Digital Commons Network^™

Enhancing Police Accountability And Legitimacy, Daniel L. Stageman

Publications and Research

As the institution responsible for exercising the state monopoly on violence within U.S. borders, the legitimacy of policing depends on its accountability through the democratic process. Ideally, police in a democracy are authorized by the voting public to use force in a manner that is limited, justifiable, and clearly in service of the aims of public safety and law enforcement - in other words to prevent the social harms associated with criminal behavior. A combination of factors including structural inequality, historical associations with white supremacy, and hyperlocal oversight structures present significant challenges to police legitimacy, especially in highly policed communities …

Ganging Up On Terrorism: Transnational Gangs And Tier Iii Terrorist Organizations, Adam S. Domitz

American University Law Review

The Immigration and Nationality Act sets forth three distinct tiers of terrorist organizations. Unlike Tiers I and II, Tier III does not require official designation in the Federal Register by cabinet level officials. Instead, the tier calls for case-by-case adjudication by executive branch employees such as asylum officers and immigration judges. Noncitizens who engage in certain activities with or who have certain ties to any of the three tiers of organizations are inadmissible to the United States and barred from most forms of immigration relief, subject to limited exceptions. Nevertheless, in recent years, a variety of entities—including the Trump administration—have …

The Rise Of The 'Immigrant-As-Injury' Theory Of State Standing, Jennifer Lee Koh

American University Law Review

Despite the Biden Administration’s efforts to hold itself out as a humane alternative to the excesses of immigration enforcement during the Trump presidency, federal courts have prevented a number of immigration policy changes from going forward during the first half of the Biden era. States serve as the primary plaintiffs in these lawsuits, which have impacted cornerstone immigration policies such as the termination of exclusionary border policies, the restoration of Deferred Action for Childhood Arrivals (DACA), and the application of enforcement priorities. During the 2022-23 term, the Supreme Court will hear certain states’ challenge to immigration enforcement priorities in United …

First Amendment Challenges To State Vaccine Mandats: Why The U.S. Supreme Court Should Hold That The Free Exercise Clause Does Not Require Religious Exemptions, Donna M. Gitter

American University Law Review

The U.S. Supreme Court has never issued a judicial opinion on the merits declaring that the First Amendment Free Exercise Clause permits states to mandate vaccinations without offering religious exemptions. However, in two recent cases, the Court in brief orders declined applications for emergency relief to block state vaccine mandates, and the petitioners have vowed to continue to pursue these cases.

This Article explores how the seemingly sudden onset of the coronavirus pandemic, coupled with its protracted duration, has occasioned both emergency and enduring state regulation of religious behavior in a way that exposes deep divides in our society’s views …

Sorority Women’S Perceptions Of Survivors’ Services And Justice On An Urban Campus, Andrea Giuffre, Elaine Gunnison

Dignity: A Journal of Analysis of Exploitation and Violence

While researchers have attempted to estimate the prevalence of and identify risk factors for sexual assault, less is understood about the relationship among populations at high risk for sexual assault and their perceptions of survivors’ services organizations and justice. The purpose of this investigation is to contribute to existing research through exploratory qualitative analyses of 43 undergraduate sorority women’s perceptions of survivors’ services and justice on a large, urban campus in the Pacific Northwest in the United States. Results of these exploratory analyses revealed that the sorority women had preferences for informal confidants and services whom they could trust concerning …

When Exemptions Discriminate: Unlawfully Narrow Religious Exemptions To Vaccination Mandates By Private Colleges And Universities, Ronald J. Colombo

Hofstra Law Faculty Scholarship

Numerous colleges and universities have imposed COVID-19 vaccination mandates upon their students. Most of these mandates also include language purporting to recognize medical and religious exemptions. With regard to religious exemptions, some are unjustly discriminatory. Most notably, some give preference to students who are members of organized religions over students who are not. And even facially neutral exemptions can be administered in an unjustly discriminatory way by, for example, giving preference to one set of religious denominations over another, or by engaging in “religious profiling” (whereby students of a particular denomination are held completely beholden to the beliefs of that …

The Thin Blue Line Between Virtue And Vice: Confronting The Moral Harms Of Policing, G. Alex Sinha

Hofstra Law Faculty Scholarship

Scholarship on policing has exploded in recent years as bystanders increasingly record and circulate videos of police brutality, much of it directed at civilians of color. These incidents have invited significant attention on the culture of police departments and police unions, generating widespread calls for the reform or even the abolition of police forces. The traditional considerations at the center of these debates include the practical challenges to enacting reforms, the expected efficacy of proposed changes for curtailing abuses, and the possible costs of these changes (whether measured in dollars or crime rates). The moral premises that are inherently embedded …

Peripheral: Women's Imprisonment In Twentieth Century Ireland, Christina Quinlan

Research Outputs: 2025-Present

No abstract provided.

Mind The Gap: Reimagining An Interactive Programming Course For The Synchronous Hybrid Classroom, Christopher M. Poskitt, Kyong Jin Shim, Yi Meng Lau, Hong Seng Ong

Research Collection School Of Computing and Information Systems

COVID-19 has significantly affected universities, forcing many courses to be delivered entirely online. As countries bring the pandemic under control, a potential way to safely resume some face-to-face teaching is the synchronous hybrid classroom, in which physically and remotely attending students are taught simultaneously. This comes with challenges, however, including the risk that remotely attending students perceive a ‘gap’ between their engagement and that of their physical peers. In this experience report, we describe how an interactive programming course was adapted to hybrid delivery in a way that mitigated this risk. Our solution centred on the use of a professional …

Psychopathy And Emotion Regulation: The Mediating Role Of Motives And Goals, Morning S. Baker

Dissertations and Theses @ UNI

The purpose of this study was to examine the relation between psychopathy and emotion regulation as serially mediated by emotional motives and goals in an all-male sample. Six serial mediation models were proposed, three for each motive-type (i.e., hedonistic, instrumental), and two for each emotion (i.e., anger, fear, joy). Eight-hundred and seventy-eight participants were recruited via Amazon’s Mechanical Turk (MTurk). Results indicate that male MTurk workers with greater levels of psychopathy have poorer emotion regulation, emotion goals for experiencing anger and fear, hedonistic and instrumental motives for experiencing anger and fear, emotion goals for not experiencing joy, and hedonistic and …

Optimizing Exterior Lighting Illuminance And Spectrum For Human, Environmental, And Economic Factors., S. M. Simmons, Stuart Werner Baur, William L. Gillis, Devin Michael Burns, Heath Pickerill

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

With the recent widespread adoption of LED lighting in outdoor areas, numerous concerns have been raised about the potential for harmful effects on humans, animals, plants, and the night sky. These stem from the high blue light content of some LED bulbs and an incentive to increase lighting levels caused by higher efficiency and lower costs. While new lighting installations are often described as environmentally friendly due to their energy efficiency, factors such as light pollution are often neglected or not given enough weight. This research focuses on optimizing the design of exterior lighting for human, environmental, and economic factors …

Social Disorganisation Theory And Violent Crime: A Spatial-Econometric Analysis Of Chicago And Sydney, Anthony N. Greening

Theses: Doctorates and Masters

The spatialisation of violent crime is explored in two large case studies, Chicago and Sydney, using spatial econometric methods and macro-sociological variables derived from Social Disorganisation Theory.

Social Disorganisation Theory (SDT) is introduced in terms of its formulation in response to highly specific conditions arising in Chicago, as well as its adoption of methodological and theoretical developments from existing traditions. This specificity belies its breadth of application and enduring presence in criminology. With “Social Disorganisation Theory” hosting a wealth of highly nuanced academic dialogue conducted under its banner, current incarnations of SDT appear as branches on an evolutionary tree. This …

Of Afrofuturism, Of Algorithms, Ngozi Okidegbe

Faculty Scholarship

Algorithms are proliferating in criminal legal structures. The predictions produced by these algorithms inform life-altering decisions around surveillance and incarceration. Their continued use poses a challenge to ongoing racial justice efforts. Contesting how algorithms of today maintain the racial status quo requires a fundamental rethinking of the algorithm project. This essay explores how Afrofuturism can facilitate such a rethinking. It imagines how applying an Afrofuturist paradigm to the adoption, construction, implementation, and oversight of algorithms could radically change the kind of algorithms developed and the purposes for which they are developed. Tapping into this potential offers the chance for members …

Unraveling The Web Of Legal Protection: Race, Police Misconduct, And The Favorable Termination Rule, Jasmine Gonzales Rose, Caitlin Glass, Neda Khoshkhoo

Faculty Scholarship

The murder of George Floyd raised greater awareness of the pervasiveness of racialized police violence in the United States. Advocates, activists, and concerned policymakers have drawn attention to legal barriers that prevent accountability for police who kill and abuse Black, Indigenous, and other people of color (“BIPOC”), such as qualified immunity. However, the true extent of the legal system’s protections regarding racialized police misconduct remains unrecognized. A key example of this is the favorable termination rule, which many jurisdictions have interpreted as imposing an “indications-of-innocence” standard. This standard, in numerous instances, serves as a procedural loophole that prevents civil rights …

Ransomware Attacks As A Cybercrime In The United States: An Exploratory Study, Ayidh Alotaibi

All-Inclusive List of Electronic Theses and Dissertations

Ransomware has become a global cybersecurity issue in recent years. Ransomware is a type of malware that breaks into a security system and restricts access to infected users files to request money in exchange for decrypting keys. This issue has increased the concerns of cybersecurity specialists about the rapid spread of ransomware attacks across the world. This research studied the extent of ransomware attacks as a cybercrime in the United States. The goal of this study was to review the effect of ransomware attacks among individuals to rank states by the frequency of victimization and dollars loss in the United …

The Problems With Trade Secret Protection/Overprotection In Asia, Kung-Chung Liu

Research Collection Yong Pung How School Of Law

Trade secret protection law has been an important complement to patent law and has gained increasing importance over the last three decades, not least in Asia. Major Asian countries are now at a crossroads, as some (Japan, Korea, Thailand, Taiwan, and China) are following the US approach to criminalizing trade secret infringement and imposing harsher penalties on economic espionage (Japan, Korea, Taiwan, and China). This paper identifies many of the problems associated with trade secret protection, provides indicators of the overprotection of trade secrets, and warns against its many side effects. It then points out the crossroads that Asian economies …

2022 Silicon Valley Pain Index, Scott Myers-Lipton, William Armaline

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

Judges And Mass Incarceration, Carissa Byrne Hessick

Faculty Publications

This Article argues that judges—long overlooked in contemporary explanations of mass incarceration—have played a central role both through affirmative decisions that increased punishment and through failures to act as a check on prosecutorial power. It traces how judicial choices such as imposing the trial penalty, deferring to sentencing guidelines, allowing coercive plea bargaining, expanding pretrial detention, and adopting narrow or delayed statutory interpretations have structurally reshaped the criminal justice system to favor conviction and incarceration. The Article then proposes practical steps trial judges could implement immediately to reverse these trends, including reducing reliance on pretrial detention, eliminating the trial penalty, …

Defunding Police Agencies, Rick Su, Anthony O'Rourke, Guyora Binder

Faculty Publications

This Article contextualizes the police defunding movement and the backlash it has generated. The defunding movement emerged from the work of Black-led activists to reassert democratic control over policing and shift resources to social service agencies and other institutions serving community needs. In reaction, states have enacted anti-defunding bills checking local government reduction of law enforcement budgets. These anti-defunding measures continue a long tradition of state and federal control over local police spending, subverting local democratic control over police agencies. These limits include direct legal constraints on local police spending and indirect constraints through grants and authorization to collect fines, …

Preemption Of Police Reform: A Roadblock To Racial Justice, Rick Su, Marissa Roy, Nestor Davidson

Faculty Publications

In 2020, nearly half of the largest U.S. cities reoriented municipal spending priorities by directing money from their police budgets to social services; for many cities, these budgetary changes reversed decades of increases. Cities began implementing additional police reforms as well: New York City became the first municipality to end qualified immunity for police officers while San Francisco shifted to deploying crisis response teams, rather than police officers, to respond to mental health calls.

Instead of supporting these critical reforms, some states targeted cities that prioritized racial justice by preempting those cities’ ability to engage in meaningful change. In the …

Evaluation Of Air Consumption And Work Efficiency In Structural Firefighters, Emily Lynn Langford

Theses and Dissertations--Kinesiology and Health Promotion

INTRODUCTION: For safe and efficient fireground performance, firefighters (FF) must consume air supplied by the self-contained breathing apparatus (SCBA) efficiently while sustaining high work rates. Firefighter research and fire department physical ability assessments typically quantify performance solely on task completion time (i.e., work rate), failing to consider the critical element of air consumption efficiency, which subsequently impacts the SCBA’s functional work duration. PURPOSES: (Arm 1, Aim #1) To examine variability in air consumption (AC) between FF during standardized pace tasks; (Arm 1, Aim #2) To evaluate AC efficiency (ACE) against a recognized metabolic-work rate concept of economy; (Arm …

Etiology Of Firefighter Injuries: A Health Care Practitioner Perspective, Alyssa Quinn Eastman

Theses and Dissertations--Kinesiology and Health Promotion

BACKGROUND: Structural firefighting involves the performance of rigorous occupational tasks in unpredictable, dynamic, and hot environments which increases firefighters’ risk of injury. Specifically, the National Fire Protection Association reported that musculoskeletal injuries account for 56% of non-fireground and 41% of fireground injuries. Furthermore, physical training is the most common cause of injury, accounting for one-third of all injuries and resulting in 41% of post-injury absences from work. There is limited research identifying occupational and exercise injury risk factors among firefighters. However, experienced health care practitioners working with fire departments may provide critical insight into potential mechanisms of these common injuries. …

Getting Proactive With Police Proactivity: The Benefits Of Computer-Aided Dispatch For Directing Police Resources To Areas Of Need, Kris Henning, Christian Peterson, Greg Stewart, Kimberly Kahn, Yves Labissiere, Brian Renauer, Renee Mitchell, Sean Sothern

Criminology and Criminal Justice Faculty Publications and Presentations

Sherman and colleagues (2014) argue that crime reductions associated with hot spot policing can be maximized by carefully managing the dosage of supplemental resources delivered. Fully achieving this goal in prior studies has been difficult due to resistance by officers, the use of atypical strategies for directing patrols to target locations, and insufficient attention to the measurement of treatment dosages. This has led to calls for process research examining the implementation of hot spot policing in law enforcement agencies. The current study represents one such effort. The computer-aided dispatch (CAD) system for a large U.S. police department was pre-programmed with …

Nonparty Interests In Contract Law, Omri Ben-Shahar, David A. Hoffman, Cathy Hwang

Coase-Sandor Institute for Law & Economics Research Paper Series

Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and parties embrace this party primacy norm, recognizing only a few exceptions, such as mandatory rules that bar enforcement of agreements that harm others. This Article describes a distinct species of previously unnoticed contract law rules that advance nonparty interests, which it calls “nonparty defaults.

In doing so, this Article makes three contributions to the contract law literature. First, it identifies nonparty defaults as a judicial technique. It shows how courts deviate from the party primary norm with surprising …

Automated Legal Guidance At Federal Agencies, Joshua D. Blank, Leigh Z. Osofsky

Faculty Publications

When individuals have questions about Federal benefits, services, and legal rules, they are increasingly seeking help from government chatbots, virtual assistants, and other automated tools. Current forms of automated legal guidance platforms include the U.S. Citizenship and Immigration Services’s “Emma,” the U.S. Department of Education’s “Aidan,” and the Internal Revenue Service’s “Interactive Tax Assistant.” Most scholars who have studied artificial intelligence and Federal government agencies have not focused on the government’s use of technology to offer guidance to the public. The absence of scholarly attention to automation as a means of communicating government guidance is an important gap in the …

White Injury And Innocence: On The Legal Future Of Antiracism Education, Osamudia James

Faculty Publications

In the wake of the “racial reckoning” of 2020, antiracism education attracted intense attention and prompted renewed educator commitments to teach more explicitly about the function, operation, and harm of racism in the United States. The increased visibility of antiracism education engendered sustained critique and opposition, resulting in executive orders prohibiting its adoption in the federal government, the introduction or adoption of over sixty state-level bills attempting to control how race is taught in schools, and a round of lawsuits challenging antiracism education as racially discriminatory. Because antiracism so directly runs afoul of norms underlying American antidiscrimination law, including anticlassification, …

Surveilling Potential Uses And Abuses Of Artificial Intelligence In Correctional Spaces, Justin Iverson

Scholarly Works

In section II, this paper will begin with an analysis of the development of AI, noting famous examples and establishing a baseline definition as a lens for the rest of this discussion. This paper will assess aspects of AI and machine learning to the extent it furthers our understanding of AI’s ability to collect data and make decisions. Some popular culture references will be brought into focus here to recognize storytelling’s ability to inspire and influence real-world scientific pursuits. Of preliminary importance, the AI we have both dreamed of and feared are certainly kept in mind as technology advances through …

How To Design An Antiracist State And Local Tax System, Francine J. Lipman

Scholarly Works

Since the first ship of enslaved African people landed in Virginia in 1619, racist policies in institutions, systems, structures, practices, and laws have ensured inequity for people of color. These racist policies include every imaginable variant of injustice from slavery to lynching, to segregation, and to economic injustices, including those delivered through tax systems today. Although facially color-blind, tax systems have long empowered the explosion of white wealth and undermined wealth accumulation for Black families and communities of color. State and local tax systems, especially in the South, have deeply-rooted racist fiscal policies, including Jim Crow laws that continue to …

Health Law: Vaccine Mandates And Religion, Dorit Reiss

The Judges' Book

No abstract provided.

Raps Sheet, January 2022, Retirement Association Of Portland State

RAPS Sheet: Monthly Newsletter

No abstract provided.