Digital Commons Network^™

Aggressive Policing And The Educational Performance Of Minority Youth, Joscha Legewie, Jeffrey A. Fagan

Faculty Scholarship

An increasing number of minority youth are confronted with the criminal justice system. But how does the expansion of police presence in poor urban communities affect educational outcomes? Previous research points at multiple mechanisms with opposing effects. This article presents the first causal evidence of the impact of aggressive policing on the educational performance of minority youth. Under Operation Impact, the New York Police Department (NYPD) saturated high crime areas with additional police officers with the mission to engage in aggressive, order maintenance policing. To estimate the effect, we use administrative data from about 250,000 adolescents aged 9 to 15 …

Fiscal Pressures And Discriminatory Policing: Evidence From Traffic Stops In Missouri, Allison P. Harris, Elliott Ash, Jeffrey A. Fagan

Faculty Scholarship

This paper provides evidence of racial variation in traffic enforcement responses to local government budget stress using data from policing agencies in the state of Missouri from 2001 through 2012. Like previous studies, we find that local budget stress is associated with higher citation rates; we also find an increase in traffic-stop arrest rates. However, we find that these effects are concentrated among White (rather than Black or Latino) drivers. The results are robust to the inclusion of a range of covariates and a variety of model specifications, including a regression discontinuity examining bare budget shortfalls. Considering potential mechanisms, we …

The Use Of Crisis Communication Strategies To Build Community Resilience: Evidence From Emergency Managers, Brittany Haupt

Electronic Theses and Dissertations

As public administration evolved to encompass a strong focus on supporting safe growth and development for communities, the role and responsibilities of government became increasingly complex with aspects of emergency management becoming quintessential. The ability to assess resilience plays a strong role in understanding the capability of a community to face a range of threats. Additionally, issues with communication uncovered the need to understand how administrators collect, disseminate, and adapt critical information through understanding crisis type and local community needs. This dissertation discusses the connection between public administration and emergency management, the evolution of crisis communication and strategies, resilience and …

Occupational Licensing: How States And Professionals Work To Keep The Poor From Working, Seth Johnson

Public Interest Law Reporter

No abstract provided.

Graduate Bulletin, 2018-2019, Minnesota State University Moorhead

Graduate Bulletins (Catalogs)

No abstract provided.

Corruption By Card: How Police Association Cards Allow Law Enforcement To Cloak Self-Dealing As Discretion​, Andrew Kuntz

Center for the Advancement of Public Integrity (Inactive)

Law enforcement abuse their discretion by providing favorable treatment to individuals that demonstrate a relationship to the law enforcement community. Private organizations affiliated with law enforcement have capitalized on this by creating association cards which are distributed by members to friends, family members, and others. Card holders present the card during encounters with law enforcement to signal that they have a relationship with law enforcement, with the expectation that they will receive favorable treatment. Though the cards have no formal authority behind them, strong norms in the law enforcement community punish officers that fail to honor them. Because the cards …

Career Motivations Of State Prosecutors, Ronald F. Wright, Kay L. Levine

Faculty Articles

Because state prosecutors in the United States typically work in local offices, reformers often surmise that greater coordination within and among those offices will promote sound prosecution practices across the board. Real transformation, however, requires commitment not only from elected chief prosecutors but also from line prosecutors—the attorneys who handle the daily caseloads of the office. When these individuals’ amenability to reform goals and sense of professional identity is at odds with the leadership, the success and sustainability of reforms may be at risk.

To better understand this group of criminal justice professionals and their power to influence system reforms, …

Appointing Lesbian, Gay, Bisexual, Transgender And Queer Judges In The Trump Administration, Carl W. Tobias

Law Faculty Publications

President Donald Trump incessantly brags that American citizens selected him to “Make the Judiciary Great Again” and constantly reminds the public that the huge number of federal jurists whom Trump has appointed will be deciding cases decades after his tenure is over. Trump has rapidly submitted many circuit and district court candidates, but not one of his 123 nominees has been openly lesbian, gay, bisexual, transgender or queer (LGBTQ). The White House has also instituted endeavors, specifically regarding transgender people, which seem discriminatory. Indeed, a third of the judicial nominees whom the President has appointed have compiled anti-LGBTQ records. Because …

Ignorance Over Innovation: Why Misunderstanding Standard Setting Organizations Will Hinder Technological Progress, Kristen Osenga

Law Faculty Publications

On January 17, 2017, the Federal Trade Commission (FTC) sued Qualcomm Inc. in federal district court, alleging antitrust violations in the company's licensing of semiconductor chips used in cell phones and more. The suit alleges, in part, that Qualcomm refuses to license its patents that cover innovations incorporated in technology standards (standard-essential patents, or SEPs), in contradiction of the company's promise to license this intellectual property on fair, reasonable, and nondiscriminatory (FRAND) terms. According to the FTC, Qualcomm's behavior reduces competitors' ability to participate in the market, raises prices paid by consumers for products incorporating the standardized technology, and at …

Burying Lochner: Why Courts Should Reject Coming Attempts To Revive Economic Due Process, Brandon R. Magner

Kentucky Law Journal

No abstract provided.

The Legal Risks Of Big Data Policing, Andrew Guthrie Ferguson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Undergraduate Course Catalog Of The University Of San Diego 2018-2019, University Of San Diego

Undergraduate Course Catalogs (1973- )

352 pages. Includes information about academics, campus and the college, the 2018-2019 academic calendar, and school policies.

Emergency Management In Community Colleges: Why Colleges Need To Be Prepared, Dave Dibelka

Department of Educational Administration: Dissertations, Theses, and Student Research

This practice brief provides community college leaders with recommendations for preparing for emergencies that could occur on their campuses. When issues occur on college campuses that have an impact on day-to-day operations, administrators need to be prepared to ensure that their students, faculty, and staff have the knowledge of what to do before and after these situations occur. Also, these issues can bring increased media attention and, if the incident is not handled properly, it can cause serious harm to the institution's reputation. Having plans and teams in place prior to an incident will benefit not only the institution but …

Revealing State Secrets: An Analysis Of The Tension Between National Security And Government Transparency, Adam Marshall

Emory International Law Review Recent Developments

Throughout world history, espionage has served as a key way to gather evidence and forge strategies. Today, espionage serves as a way to elicit knowledge that allows states to both gain superiority over adversaries and allies and also safeguard their own information from the prying hands of others. But, states often engage in espionage activities while deriding similar acts of others, producing an interesting contradiction. As a result, many states have created various espionage statutes to define the acts and their subsequent consequences. In a government for the people, states must weigh their commitment to transparency and democratic ideals against …

Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Introduction: Troubling Transparency, David E. Pozen, Michael Schudson

Faculty Scholarship

Transparency is a value in the ascendance. Across the globe, the past several decades have witnessed a spectacular explosion of legislative reforms and judicial decisions calling for greater disclosure about the workings of public institutions. Freedom of information laws have proliferated, claims of a constitutional or supra-constitutional "right to know" have become commonplace, and an international transparency lobby has emerged as a civil society powerhouse. Open government is seen today in many quarters as a foundation of, if not synonymous with, good government.

At the same time, a growing number of scholars, advocates, and regulators have begun to raise hard …

The Intersection Between Young Adult Sentencing And Mass Incarceration, Joshua Gupta-Kagan

Faculty Scholarship

This Article connects two growing categories of academic literature and policy reform: arguments for treating young adults in the criminal justice system less severely than older adults because of evidence showing brain development and maturation continue until the mid-twenties; and arguments calling for reducing mass incarceration and identifying various mechanisms to do so. These categories overlap, but research has not previously built in-depth connections between the two.

Connecting the two bodies of literature helps identify and strengthen arguments for reform. First, changing charging, detention, and sentencing practices for young adults is one important tool to reduce mass incarceration. Young adults …

The Scc's Dilemma: What To Do With Interveners?, Richard Haigh

Articles & Book Chapters

At a conference in 2016, Osgoode Hall Law School Dean Lorne Sossin made the following offhand comment: “I think it is possible to tell the most important Supreme Court of Canada cases by the number of interveners that were involved.” I assume what he meant--and granted, it was somewhat tongue in cheek--that the more interveners there are in a case, the more important the case.

The comment intrigued me. Is it true? It is such a simple proposition. Intuitively, it seems right: more parties would wish to involve themselves in those cases that have larger impacts, or that represent more …

The Spies Who Hate Us: Official Misdeeds And Sowing Distrust In Canadian National Security, Faisal Bhabha

Articles & Book Chapters

No abstract provided.

Life, Liberty, And Trade Secrets: Intellectual Property In The Criminal Justice System, Rebecca Wexler

Faculty Scholarship

The criminal justice system is becoming automated. At every stage, from policing to evidence to parole, machine learning and other computer systems guide outcomes. Widespread debates over the pros and cons of these technologies have overlooked a crucial issue: ownership. Developers often claim that details about how their tools work are trade secrets and refuse to disclose that information to criminal defendants or their attorneys. The introduction of intellectual property claims into the criminal justice system raises undertheorized tensions between life, liberty, and property interests.

This Article offers the first wide-ranging account of trade secret evidence in criminal cases and …

Sanctuaries As Equitable Delegation In An Era Of Mass Immigration Enforcement, Jason A. Cade

Scholarly Works

Opponents of—and sometimes advocates for—sanctuary policies describe them as obstructions to the operation of federal immigration law. This premise is flawed. On the better view, the sanctuary movement comports with, rather than fights against, dominant new themes in federal immigration law. A key theme—emerging both in judicial doctrine and on-the-ground practice—focuses on maintaining legitimacy by fostering adherence to equitable norms in enforcement decision-making processes. Against this backdrop, the sanctuary efforts of cities, churches, and campuses are best seen as measures necessary to inject normative (and sometimes legal) accuracy into real-world immigration enforcement decision-making. Sanctuaries can erect front-line equitable screens, promote …

Water-Energy-Food Nexus Stakeholder Information Sharing And Engagement Workshop, Rudolph A. Rosen, Bassel Daher, Rabi Mohtar

Water Resources Science and Technology Book and E-Book Publications and Reports (Archived)

On January 10, 2018, the Texas A&M University System Water-Energy-Food Initiative held the Water-Energy-Food Nexus Stakeholder Information Sharing and Engagement Workshop on the campus of Texas A&M University-San Antonio. The workshop involved over 70 stakeholders drawn from the water, energy, and food sectors in San Antonio and surrounding region. Stakeholders attending the workshop heard presentations on the status of San Antonio Case Study pilot projects and other WEF nexus work. Facilitated small-group sessions were held at the workshop to obtain stakeholder input on research questions to be asked, and on limitations and opportunities for stakeholder engagement on WEF nexus-related work …

Evidence-Informed Criminal Justice, Brandon L. Garrett

Faculty Scholarship

The American criminal justice system is at a turning point. For decades, as the rate of incarceration exploded, observers of the American criminal justice system criticized the enormous discretion wielded by key actors, particularly police and prosecutors, and the lack of empirical evidence that has informed that discretion. Since the 1967 President’s Commission on Law Enforcement and Administration of Justice report, The Challenge of Crime in a Free Society, there has been broad awareness that the criminal system lacks empirically informed approaches. That report unsuccessfully called for a national research strategy, with an independent national criminal justice research institute, along …

Michigan Juvenile Waiver Law: Time For Repeal?, Debra Barnum

SPNHA Review

The sharp increase in violent juvenile crimes from 1988 to 1994 compelled Michigan and almost every other state in the United States to create harsher laws to make it easier to transfer violent juvenile offenders to the adult criminal court. Michigan’s resolution arrived with the passing of Michigan Compiled Law (MCL) 712A.2d, via Public Act 288 of 1996, which abolished the age limit for juveniles to be waived to criminal court for felony crimes. Since MCL 712A.2d was passed, violent juvenile crimes and the number of juveniles transferred to criminal court have markedly decreased. However, does MCL 712A.2d deter juveniles …

Local Government And Affordable Housing Tools, Elizabeth Knape

SPNHA Review

The issue of affordable housing is a complex and multi-faceted one. It often runs counter to the market principles, and is viewed with the same scrutiny and judgment as welfare programs at large. Affordable housing programs are funded primarily at the federal level, administered at the state level, and finally implemented through local communities. Given this relationship, it may seem that local communities have very little say in the way that affordable housing develops. This paper explores how empowering localities to tackle this issue through planning initiatives can have a significant impact on quality of life for low-income individuals. In …

The Republican Party, Conservatives, And The Future Of Capital Punishment, Ben Jones

Journal of Criminal Law and Criminology

The United States has experienced a significant decline in the death penalty during the first part of the twenty-first century, as death sentences, executions, public support, and states with capital punishment all have declined. Many recent reforms banning or placing a moratorium on executions have occurred in blue states, in line with the notion that ending the death penalty is a progressive cause. Challenging this narrative, however, is the emergence of Republican lawmakers as champions of death penalty repeal legislation in red states. This Article puts these efforts by Republican lawmakers into historical context and explains the conservative case against …

The Downstream Effects Of Bail And Pretrial Detention On Racial Disparities In Incarceration, Ellen A. Donnelly, John M. Macdonald

Journal of Criminal Law and Criminology

Bail and pretrial detention decisions may have important consequences for racial disparities in incarceration rates. Poor minority defendants who are unable to post bail and get released from jail before trial may be more likely to plead guilty and accept longer sentences of incarceration. Racial disparities in incarceration sentences may then reflect a combination of differences in the seriousness of a defendant’s case, criminal history, and economic resources to pay bail. This study examines the extent to which bail decision-making and pretrial detention explain Black-White disparities in criminal adjudications and sentences in the Delaware courts from 2012 to 2014. Over …

Virtual Shackles: Electronic Surveillance And The Adultification Of Juvenile Courts, Chaz Arnett

Journal of Criminal Law and Criminology

In recent years, there has been a groundswell of attention directed at problems within the American criminal justice system, led in part by Michelle Alexander’s groundbreaking book, The New Jim Crow, and most recently through the efforts of the Black Lives Matter movement. This increased focus on the harms of over-incarceration and net-widening, has had the benefit of introducing to the public other practices utilized in the criminal justice system, such as the widespread use of ankle monitors to track the location of defendants and released offenders. Yet, despite this greater attention, legal scholarship has only recently begun to grapple …

Not Yet Gone, And Not Yet Forgotten: The Reasonableness Of Continued Mandatory Detention Of Noncitizens Without A Bond Hearing, Miriam Peguero Medrano

Journal of Criminal Law and Criminology

Section 1226(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) authorizes the mandatory detention, without the possibility of bond, of noncitizens convicted of certain qualifying offenses for the duration of their removal proceedings. Congress enacted the mandatory detention statute because it was concerned that noncitizens who are convicted of crimes will further engage in criminal activity and fail to appear for their removal hearings. To ensure noncitizens are not deprived of their constitutional right to due process, federal courts have construed § 1226(c) to contain an implicit time limitation against unreasonably prolonged detention. These courts have adopted either …

Reduced Culpability Without Reduced Punishment: A Case For Why Lead Poisoning Should Be Considered A Mitigating Factor In Criminal Sentencing, Eleanor Kittilstad

Journal of Criminal Law and Criminology

The water crisis in Flint, Michigan, where residents discovered dangerous levels of lead in their water supply in 2015, has continued to unfold over the past three years and has brought the damaging effects of lead exposure to national attention. When developing children are exposed to even low levels of lead, they are at risk of developing cognitive impairments—disorders that cause aggressive behavior and diminished intellectual functioning. This Comment seeks to bring criminal law into the conversation about lead exposure and its damaging effects. Researchers have found that children exposed to lead have a higher risk of engaging in criminal …