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2018 J-Term Academic Catalog, Lynn University

Academic Catalogs

No abstract provided.

Criminal Law - Determining When, If Ever, Sex Offender Registration Applies To Juvenile Defendants - Commonwealth V. Samuel S., 69 N.E.3d 573 (Mass. 2017), Jennifer M. Plummer

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - Double Jeopardy Will Not Bar Subsequent Prosecution Under Alternative Oui Theory - Commonwealth V. Hebb, 77 N.E.3d 308 (Mass. 2017), Kathryn Witham

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Style, Substance, And The Right To Keep And Bear Assault Weapons, Allen K. Rostron

Faculty Works

No abstract provided.

Corporate Governance As Privately-Ordered Public Policy: A Proposal, Lynn A. Stout, Sergio Alberto Gramitto Ricci

Faculty Works

In this Article, we show how our society can use corporate governance shifts to address, if not entirely resolve, a number of currently pressing social and economic problems. These problems include: rising income inequality; demographic disparities in wealth and equity ownership; increasing poverty and income insecurity; a need for greater innovation and investment in solving problems like disease and climate change; the “externalization” of many costs of corporate activity onto third parties such as customers, employees, creditors, and the broader society; the corrosive influence of corporate money in politics; and discontent and loss of trust in the capitalist system among …

Can The President Control The Department Of Justice?, Bruce A. Green

Faculty Scholarship

No abstract provided.

Racial Equity In Algorithmic Criminal Justice, Aziz Z. Huq

Public Law and Legal Theory Working Papers

Algorithmic tools for predicting violence and criminality are being used more and more in policing, bail, and sentencing. Scholarly attention to date has focused on their procedural due process implications. My aim here is to consider these instruments’ interaction with the enduring racial legacies of the criminal justice system There are two competing lenses for evaluating the racial effects of algorithmic criminal justice: constitutional doctrine and emerging technical standards of “algorithmic fairness.” I argue first that constitutional doctrine is poorly suited to the task. It will often fail to capture the full range of racial issues that potentially arise in …

From War Dogs To Service Dogs: The Retirement And Adoption Of Military Working Dogs, Mackenzie Landa

Animal Law Review

Military Working Dogs (MWD) are canine service members that provide safety, comfort, love, and sometimes their lives to their human teammates. Soldiers rely on these dogs for companionship, support, and protection. However, handler dog teams are often separated when human soldiers return home from deployment. The dogs, classified as property by the Department of Defense, remain overseas and work until they are no longer useful to the military. Once the military decides a MWD is unable to serve, the dog is often left abroad unless a handler or nonprofit organization can fund the dog’s transport back to the United States. …

United States V. Benally, Kasey Kimball

NYLS Law Review

No abstract provided.

From “Arbitrary” To Arbitration: Using Adr’S Popular Favorite To Resolve Commercial Marijuana Disputes, Madeline G. Landry

UC Law Business Journal

No abstract provided.

The "Scourge" Of Armed Check Fraud: A Constitutional Framework For Prohibited Possessor Laws, Jeffrey Giancana

University of Michigan Journal of Law Reform

Prohibited possessor statutes have been a part of American law for decades. Put simply, these laws prohibit any person who has been convicted of a felony from possessing a firearm, a prohibition that lasts for the felon’s entire life. The Supreme Court’s modern Second Amendment jurisprudence has held that the right to possess a firearm is a fundamental individual right. In light of this new paradigm, the constitutionality of such broad prohibitions must be called into question—despite the eagerness of courts across the country to dismiss such challenges by pointing to a single line in Heller. This Note challenges the …

Environmental Remediation And Its Discontents: The Contested Cleanup Of Vieques, Puerto Rico, Katherine Mccaffrey

Department of Anthropology Faculty Scholarship and Creative Works

Since protest forced the US Navy off Vieques Island, Puerto Rico in 2003, the US military has embarked on one of the largest environmental remediation projects it has ever undertaken. This article explores the way a narrowly conceived, technocratic cleanup process is translated onto an island with a deep history of grassroots mobilization and antagonism towards federal authority. The Restoration Advisory Board (RAB) is a crucible for considering the uneasy dynamics of cleanup. US law enshrines the RAB as the principal venue for "public participation" in the cleanup process. However, the prevailing technocratic framework, constrained by under-resourced bureaucratic agencies, clashes …

African American Male Ex-Offenders' Perceptions Of A Reentry Program's Impact On Recidivating, Latoya Rochelle Burt

Walden Dissertations and Doctoral Studies

African American male ex-offenders struggle with lack of assistance during their transition from incarceration, and they encounter many barriers when released back into the community. The purpose of my general qualitative study was to explore the perceptions of whether the reentry program impacted African American male ex-offenders likelihood of recidivating within one year. The theoretical framework included labeling theory, social disorganization theory, and social learning theory. The population consisted of 60 African American male ex-offenders intake participants of a reentry program that all completed the Client Satisfaction Survey. A purposive random sampling method was used to select ten participants for …

The Influence Of School Discipline Approaches On Suspension Rates, Donna Christy

Walden Dissertations and Doctoral Studies

A free and appropriate public education is promised to every child in the United States. However, zero tolerance school discipline policies have broken that promise, pushing students out of the classroom and into the school-to-prison pipeline. Despite the growing body of research demonstrating negative social and economic impacts of exclusionary discipline, public school administrators have been slow to adopt innovative policies that provide rehabilitative alternatives. The purpose of this study was to compare, using the consequences of innovations application of Rogers's diffusion of innovations theory, the impact of various school district approaches to school discipline on suspension rates while controlling …

Immigration Attorneys' Perceptions And Attitudes About Delays In Removal Proceeding Hearings, Awa C. Diawara

Walden Dissertations and Doctoral Studies

Abstract

Immigration courts in the United Sates are struggling to resolve 610,524 removal

proceedings cases with approximately 330 judges located in 58 immigration courts

nationwide. Due to the limited number of judges, case backlogs have increased steadily,

with the wait time being 854 days in 2017 for the first hearing and much longer for case

resolution. The purpose of this case study was to explore the perceptions and attitudes of

immigration attorneys about delays in removal proceeding hearings in an immigration

court in the southwest. Kettl's transformation of governance theory served as the

theoretical foundation for this study, which explored …

Protecting The Rights Of Daca Recipients As Persons Residing Under Color Of Law In New York, Janet M. Calvo

City University of New York Law Review

While the future immigration status of those who enrolled in DACA, Deferred Action for Childhood Arrivals, is uncertain, they should remain eligible for both professional licensing and Medicaid in New York as they continue to be PRUCOL, permanently residing under color of law, whether or not DACA is ultimately rescinded. Almost 800,000 non-citizens who came to the United States as children have been afforded DACA. As of 2017, there were over 40,000 approved DACA recipients (DACAs) in New York. The USCIS reported that as of September 4, 2017 there were 32,900 active DACAs in New York. A future immigration status …

The First Amendment & Current State-Level Legislative Repression, John Loranger

City University of New York Law Review

No abstract provided.

Sanctuary Policies: Local Resistance In The Face Of State Anti-Sanctuary Legislation, Azadeh Shahshahani, Amy Pont

City University of New York Law Review

No abstract provided.

Legal Scholarship And External Critique In Eu Law, Fernanda Giorgia Nicola Dr., Daniela Caruso

Contributions to Books

The propensity to engage in a sustained critique of EU law marbles several contributions in this Volume and certainly animates this chapter. This generally critical stance takes the present stage of legal Europeanization as a fact and aims to make full use of the possibilities for political and social justice it can currently support, but at the same time it decries its many structural and dynamic drawbacks. In doing so, this critical project borrows liberally from CLS without fear of misreading or misappropriation. Irreverence in this context is a feature, not a bug. The CLS toolkit is clearly useful to …

Capital Program Cost Optimization Through Contract Aggregation Process, Yu Julie Qiao, Jon D. Fricker, Samuel Labi

JTRP Technical Reports

An earlier study (SPR-3702) indicated that INDOT’s practice of grouping (or bundling) projects into multiple-project contracts (MPCs) usually resulted in lower unit costs. This follow-up study (SPR-4156) takes advantage of INDOT’s increased use of project bundling and the data that have been assembled since the conduct of SPR-3702. The principal findings are:

1. Economies of scale. The decline in unit cost as the project size increases has been documented for all project types analyzed in this study.
2. Economies of bundling. Project cost are reduced as projects are bundled into a contract for all bridge work types, and most traffic, small structure …

Transitional Justice For The Persecution Of The Rohingya, Elliot Higgins

Fordham International Law Journal

No abstract provided.

Assimilation For Hispanics, Generational Standing, Education And Income: A Correlational Empirical Study., Tammy B. Burroughs

Walden Dissertations and Doctoral Studies

Latino immigrants who lack assimilation into U.S. society often experience discrimination and immigrant backlash. The purpose of this exploration was to better understand the historical lack of assimilation of Latino immigrants, so they may avoid discrimination and have more access to goods and services. Self-determinism helped explain why the Latino immigrant group has a problem assimilating due to exclusionary practices, while segmented assimilation offered explanations on why assimilation is difficult. In this study, assimilation was measured according to English mastery by Spanish speakers. The research question was focused on what extent the level of generational standing, education, and income relate …

The Role Of Organizational Justice In Police Interaction Decisions With Citizens Post-Ferguson, Joshua Lee Adams

Walden Dissertations and Doctoral Studies

Recent negatively publicized police-citizen interactions in the media, followed by a subsequent rise in crime rates in the United States, has been named the Ferguson Effect. The Ferguson Effect has been explored by prominent scholars in the criminal justice community; however, little is known about how police officers in small police agencies perceive the Ferguson Effect. The purpose of this qualitative phenomenological study was to explore the perceptions and lived experiences of police officers regarding the Ferguson Effect in small police agencies, as well as police officers' perceptions of their own organizational justice. The theoretical framework for this study was …

Aligning Social Media, Mobile, Analytics, And Cloud Computing Technologies And Disaster Response, William Tuley Worthy

Walden Dissertations and Doctoral Studies

After nearly 2 decades of advances in information and communications technologies (ICT) including social media, mobile, analytics, and cloud computing, disaster response agencies in the United States have not been able to improve alignment between ICT-based information and disaster response actions. This grounded theory study explored emergency response ICT managers' understanding of how social media, mobile, analytics, and cloud computing technologies (SMAC) are related to and can inform disaster response strategies. Sociotechnical theory served as the conceptual framework to ground the study. Data were collected from document reviews and semistructured interviews with 9 ICT managers from emergency management agencies in …

Substandard Rental Housing In The Promise Zone Of A Mid-Sized U.S. City, Ruth Elizabeth Metzger

Walden Dissertations and Doctoral Studies

A persistent gap exists between established federal, state, and local standards for housing habitability and the condition of rental housing. The condition persists despite local code enforcement mechanisms, leaving significant potential to improve housing. Such housing can have adverse impacts on people's physical and mental health, economic stability, education, crime, community development, and municipal budgets. The purpose of this case study was to identify factors that create and perpetuate the problem, make it difficult to resolve, and to identify policy actions with the potential to help mitigate it. Rational choice theory and public choice theory formed the framework to analyze …

Moving Forward After Daca: Student Stories And Town Hall, Hastings Race And Poverty Law Journal

UC Law Journal of Race and Economic Justice

No abstract provided.

You Can Run, But You Can’T Hide: Law Enforcement’S Use Of “Stingray” Cell Phone Trackers And The Fourth Amendment, Cody Benway

Southern Illinois University Law Journal

Law enforcement officials have begun to use the connection of cell phones as a major tool in their investigations and subsequent apprehension of criminal suspects.  One such tool officials are using is a cell-site simulator, otherwise known as a “Stingray.”  This device is currently being used by law enforcement to identify and track cell phones of criminal suspects in criminal investigations. These devices, posing as cell towers, capture information relayed from a suspect’s cell phone and can be used by law enforcement to track and locate the cell phone being used by the suspect.  As cell phones have become such …

Using Communication Theories In Mine-Risk Education Campaigns: The Case Of Vietnam, Duong Trong Hue

Global CWD Repository

In this study, I will look at the problem from a health communication perspective with a focus on the linkage between the theories of attitude and behavioral change in the health communication field and the application of mine-risk education programs in Vietnam. This research will contribute to the field of risk education, specifically in communication campaigns to save lives and limbs in landmine affected communities. It also helps to shed more light on the real impact of mine-risk education campaigns to the mine-affected population.

The paper is organized as follows. First, I will provide a brief introduction of the mine-risk …

Calling A Truce To The Crypto Wars: Why Congress And Tech Companies Must Work Together To Introduce New Solutions And Legislation To Regulate Encryption, Liz Kaminski

Seton Hall Law Review

No abstract provided.

Who Will Regulate American Forensic Science?, Simon A. Cole

Seton Hall Law Review

No abstract provided.