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Judicial Review Of Disproportionate (Or Retaliatory) Deportation, Jason A. Cade

Scholarly Works

This Article focuses attention on two recent and notable federal court opinions considering challenges to Trump administration deportation decisions. While finding no statutory bar to the noncitizens’ detention and deportation in these cases, the court in each instance paused to highlight the injustice of the removal decisions. This Article places the opinions in the context of emerging immigration enforcement trends, which reflect a growing indifference to disproportionate treatment as well as enforcement actions founded on retaliation for the exercise of constitutional rights. Judicial decisions like the ones considered here serve vital functions in the cause of immigration law reform even …

Backyard Breeding: Regulatory Nuisance, Crime Precursor, Lisa Milot

Scholarly Works

The harms of puppy mills have been well-publicized over the past decade: hundreds of female dogs living out their lives in small cages, producing puppies for sale with each heat cycle, with neither the breeding stock nor puppies receiving normal veterinary care. In popular media, academic critiques, activist publications, and legislative discussion, puppy mills are contrasted with smallvolume dog breeders—the hobby breeder or inadvertent breeder who has only a few dogs and treats them as pets or members of the family, breeding occasionally for personal reasons. Both state and federal laws have been designed to regulate puppy mills and other …

The Second Amendment As Positive Law, Joseph Blocher, Darrell A.H. Miller

Faculty Scholarship

No abstract provided.

Impact Of Client Criminal History: Barriers To Consider For The Rehabilitation Counselor, Brent Van Ham

Research Papers

For people navigating the world with a disability, the presence of a criminal record may present them with yet another challenge to function within their lives to the fullest extent possible. The prevalence of people who seek rehabilitative services who have criminal records may require counselors to have more knowledge of the barriers that they frequently encounter. The rehabilitation counselor who works with these clients must take these barriers into account when planning and implementing services for them, just as they must take into account other barriers that are socially derived, such as discrimination in all of its forms and …

"Innocence" And The Guilty Mind, Stephen F. Smith

Journal Articles

For decades, the “guilty mind” requirement in federal criminal law has been understood as precluding punishment for “morally blameless” (or “innocent”) conduct, the goal being to define the mental element in terms that will protect offenders from conviction unless they had adequate notice of the wrongfulness of their conduct. The Supreme Court’s recent decision in Elonis v. United States signals a significant shift in mens readoctrine, recognizing for the first time the potential for disproportionately severe punishment as a justification for heightened mens rea requirements. This long-overdue doctrinal move makes perfect sense because punishment without culpability and excessive punishment …

Punishing Criminals For Their Conduct: A Return To Reason For The Armed Career Criminal Act, Sheldon Evans

Scholarship@WashULaw

For over twenty-five years, the Armed Career Criminal Act has produced inconsistent results and has taxed judicial economy perhaps more than any other federal sentencing mechanism. This recidivist sentencing enhancement is meant to punish habitual criminals based on their numerous past crimes, but the Supreme Court’s application of the Act too often allows habitual criminals to escape the intended enhancement on a legal technicality. This comes as a result of the Court’s categorical approach, which punishes habitual criminal offenders based on the statutory elements of their past crimes rather than the conduct of their past crimes. In an effort to …

Is Religion A Threat To Human Rights? Or Is It The Other Way Around? Defending Individual Autonomy In The Ecthr's Jurisprudence On Freedom Of Religion, Andrea Scoseria Katz, Paulo Pinto De Albuquerque

Scholarship@WashULaw

Religious freedom is part and parcel of the European Convention of Human Rights (ECHR)’s broad catalogue of human rights. Yet in reality, religion and human rights can have a fraught, conflictive relationship. Is religion a threat to human rights? Are human rights a threat to religion?

These questions resist easy answers, yet an examination of the jurisprudence of the European Court of Human Rights’ (ECtHR) suggests that, on the whole, the Court has been more successful in identifying threats posed by religious beliefs or organizations to human rights than vice-versa. As to the former, we examine case-law in two subject …

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

Campbell Law Review

Assault weapons have long been a subject of intense controversy. The debate has intensified in recent years after a series of mass shootings in which perpetrators used AR-15 rifles or other military-style weapons, such as the shootings in Newtown, Aurora, San Bernardino, Orlando, Las Vegas, Sutherland Springs, and Parkland While the federal assault weapon ban has expired, some state legislatures have enacted bans. Critics complain that these laws irrationally condemn certain types of firearms simply because they have a military appearance. Gun control advocates argue that these laws are not just about superficial appearances and that the banned weapons are …

It's A Goodyear For Innovation, Nathaniel Rellinger, Erin Horstman, Miranda Radesic, Layne Mckinley, Nash Smalley, Rachel Starvaggi

Williams Honors College, Honors Research Projects

Innovation is nothing new to The Goodyear Tire and Rubber Company. The near future will bring another phase of evolution as the focus of tires sales will shift with the growing popularity of ride sharing, car sharing, and autonomous vehicles. For the scope of our project, it initially seemed obvious to use Goodyear’s good name as a selling point for a partnership with car sharing companies. We surveyed students at several colleges across Ohio that have car sharing fleets on campus and asked them about how they utilize the vehicles. After discovering through these interviews that ride sharing was more …

Three Essays On Financial Collaboration In The Government And Nonprofit Sectors, Saerim Kim

Theses and Dissertations--Public Policy and Administration

The primary objective of this dissertation is to study the management of public and nonprofit resources and financial risk. Governments will be able to use its findings to continue to provide public services in collaboration with other sectors, including the nonprofit sector. Nonprofit financial self-sufficiency and sub-award grant mechanisms between the government and nonprofit sectors are two primary areas to be examined. This dissertation consists of three essays. The first investigates how the diversification of nonprofit revenue portfolios influences extreme revenue risks; the results show that the chance of extreme revenue loss increases when revenue sources are highly correlated to …

Three Essays On Local Public Finance, Thomas Daniel Woodbury

Theses and Dissertations--Public Policy and Administration

This dissertation seeks to develop the subject of local public finance in a manner consistent with the political economy of local governments. For ease of description, each essay will be discussed briefly.

The first essay is titled "The Provision of Generalized Local Public Goods Financed by Distortionary Taxation." This essay models the provision of a local public good that is simultaneously utilized as a public consumption good and a public intermediate good. Since the public good can simultaneously enter both utility and production functions, it is considered a "generalized public good." This is done to model the provision of infrastructure …

Testing Religion: Adjudicating Claims Of Religious Persecution Brought By Iranians In The U.S. And Germany, Holger Sonntag

Case Western Reserve Law Review

No abstract provided.

Stop Repeating History: The Story Of An Amicus Brief And Its Lessons For Engaging In Strategic Advocacy, Coalition Building, And Education, Robert S. Chang, Alice Hsu, Robert A. Johnson, Elizabeth C. Rosen, Sofie Syed

Case Western Reserve Law Review

No abstract provided.

Collaborating Homeless Outreach In Broward County: A Law Enforcement And Social Services Engagement, Edward Rafailovitc

Department of Conflict Resolution Studies Theses and Dissertations

In Broward County, Florida, over 2,600 individuals experience homelessness daily (Broward Regional Health Planning Council, 2015). Both positive and negative publicity have resulted, based on how local governments have addressed the problem using law enforcement. The typical cycle of homelessness often results in arrests for life-sustaining misdemeanor crimes that would be better suited for diversion into social services. A recent phenomenon between law enforcement and social services emerged in Broward County to help problem-solve reducing criminal recidivism of the homeless. The focus of this study was the collaboration in Broward County between law enforcement and social services to improve communication …

Citizen Perceptions Of Institutional Disparities And The Reintegration Of Nonviolent Drug Related Offenders, Terrance Hinton

Walden Dissertations and Doctoral Studies

In 2017, Louisiana had the highest incarceration rate in the nation with 1,420 of every 100,000 adult males being placed in a state or local penitentiary. To address this issue, a series of criminal justice reforms were passed within the Louisiana legislature that released thousands of former offenders back into the community. The purpose of this qualitative study is to understand the attitudes, thoughts, and opinions of citizens in a single Louisiana city regarding ex-offender re-integration and disparities within the criminal justice system. March and Olsen's Rational Choice Institutionalism was used to explain how environment impacts individual perception and choices …

Effects Department Of Justice Investigations Have On Violent Crime And Arrest Rates, D. Scott Hoffman

Walden Dissertations and Doctoral Studies

In 1994 Congress enacted the Violent Crime Control and Law Enforcement Act, which in part gave the Department of Justice, Civil Rights Division (DOJCRD) the power to investigate local law enforcement agencies for Constitutional and civil rights violations. Researchers have found these investigations are expensive, time consuming, and highly intrusive to a law enforcement agency. To understand how these investigations are impacting communities, data were gathered on cities with local law enforcement agencies that have experienced an investigation by the DOJCRD. Using a quasi-experimental, multiple time-series research design with a paired samples t-test, the dependent variables (violent crime and arrest …

Perspectives And Post-Release Experiences Of Convicted African American Women Drug Offenders, Janet Fash

Walden Dissertations and Doctoral Studies

Prisons in the United States are full to capacity because of the revolving doors created by recidivism. African American women comprise a significant proportion of those who return to prison, yet most studies about women and recidivism focus on the experiences of white women. The communities into which formerly incarcerated African American women are released do not make things easier in terms of the potential for reoffending because of the difficult access to good jobs, safe housing, good health care services, and assistance with child cares services. Using Cullen's social support theory as the foundation, the purpose of this general …

Understanding The Perceptions And Decision-Making Behaviors Of First Responders In The Context Of Traumatic Events And Ptsd, Sunday O. Olatunji

Walden Dissertations and Doctoral Studies

Previous researchers have indicated that first responders are in an ever-changing environment, and unfortunately, the prevalence of post-traumatic stress disorder (PTSD) among first responders is increasing. This study sought to better understand first responders' perceptions of emergency preparedness protocols and training, as well as the prevalence of PTSD. This study also examined first responders' thoughts, decision making processes, and protective actions information, communications necessary during situations of emergency preparedness for traumatic events, and how PTSD impacted this process. A sample of 16 first responders of various ages was recruited for the purpose of this study. The participants were made up …

Patterns Within Nine Preattack Phases That Emerged In Israel Suicide Bombing Cases, Aaron Richman

Walden Dissertations and Doctoral Studies

From 2000 to 2013, Israel had the second highest number of deaths from suicide attacks and was on the list of countries that may experience increases in terrorism due to ongoing conflicts. Suicide bombings present highly complex situations for counterterrorism and counterinsurgency professionals. Using Freeman, Tucker, and Merton's framework of 9 preattack phases as the primary theoretical constuct, the purpose of this multiple case study was to explore specific patterns that consistently emerged in the adversary planning process for 6 successful or failed suicide bombing cases in Israel. Secondary, archival data were acquired through a data use agreement with a …

Evidence-Based Strategies And Practices To Manage Veterans' Noncancer Pain: A Systematic Review, Janice D. Ivery

Walden Dissertations and Doctoral Studies

Opioid therapy is widely used to treat veterans with chronic noncancer pain (CNCP) despite evidence indicating patient safety concerns with the treatment. Although there is a place for opioid therapy in chronic pain management, opioids are not recommended as the first line of treatment for CNCP because of the risk for accidental overdose and death. The purpose of this project was to examine alternative practices for managing CNCP through a systematic review of the literature guided by the conceptual model of the Joanna Briggs Institute method for systematic reviews (JBIM-SR). A critical appraisal of the literature was conducted, and data …

The Relationship Between Big Five Personality Traits And Burnout: A Study Among Correctional Personnel, Sharon Maylor

Walden Dissertations and Doctoral Studies

Burnout is a serious work related syndrome that is a result of exposure to chronic work stress. In addition to the consequences of burnout on the individual, the symptoms of burnout can adversely affect the organization, the clients the individual works with and the individual's close family and friends. The literature has focused on the history of burnout and the level of burnout experienced by various high stress occupations; however there has not been extensive research into the role personality traits play in burnout. The main research question of this study was to identify personality traits that are more susceptible …

Attitudes And Effectiveness Of Teachers In Diverse Inclusive Classrooms, Pamela Moore-Mckinley

Walden Dissertations and Doctoral Studies

Students with disabilities who participate in a fully inclusive educational program have failed to meet district or state goals for adequate yearly progress. This student population is explicitly recognized in state and federal accountability systems. The purpose for this study was to determine how certain factors affected the implementation of inclusive services at one school. This study investigated how teachers' attitudes and perceptions toward inclusion, level of education, exposure to people/students with disabilities, level of support, and knowledge of laws governing the education of students with disabilities affected inclusive classrooms. Gardner's theory of multiple intelligences was used as the theoretical …

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous …

Effects Of Occupational Stress On Decision-Making Style In Law Enforcement Officers, Christine M. Crippen

Walden Dissertations and Doctoral Studies

Police officers deal with a variety of stresses from different sources. Organizational stresses have the most effect on police officers, often more than stressful critical incidents. Previous research has indicated that over time, the mundane organizational and operational stresses of the job can result in a variety of effects from psychological to physiological, and this stress can impact police performance and public safety. However, there remains an important gap in the current literature regarding the impact of stress on the decision-making style of police officers. Police officers often make split-second decisions that can affect their life, the public, and other …

Employer Attitudes And Beliefs About Hiring Post Incarcerated Offenders In Mississippi, Ora Starks

Walden Dissertations and Doctoral Studies

Employer Attitudes and Beliefs About Hiring Post-Incarcerated Offenders in Mississippi

by

Ora Starks

MS, Criminal Justice, 1999

BS, Criminal Justice,1994

Dissertation Submitted in Partial Fulfillment

of the Requirements for the Degree of

Doctor of Philosophy

Human Services Program

Criminal Justice Specialization

Walden University

May 2018

With Liberty And Justice For All: An Examination Of The United States' Compliance With Rule Of Law As It Relates To Domestic And International Terrorism, Jonathan William Maze

Browse all Theses and Dissertations

This study examines what factors contribute to United States' compliance with rule of law in response to terrorism. A qualitative analysis utilizing a comparative case study approach to examine the Clinton, Bush, and Obama administrations' response to domestic and international terrorism. This study tests what impact the location of terrorist attacks, nationality of terrorist actors, and presidential ideology have upon rule of law compliance. Results from this study illustrate the causal relationship between rule of law compliance and presidential ideology, while taking into account the impact of the terrorist attack on September 11, 2001.

Implementation Plan For The Maggie Walker Community Land Trust To Operate As A Land Bank, Matthew J. Becker

Master of Urban and Regional Planning Capstone Projects

The purpose of this plan is to provide an implementation framework for The Maggie Walker Community Land Trust (MWCLT) to utilize as it establishes its land banking operations. Through land banking, the MWCLT has an opportunity to address three interconnected issues in Richmond; a lack of affordable housing, a concentration of disadvantaged neighborhoods, and extensive tax delinquency. Currently 44% of all households in Richmond are cost burdened, and the majority of these cost burdened households, 92% of them, are low income households. The vast majority of these cost burdened, low-income households are located within Richmond’s disadvantaged neighborhoods. Richmond suffers from …

"When They Enter, We All Enter": Opening The Door To Intersectional Discrimination Claims Based On Race And Disability, Alice Abrokwa

Michigan Journal of Race and Law

This Article explores the intersection of race and disability in the context of employment discrimination, arguing that people of color with disabilities can and should obtain more robust relief for their harms by asserting intersectional discrimination claims. Professor Kimberlé Crenshaw first articulated the intersectionality framework by explaining that Black women can experience a form of discrimination distinct from that experienced by White women or Black men, that is, they may face discrimination as Black women due to the intersection of their race and gender. Likewise, people of color with disabilities can experience discrimination distinct from that felt by people of …

Analyzing The Life-Cycle Of Unstable Slopes Using Applied Remote Sensing Within An Asset Management Framework, El Hachemi Y. Bouali

Dissertations, Master's Theses and Master's Reports

An asset management framework provides a methodology for monitoring and maintaining assets, which include anthropogenic infrastructure (e.g., dams, embankments, and retaining structures) and natural geological features (e.g., soil and rock slopes). It is imperative that these assets operate efficiently, effectively, safely, and at a high standard since many assets are located along transportation corridors (highways, railways, and waterways) and can cause severe damage if compromised. Assets built on or around regions prone to natural hazards are at an increased risk of deterioration and failure. The objective of this study is to utilize remote sensing techniques such as InSAR, LiDAR, and …

The Long March Toward Abolition: From The Enlightment To The United Nations And The Death Penalty's Slow Demise, John D. Bessler

University of Florida Journal of Law & Public Policy

No abstract provided.