Digital Commons Network^™

Inside The Black Box Of Prosecutor Discretion, Megan S. Wright, Shima Baradaran Baughman, Christopher Robertson

Faculty Scholarship

In their charging and bargaining decisions, prosecutors have unparalleled and nearly-unchecked discretion that leads to incarceration or freedom for millions of Americans each year. More than courts, legislators, or any other justice system player, in the aggregate prosecutors’ choices are the key drivers of outcomes, whether the rates of mass incarceration or the degree of racial disparities in justice. To date, there is precious little empirical research on how prosecutors exercise their breathtaking discretion. We do not know whether they consistently charge like cases alike or whether crime is in the eye of the beholder. We do not know what …

Informed By Joy: A Christian Librarian's Reflection On C.S. Lewis, David H. Michels

Articles, Book Chapters, & Popular Press

In Surprised by Joy C. S. Lewis offers us his account of his conversion to Christianity. Using his experiences of joy as “signposts,” he leads us through his early life up to his conversion at age thirty-one. I reflect on Lewis’s account as a librarian, researcher, and fellow Christian, considering his information world and the people who aided and hindered him on his faith journey. I conclude with some thoughts on his and my own conversion, as both unique yet shared experiences within the Christian tradition.

"Real joy seems to me almost as unlike security or prosperity as it is …

Doing Business Guidance, Legal Origins Theory, And The Politics Of Governance By Knowledge, Liam Mchugh-Russell

Articles, Book Chapters, & Popular Press

This article uses the World Bank’s Doing Business project to illuminate the politics of “governance by knowledge.” It synthesizes scholarship critiquing the project’s legitimacy and contributes to research challenging the instrumental benefits of improved Doing Business performance. The article’s major contribution is an immanent critique of Legal Origins Theory, which was developed largely to provide ex post validation for the project’s core claims, but whose premises, when taken seriously, lead to conclusions that contradict its “one-size-fits-all” logic. The article demonstrates much can be learned about the politics of development by engaging rationalizations of power on their own terms.

The Legal Regulation Of Sadomasochism And The So-Called “Rough Sex Defence”, Elaine Craig

Articles, Book Chapters, & Popular Press

The focus of this article is on the judicial application of Canada’s sexual assault doctrine in the context of the so called ‘rough sex defence’. Canadian criminal courts have seen an increased prevalence of legal narratives about S/M in recent years. In particular, courts are increasingly confronted with individuals who defend themselves against allegations of sexual assault by claiming that the impugned acts constituted consensual S/M or ‘rough sex’. The analysis is aimed at illustrating the way in which courts may fail to properly apply legal doctrine because of a problematic approach to the S/M context in which allegations arose. …

Addressing Climate Impacts In Alaska Native Tribes: Legal Barriers For Community Relocation Due To Thawing Permafrost And Coastal Erosion, Lara Fowler, Ekrem Korkut, Kathleen E. Halvorsen, David Holen, E. Lance Howe, Guangqing Chi

Faculty Scholarship

Rural communities is Alaska—predominantly Alaska Native Tribes—are at the forefront of climate change impacts and climate justice concerns in the United States. According to the 2019 Alaska statewide threat assessment report, 29 communities are currently experiencing significant climate change-related erosion. Further, 38 communities faces significant flooding, and 35 have major problems with thawing permafrost. Some Alaska Native communities have explored community relocation to adapt to these impacts. Because federal law does not recognize gradual environmental impacts like thawing permafrost and coastal erosion as disasters, these communities are ineligible for disaster funding and struggling with how to adapt to the very …

The Visibility Trap, Kate Redburn

Faculty Scholarship

Vice Patrol offers a novel history of the visibility trap. It integrates interventions in legal history, history of sexuality, and queer theory with remarkable ease. Lvovsky brings new insight to a question that has puzzled scholars across several fields: Why and how does cultural representation lead to increased state repression? Blending impressive archival research with sophisticated theoretical analysis, Lvovsky follows cultural knowledge into the legal system to offer a fresh diagnosis of the problem and how it develops. In her discovery of “epistemic gaps,” she uncovers a key mechanism of the visibility trap. Disagreements between the police and the courts, …

The Liberatory Potential Of Fashion, David Billie Suoth

Honors Theses and Capstones

Fashion has the potential to be liberatory and this can be seen in the ways fashion has been targeted by systems of oppression. Fashion is the use of clothes as a vessel to create a greater social meaning. According to Edward Sapir, the meaning of fashion “while it is primarily applied to dress and the exhibition of the human body is not essentially concerned with the fact of dress or ornament, but with its symbolism” (Barnard, 2007, p. 65). Fashion with the symbolism behind it is able to show the sentiments and attitudes of civilization at different points in history …

Possibilidades De Uma História Pragmática Do Político, William J. Novak, Stephen W. Sawyer

Articles

This essay is an initial attempt to posit a method which has slowly taken shape through our individual and collaborative investigations into the history of democracy in the United States and France. Our overall approach builds on a number of diverse methodological influences, but in this particular essay we highlight just two of the most influential precedents for our work: first, the pragmatic-hermeneutical approach most explicitly outlined by James T. Kloppenberg in his “Thinking Historically : A Manifesto of Pragmatic Hermeneutics” and second, Pierre Rosanvallon's methodological essays on the theme of “Une histoire conceptuelle du politique,” ​​which he launched with …

’Make It More Fun’: Residence Life Employees’ Insights On Hosting And Advertising Outreach Programs For Undergraduate Students, Kristen S. Shuyler

Faculty Scholarship

What can library workers learn about student-centered programming and outreach from student employees who design, advertise, and lead programs for college students as part of their employment in a student housing or residence life department? This study draws on cognitive work analysis to understand how employees of the Office of Residence Life (ORL) at a public research university host outreach programs for students. Fourteen interviews were conducted and analyzed to ascertain the definition and purpose of RA-led programming, challenges in this work, and strategies for overcoming challenges. Findings indicate that as these student employees do their programming work, they build …

A Nationally Representative Dataset Of 1,549 Americans Aged 18 To 94 On Interest In, Experience With, And Barriers To Cogeneration, Defined As Working With Older And Younger People For Social Good, Cal J. Halvorsen, Bruce Kelley, Jim Emerman, Stefanie Weiss, David Gleicher, Jacob Stolmeier, Mark Lush

Harvey A. Friedman Center for Aging

This dataset focuses on Americans’ interest in, experience with, and perceived barriers to working with members of other generations to improve the world around them. It includes responses from a March 2022 survey of 1,549 people between the ages of 18 and 94 who lived in the U.S. using the NORC at the University of Chicago AmeriSpeak® Panel. To increase the representativeness of the sample, the survey was offered both online and by phone. The sample is drawn from a probability-based panel designed to be representative of the U.S. household population. Questions focused on respondents’ efforts (paid or volunteer) to …

The Regulatabilization Of Cannabis, Donald J. Kochan

Fordham Urban Law Journal

No abstract provided.

More Than Merit: Reframing The Debate Over Examination-Based Admissions In Public Schools, Aaron Saiger

Fordham Urban Law Journal

No abstract provided.

The Nature And Value Of Public Space (With Some Lessons From The Pandemic), Christopher Essert

Fordham Urban Law Journal

No abstract provided.

Expert Testimony On False Confessions: An Old Psychological Problem With New Challenges In New York Courts, Alysia Lo

Fordham Urban Law Journal

No abstract provided.

Personal Intelligence And Student Employees, Miah Munro

Honors Theses and Capstones

Personal intelligence involves the capacity of individuals to accurately reason about personality and personality-related information that is related to themselves and others (Mayer, 2008). One setting that may particularly benefit from research on personal intelligence is the workplace. To understand employees’ logic, Peters and colleagues (2021) employed a narrative evaluation tool adapted from Allen (2017) to assess the perceived sophistication employees’ use to describe an interaction they had with a difficult or challenging coworker. They found that judges could reliably detect variations in the sophistication employees used, and that it was related, r = .43, p < .001, to a measure of personal intelligence. Their results were intriguing, but more confidence regarding their findings could be added through replication and extension of the work. Previous findings were replicated, which makes for a more compelling case that personal intelligence is detectable in employees and is related to what we think of as personal intelligence. Understanding personal intelligence in the workplace can enhance the capabilities of the human resource professionals to select personnel, which will ultimately improve their hiring process.

Narratives About The Role Of Recreation, Place Attachment, And Community Attachment And Their Effects On Youth Future Orientation In New Hampshire, Hannah Joy Falcone

Honors Theses and Capstones

No abstract provided.

The Reign Of Constitutional Positivism: Revolution Reconceived In The New Constitutional Age, Ming-Sung Kuo

Constitutional Commentary, Vol. 37 and later (2023–present)

No abstract provided.

Rejecting And Restricting Smart Home Technology, David Wright, Daniel Burton Shank

English and Technical Communication Faculty Research & Creative Works

Interest in and ownership of smart home voice assistants like Amazon Alexa and Google Home devices have exponentially increased in recent years. Many people may purchase or be gifted such devices without knowing their potential for connecting with other home technology, listening to private conversations, sharing information with companies, and creating problems due to misunderstanding vocal commands or technological capabilities. Concerns and worries about these devices may be exacerbated over time or by a specific incident. To understand reactions to such situations, we conducted semi-structured in-depth interviews with ten people who reported different types of worrying incidents with a range …

The Impact Of Covid-19 Precautions On Teachers' Preparation Programs In Kuwait, Nour Alshammari

Electronic Theses and Dissertations, 2020-2023

COVID-19 has changed the world we know, especially our educational system. This study explores the impact of schools' lockdown during COVID-19 on teachers' preparation programs in Kuwait. This qualitative research explores the adjustments that higher education institutes in Kuwait adopted to fulfill their teachers' preparation programs. Two public higher education institutes were the focus of this study by investigating the available syllabi and curricula of their teachers' preparation programs. The reviewed data revealed in-school learning stopped as institutions adhered to the government's closure directive. This study also revealed that higher learning institutions introduced changes to their training curriculum to prepare …

Undergraduate Bulletin, 2022-2023, Minnesota State University Moorhead

Undergraduate Bulletins (Catalogs)

No abstract provided.

Actualization Through Constraint: An Analysis Of Hegelian Self- Consciousness In Fascism- Exclusionary Expression And In Modular Orchestral Composition, Marisa Kaye Janke

2022 Symposium

How does a conscious entity become aware of itself and its place in the world? According to German Idealist Philosopher G.F.W. Hegel, there are required conditions that facilitate this movement of awareness. Recognition serves as a central requirement, for a consciousness cannot progress in an isolated space. Coexistence allows for referential points, and is often necessary for the actualization of concepts by providing social interactions wherein recognition both of and by others can occur.

This paper illustrates the progression of two such concepts, discourse and musical composition as forms of freedom “in-itself”. They are both imperfect for the promotion of …

“It Was Just My Name!”: A Crt/Crf Analysis Of International Female Graduate Students’ Perception And Experiences Regarding Their Ethnic Name, Peiwen Wang, Xiaoyan Gu, Amanda R. Morales

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Although international female students accounted for 44% of the enrolled international students in the United States (U.S. Department of Homeland Security’s Student and Exchange Visitor Information System, 2020), their experiences regarding their ethnic name are relatively understudied in onomastic literature. This study considers the experiences of eight international female graduate students of Color who are studying at a Midwestern predominantly White university. Utilizing Critical Race Theory (CRT) and Critical Race Feminism (CRF) as the theoretical and analytical lenses, this qualitative phenomenological study collected data through semi-structured, in-depth interviews. We explore the meaning of ethnic names and their connection to participants’ …

Military Leadership By Intellectual Officers: A Case Study Of The Idf, Haim Yogev, Ronen A. Cohen, Eyal Lewin

Journal of Strategic Security

Morris Janowitz believed that for an army to be victorious it needs to be led by as many intellectual forces as possible, just as any organization needs organizational intellectualism to prosper. It is agreed in scholarly literature that the intellectual must author various articles and manifestos to express their viewpoints, mindset, and philosophy in the public sphere. Based on Janowitz’s belief and using the Israeli Defense Forces (IDF) as a case study, this research offers a model for a generic research methodology that can be practiced elsewhere. The mission was to find the extent to which the higher echelons of …

"Justice On The Brink" And The Rule Of Law, Linda Greenhouse

University of Dayton Law Review

Keynote address of the 29th annual Dayton Bench-Bar Conference, November 5, 2021.

Front Matter, Volume 47, Number 1, University Of Dayton

University of Dayton Law Review

Table of contents, masthead, general information

The Roberts Court And Class Litigation: Revolution, Evolution, And Work To Be Done, Richard D. Freer

Faculty Articles

Since 2005, when John Roberts was appointed Chief Justice, there have been startling changes to the world of class actions. Jurisdictionally, the Class Action Fairness Act of 2005 fundamentally reconfigured the allocation of class litigation between federal and state courts. Federal Rule of Civil Procedure 23, the federal class action provision, has been amended three times in the Roberts years, once in a meaningful way. Our focus, however, is on what the Roberts Court has done in the class action world through its caselaw. On that score, we have a remarkable corpus. From Shady Grove Orthopedic Associates, P.A. v. …

Equality Offshore, Martin W. Sybblis

Faculty Articles

Global governance architecture, crafted by wealthy nations, has perpetuated the subordination of developing jurisdictions. The Article offers a novel and surprising analysis of governance tools used by wealthy countries and inter-governmental organizations to constrain offshore financial centers (OFCs) by focusing on the tools’ disparate impacts on tax havens whose populations comprise predominantly Black and Brown people. With tax haven issues garnering increasing attention, this Article provides a pathbreaking conceptual framework for examining the international tax, crime, and business discourse on OFCs. It also illuminates how the actions of powerful international actors, such as the Organization for Economic Cooperation and Development …

Design Power And Potential Future Of Global Organization Of Life, A. Fuat Firat

Marketing Faculty Publications

In this essay I propose a definition of design to address its potential role in largely determining power relations in the future. Some foundational discussion of wealth, culturally constructed differently in different historical times, trends of corporatization in the contemporary world, and the birth of control society is presented to help understand the possibilities and difficulties of building future organizations of life. I invite discussions and dialogues to widen and deepen the concept of design power.

Sweet Old-Fashioned Notions: Legal Engagement With Anthropological Scholarship, Deepa Das Acevedo

Faculty Articles

The study of law, we are told often and generally with approval, has become a potluck to which everyone is invited. Over there stand the historians bearing their retrospectively informed insights; across from them are the experimental psychologists hoisting their pleasingly social-scientific brew; in the corner lurk philosophers chatting calmly over some first principles. The center of the room is quite naturally taken up by the economists, laughing exuberantly over their spread of nifty models, intimidating formulae, and soothing predictions. In the midst of this lively affair, circulating among the invitees like a dutiful host, rejecting nothing, sampling everything, and …

"With All The Majesty Of The Law": Systemic Racism, Punitive Sentiment, And Equal Protection, Darren L. Hutchinson

Faculty Articles

United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks, both through explicit discrimination and facially neutral policies. Similar practices maintained racial hierarchy with respect to White, Latinx, and Asian-American populations in the western United States. While most state action no longer explicitly discriminates on the basis of race, anticrime policy remains a powerful instrument of racial subordination. Indeed, social …