Digital Commons Network^™

Misrepresentations In Labor Trafficking: State Laws As An Alternative Theory Of Liability For Recruiters, Hannah Garvin

Georgia State University Law Review

When addressing labor trafficking of migrants, the focus is typically on prosecuting the traffickers directly involved in obtaining a victim’s labor, but traffickers cannot exploit labor without victims. Research has shown that recruiters, both those intending to provide labor traffickers with victims and those who have no knowledge of the subsequent exploitation perpetrated by the supposed employer, often misrepresent job opportunities to migrants. Both types of recruiters profit off of the exploitation of migrants and ultimately continue to propagate labor trafficking. To effectively deter trafficker-recruiters and ensure independent recruiters are acting ethically, an all-encompassing method of accountability needs to be …

Police Chases And Pit Maneuvers: Examining The Role Of Officer Conduct In Pursuit-Related Felony Murder Convictions, Margaret L. R. Dubose

Georgia State University Law Review

The United States Supreme Court has described a police officer's decision to terminate a high-speed car chase by making physical contact with the fleeing vehicle as a "choice between two evils." Indeed, while many speed-related deaths occur on Georgia's roadways without the involvement of law enforcement, deaths also transpire when officers choose to make such contact through Precision Intervention Technique (PIT) maneuvers.

In 2015, a Georgia jury found a driver guilty of committing felony murder—a conviction which carries with it a life sentence. The victim, a passenger in the driver's speeding car, died after a law enforcement officer performed a …

Missing The Mark: How Miranda Fails To Consider A Minor's Mind, Julia Feron

Hofstra Law Review

The article focuses on the inadequacies of the Miranda rights protections for minors during custodial interrogations. It highlights how current practices, such as deceptive interrogation techniques, disproportionately affect minors who often lack the capacity to fully understand or voluntarily waive their rights. It underscores the need for legal reforms, such as mandating attorney consultation for minors before waiving their rights.

Bringing The Firepower: Examining Muzzle Energy And Caliber Of Ammunition In The Context Of Mass Shootings, Cody Jorgensen, Benjamin P. Comer

Criminal Justice Faculty Publications and Presentations

Prior research focusing on mass shootings in the US has established the significant role of weapons in these events. Despite the extensive literature on the topic, minimal consideration has been given to the specific muzzle energy and caliber of ammunition used in these events and whether these factors influence the outcome of these shooting incidents. The current study examined the effect of muzzle energy and caliber of ammunition on the number of victims killed and injured in mass shootings. Analysis of The Violence Project (Version 6) mass shooting dataset indicated that the muzzle energy of the ammunition used in a …

Fourteen Going On Forty: Challenging Sex Offender Registration For Juveniles Under The Fourteenth Amendment Equal Protection Clause, Emily Baker

William & Mary Bill of Rights Journal

Part I of this Note reviews the historical background leading to the development of sex offender registration laws and examines relevant Supreme Court precedent. Part II analyzes the principles of juvenile justice, the application of juvenile sex offender registration policies, and the collateral consequences of youth sex offender registration. Part III argues that registered juvenile offenders should be considered a quasi-suspect class and thus receive intermediate scrutiny in equal protection analysis, and challenges the constitutionality of juvenile sex offender registries, particularly the South Carolina statutory scheme. Part IV examines the turning legal tide against juvenile registration through the recent Model …

Gendered Perceptions And Socio-Economic And Spatial Determinants Of Fear Of Crime: An Empirical Analysis In Szczecin, Poland, Natalia Sypion, Arkadiusz Kołodziej, Michael Leitner, Marek Dutkowski

Faculty Publications

The study of the fear of crime phenomenon provides a socially and politically important research question. Many studies show that gender differentiates the fear of crime, which is why we examine this phenomenon in a spatial perspective. The female versus male perspective of feelings of safety in residential areas were significantly different. The research was carried out using the CAWI technique in the city of Szczecin, in Poland (n=346). The research also examined which factors influenced the fear of crime the most: darkness, socio-economic characteristics, type of violations, number of registered crimes, or the assessment of police work. The research …

Bridging Language Education Fields: An Interview With Kim Potowski, Paula Garrett-Rucks, Jason A. Kemp

Dimensions

At the beginning of the year (2024), interviewers Jason Kemp and Paula Garrett- Rucks had the pleasure of meeting with Kim Potowski over Zoom in a video- recorded, semi-structured interview to discuss Language Education. Transcripts from the recording were slightly edited and organized in the following question and response structure

Dimensions Volume 59 - Full Issue, Paula Garrett-Rucks, Jason A. Kemp

Dimensions

SCOLT Dimensions Volume 59

Problem-Solving Courts And The Outcome Oversight Gap, Erin R. Collins

UMKC Law Review

The creation of a specialized, “problem-solving” court is a ubiquitous response to the issues that plague our criminal legal system. The courts promise to address the factors believed to lead to repeated interactions with the system, such as addiction or mental illness, thereby reducing recidivism and saving money. And they do so effectively – at least according to their many proponents, who celebrate them as an example of a successful “evidence-based,” data-driven reform. But the actual data on their efficacy is underwhelming, inconclusive, or altogether lacking. So why do they persist?

This Article seeks to answer that question by scrutinizing …

The Model Law Enforcement Officer And Other First Responder's Deflection Act: A National Blueprint For Creating Successful Deflection Programs Across The Country, Marc Consalo

UMKC Law Review

The idea of finding alternatives to the traditional approach of arresting, prosecuting, and punishing an individual for criminal behavior in the hopes it will deter future illegal conduct is not new. In 1947, the Judicial Conference of the United States met to make recommendations for the first diversion programs focusing on youthful offenders. Approximately fifteen years later, states began to explore diversion as an option for some adult lawbreakers.

The birth of diversion generated a novel approach to addressing criminal activity. However, before any individual could participate in a diversion program, law enforcement arrested the person which imposed a host …

Building A Successful Team In A Problem-Solving Court: The Western District Of Missouri Model, Carie Allen, Stephen R. Bough, Lajuana Counts, Arthur Diaz, Jeffrey Mccarther, Katie Meister, James Parker

UMKC Law Review

Problem-solving courts work. We know that reentry programs and intensive supervision programs like drug courts are effective alternatives to incarceration that reduce recidivism. For example, the United States District Court for the Western District of Missouri's Reentry Court has an 85.7% success rate for graduates, meaning they complete their term of supervised release without any new charges. A reduction of recidivism means hefty savings of tax-payer dollars. More importantly, successful problem-solving courts mean people engage in their communities, raise families, work productive jobs, and pay taxes.

Courts and legislators and executive branches around the country are increasingly turning to problem …

Kansas City Municipal Court's Domestic Violence Court Programming, Courtney A. Wachal, Gerald Sorensen, Jenna Phelps, Nephateri Hill

UMKC Law Review

The Kansas City Municipal Domestic Violence Court identifies cases as domestic violence if they involve intimate partner violence, violations of protective order, interfamily violence, or cases where there is a child witness. This court manages a large caseload of domestic violence violations that vary widely in the severity of the charges and the levels of violence.

The Kansas City Municipal Domestic Violence Court has prioritized their probation resources by focusing services on those cases that are most in need of supervision and on those cases most likely to be receptive to services. This article will discuss The Compliance Docket and …

Protecting Children's Access To A Sound Basic Education In The Age Of Political Polarization, A Comment On Goodwin Liu And Kristine Bowman's Essays On Children's Education In The Restatement, Emily Buss

University of Chicago Law Review

Justice Goodwin Liu and Professor Kristine Bowman have taken two very different approaches in their essays commenting on the Restatement’s¹ coverage of the law governing children’s education. In Some Thoughts on a Developmental Approach to a Sound Basic Education,² Justice Liu focuses near exclusively on the Restatement’s articulation of the core educational standard, the “sound basic education,” and presses for an expanded application of that standard to children from birth through young adulthood.³ In The New Parents’ Rights Movement, Education, and Equality,⁴ Bowman addresses the entire structure of the educational provisions of the Restatement, which straddle …

Adolescents In The Justice System: A Progress Report On The Restatement Of Children And The Law, Richard J. Bonnie

University of Chicago Law Review

Professor Elizabeth Scott, the chief reporter of the American Law Institute’s (ALI) Restatement of Children and the Law,¹ has often observed that the nation’s widespread commitment to juvenile justice reform in the twenty-first century should be grounded in two premises: (1) the laws and practices of the juvenile justice system must be grounded in and guided by evolving knowledge about adolescent development; and (2) youth-serving institutions, including the justice system, must collaborate to erase substantial racial disparities in intervention, discipline, and punishment.² This Symposium will explore the current draft of the Restatement of Children and the Law with …

Dobbs, Bruen, And Domestic Violence: Fewer Abortions, More Guns, And The Effects Of Both On Survivors Of Intimate Partner Violence, Gemma Donofrio

North Carolina Law Review

No abstract provided.

Charging Abortion, Milan Markovic

Faculty Scholarship

As long as Roe v. Wade remained good law, prosecutors could largely avoid the question of abortion. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has now placed prosecutors at the forefront of the abortion wars. Some chief prosecutors in antiabortion states have pledged to not enforce antiabortion laws, whereas others are targeting even out-of-state providers. This post-Dobbs reality, wherein the ability to obtain an abortion depends not only on the politics of one’s state but also the policies of one’s local district attorney, has received minimal scrutiny from legal scholars.

Prosecutors have broad charging discretion, …

Outcome Reasons And Process Reasons In Normative Constitutional Theory, Lawrence B. Solum

Faculty Scholarship

Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make some arguments that seem clearly fallacious and advance proposals that are pie in the sky. One of the reasons for the mess is an overreliance by constitutional theorists on “outcome reasons,” justifications that rely on the theorist’s beliefs about what outcomes are good and what outcomes are bad. This outcome-drive approach is exemplified by the so-called “canonical cases” argument, which evaluates positions in normative constitutional theory on the basis of its counterfactual implications for a handful of prior decisions of the Supreme Court. …

Judicial Discipline Through The Prism Of Public Law Values: A Contextual Analysis Of Bill C-9, An Act To Reform The Judges Act, Richard Devlin, Sheila Wildeman

Articles, Book Chapters, & Popular Press

Bill C-9 is the first significant legislative reform to the Judges Act in five decades. The goal of the legislation is to enhance public confidence in the administration of justice by modernizing the complaints and discipline regime for federally appointed judges. This essay is a contextual analysis of Bill C-9. The authors begin by outlining a conceptual framework which identifies eight public law goods that can guide an assessment of a complaints and discipline system. They then locate Bill C-9 in a historical context by identifying a crisis of legitimacy that had overtaken the Canadian Judicial Council by the early …

Black Girls Youth Participatory Action Research & Pedagogies, Kimberlé W. Crenshaw, Venus E. Evans-Winters

Faculty Scholarship

More than a decade ago, as a group of anti-racist and feminist researchers, including one of the authors, set out to survey the landscape of the schooling experiences of Black girls, we encountered a pronounced knowledge desert that threatened research-informed policy interventions that served to protect Black girls. Most research at the time focused on the educational experiences of male, female, or Black students. There was hardly any readily available data on the school-based outcomes of Black girls as a specific group of students with a unique set of experiences. In Black Girls Matter: Pushed Out, Overpoliced, & Underprotected (Crenshaw, …

Early Life Experiences As Later Life Predictors For Criminality: Examination Of Public Criminal Records., Juliana S. Bastien

College of Arts & Sciences Senior Theses

Crime's detrimental impact on society, victims, families, and the justice system is undeniable. Thus, identifying factors that contribute to the perpetration of crime is essential to reduce the public health impact of crime. Adverse Childhood Experiences (ACEs) are frequently found in community samples and are consistently associated with physical, psychological, and behavioral consequences. Research suggests that negative childhood experiences contribute to maladaptive behaviors, including delinquency and perpetration of crime later in life (Perez et al., 2018). The present study's purpose is to identify specific childhood experiences associated with criminality. The data presented on criminality and ACEs was collected from recruited …

Legislative Civility, Gridlock, Polarization, And Productivity, William D. Schreckhise, John C. Pierce, Francis A. Benjamin, Nicholas P. Lovrich, Eric D. Button

Political Science Faculty Publications and Presentations

This article examines the relationship between legislative civility and legislative productivity in US state legislatures. The research employs data from the National Survey of State Legislative Lobbyists and from the State Policy Innovation and Diffusion (SPID) database. The former dataset is used to generate an overall civility index for each state as developed by Kettler et al. The SPID database allows one to measure the legislative productivity of a state legislature. Employing these data, negative binomial and Poisson regression models reveal that state legislatures rated as more civil by their own lobbyists produced significantly more pieces of noteworthy legislation than …

Minutes, March 2024, University Of Dayton. College Of Arts And Sciences

Documents of the College of Arts and Sciences Academic Affairs Committee

Minutes from organizational meeting for Academic Affairs Committee

The Interpersonal Effects Of Emotional Expressions With Both And Single Valences On Work-Related Satisfaction: An Examination Of Emotions And Perceived Openness As Mediators, Ming-Hong Tsai

Research Collection School of Social Sciences

Work-related satisfaction has critical benefits. To predict work-related satisfaction, we investigated how a counterpart’s expressions of emotional complexity (both positive and negative emotions), positive emotions, and negative emotions influenced a perceiver’s work-related satisfaction during discussions over different work-relevant ideas. We conducted a three-wave coworker survey (N = 529) and an experiment with a confederate as a task partner (N = 378). The results consistently showed significant positive impacts of a counterpart’s emotional complexity and positive emotion expressions on a perceiver’s work-related satisfaction by enhancing the perceiver’s positive emotions and evaluation of the counterpart’s openness. Conversely, a counterpart’s negative emotion expression …

Asymmetry Of Representation In Poor People’S Courts, Tonya L. Brito, Daniela Campos Ugaz

Fordham Law Review

This Essay examines the asymmetry of representation in poor people’s courts, specifically in child support enforcement cases involving the State. The asymmetry of representation is a common occurrence in various civil law fields, but it is notably prominent in family law, which has the highest number of unrepresented parties. As one of the authors has previously explained, we use “poor people’s courts” to refer to state civil courts that hear family, housing, administrative, and consumer cases. These courts present severe challenges to the civil justice system because they are characterized by a substantial volume of cases, socioeconomically disadvantaged litigants, and …

Should State Trial Courts Become Laboratories Of Upl Reform?, Bruce A. Green

Fordham Law Review

There is a growing “access to justice” movement that is principally driven by lawyers and judges. It has multiple objectives. One such objective is to make state court proceedings fairer, more reliable, and more accessible. This is important because state courts have a significant impact on peoples’ lives. They are where family members lose custody of children, where property owners obtain permission to evict tenants, where creditors are empowered to repossess people’s cars or garnish their wages, and (in some jurisdictions) where judges send people to jail to compel them to pay judgments or fees that they cannot afford to …

Threading A Decolonial Feminist Response To Covid-19: One Community Psychologist's Reflection On The Assemblages Of Violence, Jesica S. Fernandez

Ethnic Studies

To challenge and interrogate the assemblages of violence produced by racial capitalism, and exacerbated by the COVID-19 pandemic, community psychologists must engage in a transdisciplinary critical ethically reflexive practice. In this reflexive essay, or first-person account, I offer a decolonial feminist response to COVID-19 that draws strength from the writings of three women of Color decolonial and postcolonial feminist thinkers: Gloria E. Anzaldúa, Sylvia Wynter, and Arundhati Roy. Through their writings I share my reflections on the sociopolitical moment associated with COVID-19. Of importance, I argue in support of engaging a decolonial feminist standpoint to understand the inequitable and dehumanizing …

Prior Racist Acts And The Character Evidence Ban In Hate Crime Prosecutions, Paul F. Rothstein, Ronald J. Coleman

Georgetown Law Faculty Publications and Other Works

The killing of unarmed African-American Ahmaud Arbery and others ignited a wave of public outrage and re-focused attention on race and the criminal justice system. During the recent federal hate crimes proceedings for Arbery’s death, the prosecution introduced evidence relating to the alleged past racist acts of the defendants. This type of evidence may be seen as highly probative and desperately needed to do justice in hate crimes cases. On its face, however, such type of evidence appears to be inadmissible owing to the well-known—but little understood— evidentiary ban on character evidence prescribed in Federal Rule of Evidence 404(b) and …

Equity Of Overdose Education And Naloxone Distribution Provided In The Kentucky Healing Communities Study, Douglas R. Oyler, Hannah K. Knudsen, Carrie B. Oser, Sharon L. Walsh, Monica Roberts, Shawn R. Nigam, Philip M. Westgate, Patricia R. Freeman

Biostatistics Faculty Publications

Background: Opioid overdoses differentially affect demographic groups. Strategies to reduce overdose deaths, specifically overdose education and naloxone distribution (OEND), are not consistently delivered equitably. Methods: The HEALing Communities Study^SM (HCS) is a cluster-randomized trial designed to implement evidence-based practices, including OEND, to reduce overdose deaths across communities. Individuals receiving OEND in eight Kentucky counties between January 2020 and June 2022 provided demographics and overdose history. Recipient characteristics were compared to opioid overdose decedent characteristics to evaluate whether OEND was equitably delivered to the target population. Recipient characteristics were also analyzed based on whether OEND was delivered in criminal justice, …

Mercer Law School’S Legacy Of Service To The Profession, Franklin T. Gaddy, Siena Berrios Gaddy, Thomas Alec Chappell, E. Tate Crymes

Mercer Law Review

Hon. William Augustus Bootle, a 1925 graduate of Mercer Law School and 1924 graduate of Mercer University, penned of his alma mater, “[the] school was conceived in professionalism and dedicated to excellence.” Similarly, “Altruism, not the promotion of selfish aims, has been the inspiration of the [Georgia Bar] Association throughout its entire history.” As noted by Judge Bootle, Mercer Law School’s legacy of service to the profession began long before the establishment of the State Bar of Georgia as we know it today.

Today, Mercer Law School remains dedicated to serving the legal profession. This commitment to serve and devote …

Audience Response To Covid Monologues: Research-Based Theater On The Societal Impact Of Covid-19, Emily A. Hurley, Saraniya Tharmarajah, Genevieve De Mahy, Jess Rassp, Joe Salvatore, Jonathan P. Jones, Steven A. Harvey

Manuscripts, Articles, Book Chapters and Other Papers

PURPOSE: Research-based theater uses drama to communicate research findings to audiences beyond those that typically read peer-reviewed journals. We applied research-based theater to translate qualitative research findings on the impact of the COVID-19 pandemic on different segments of U.S. society.

APPROACH: Theater artists and public health researchers collaborated to create a collection of eight monologues from systematically sourced, peer-reviewed publications. Following three virtual performances in Spring, 2021, audience members were invited to complete a survey.

SETTING/PARTICIPANTS: Audience survey respondents (n = 120) were mostly U.S.-based and were diverse in terms of age, race/ethnicity, gender, profession, and experience attending theater.

METHOD: …