Digital Commons Network^™

The Perilous Focus Shift From The Rule Of Law To Appellate Efficiency, Elizabeth Lee Thompson

Faculty Journal Articles and Book Chapters

Among the most significant—and by some estimations the most controversial—transformations of the federal appellate system occurred in the late 1960s and 1970s with effects still felt today: the shift from oral argument for all appeals and the view that study and disposition of each appeal were exclusively judicial tasks to the adoption of a tiered appellate system where the great majority of appeals receive no oral argument and instead summary disposition often involving staff attorneys. These transformative internal efficiency procedures have been subject to intense debate. Proponents have praised their efficiency and ability to avoid a backlog while critics complain …

Twins At Bat(Son), Strikes Are Out: Minnesota’S Opportunity To Restore Batson V. Kentucky By Eliminating Peremptory Strikes, Samuel Buisman

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Prosecutorial Independence Lost: How Prosecutorial Bureaucracy Is Politicized In South Korea, Neil Chisholm

Emory International Law Review

How is prosecutorial independence lost? How does a prosecution system’s design affect its political independence? This Article analyzes the inner workings of South Korea’s Prosecutors’ Office, which adheres to the Continental European style of prosecutorial organization and independence that emphasizes mechanisms of bureaucratic accountability for prosecutors. Based on interviews with prosecutors, police, judges, lawyers, scholars, and activists, it shows how independence is lost in three key areas of prosecutorial activity: personnel policy, investigations, and charging decisions. This article argues that aspects of the Continental tradition make prosecutors vulnerable to politicization.

Personnel policy has selected prosecutors meritocratically at young ages, trained …

Privatization And Flawed Punishment: An Economic Analysis And Critique Of Private Prisons In The United States And United Kingdom, Gabriella A. Badmus

Northwestern Journal of International Law & Business

No abstract provided.

The Impact School Discipline Policies Have On Disabled, Minoritized Students’ Drop Out Rates, Christopher B. Langley

Graduate Thesis and Dissertation 2023-2024

Despite progress in recent years, the K–12 education system still grapples with pervasive discriminatory and inequitable practices that hinder students’ learning experiences and future success. Such practices can have far-reaching consequences, threatening students’ long-term outcomes and putting their well-being at risk. This study delved into the effects of exclusionary practices on academic performance and student withdrawal, with a particular focus on minority students with disabilities. By examining archived data, this research analyzed various exclusionary practices, including in-school suspension, out-of-school suspension, Baker Acts, and law enforcement referrals. To uncover correlations and determine hypothesis acceptance, the study employedsophisticated statistical techniques such as …

What's In A Frame? Exploring State Policymakers' Conceptualization Of Human Trafficking., Alexis P. Tsoukalas

Graduate Thesis and Dissertation 2023-2024

Human trafficking within and across nations is a pervasive, insidious global criminal enterprise that endangers human rights and impedes social justice. Sex and labor are two fundamental types of human trafficking, but media and policies prioritize the former. Social work calls for empowering marginalized groups, and labor trafficking survivors—who are more likely women and immigrants of color—certainly fall into this category. Since 2003, every U.S. state has criminalized human trafficking, yet the issue persists. Most human trafficking analyses focus on federal or international, not state, policies.

Thus, this critical analysis aimed to explore how human trafficking is conceptualized at the …

The Perceived Impact Of Restorative Practice Implementation On Exclusionary Discipline Practicce And The Role Of School Administrators On The Effectiveness Of Implementation, Courtney E. Tomasi

Graduate Thesis and Dissertation 2023-2024

Restorative Practices is a behavior management system that focuses on root cause analysis and repairing harms caused by those infractions. This study focused on the correlation between the knowledge that stakeholders possessed regarding Restorative Practices and their perceived impact on the school disciplinary program. In addition, the study sought to determine which aspects of Restorative Practices were most effective as well as examine the viewpoints of disciplinary stakeholders regarding Restorative Practices as a large, urban school district in central Florida.

Recent literature shows that punitive and exclusionary discipline practices have an adverse impact on minoritized populations as the students are …

Sexual Assault Victimization In Virtual Worlds, Narim Lee

Graduate Thesis and Dissertation 2023-2024

The current dissertation investigated sexual assault victimization in virtual worlds – environments, where individuals engage through avatars, offering a deep level of immersion and interactivity. As the usage of these virtual spaces grows, so does the concern for negative experiences that mirror the sexual assault encountered in the physical world. Despite this, there is a notable gap in the quantitative analysis of virtual sexual assault (VSA) victimization. This research aimed to fill this void by exploring the prevalence of VSA victimization over the previous year and identifying potential predictors of VSA victimization through the lens of cyberlifestyle-routine activity theory. To …

Work Motivation And Occupational Attitudes: An Application Of Self-Determination Theory Among Rangers, Richard L. Elligson Jr

Graduate Thesis and Dissertation 2023-2024

Job attitudes of rangers play a key role in the implementation and effectiveness of conservation initiatives. As such, scholars have begun to examine the attitudes rangers hold towards their role, organization, and external working environment. However, little is known about work motivation among rangers. Work motivation is a key predictor of employee performance, job attitudes, and well-being. The relationship between work motivation and ranger occupational attitudes may offer insight that conservation agencies can leverage to improve positive job attitudes. Guided by self-determination theory and the criminal justice literature, this study examines the relationship between ranger work motivation and attitudes towards …

“Kill, Rape, Control”: Gender-Based Violence By Gang Members In El Salvador As Crimes Against Humanity Under International Criminal Law, Elizabeth Garrison

Fordham International Law Journal

In the Northern Triangle countries (El Salvador, Honduras, and Guatemala), gang violence, particularly against women, girls, and LGBTQ+ persons, results in gross violations of human rights and is a major driver of forced displacement. Gang members systematically use gender-based violence, including rape, femicide, kidnapping, sexual slavery, and persecution of LGBTQ+ persons, to exert territorial control over the local population. However, the international community has failed to recognize both the severity and systemic nature of gender-based violence by gang members. This Note—which focuses on El Salvador, but has implications for the rest of the Northern Triangle countries—argues that gender-based violence by …

Exploring How Administrative Factors Including Mentoring, Compensation, And Workload Impact The Retention Rates Of Novice Title I Teachers, Danielle Jones

Graduate Thesis and Dissertation post-2024

This study explores the administrative factors impacting the experiences and retention rate of Title I beginning-year teachers that have 1-3 years of experience. Considering Title I schools primarily serve students from marginalized backgrounds, understanding the role of administrative factors becomes crucial. These factors significantly influence both student outcomes and teacher effectiveness, emphasizing the need for further exploration. For this reason, this research seeks to identify and understand the impacts administrative structures have on the performance, satisfaction, and retention of new teachers in Title I schools. This quantitative study will examine the experiences and outcomes of new teachers in Title I …

The Inadmissibility Of Victim Impact Evidence, Fernanda Gonzalez

UC Law Constitutional Quarterly

Currently, 41% of inmates on death row in the United States are Black, even though Black people make up only 13.6% of the total population in the country. Additionally, the data has repeatedly shown that states that do not have the death penalty have lower murder rates than states that do. Despite these disparities, more than half of states in the United States continue to allow capital punishment in some form as an alternative to a life sentence. These disparities were further exacerbated by the Supreme Court’s decision in Payne v. Tennessee, which allowed prosecutors to introduce victim impact evidence …

A Progressive Judiciary? Judicial Review And National Politics From Reconstruction To The Present, Joshua Braver, Gregory A. Elinson

College of Law Faculty Publications

Within legal academia, the conventional historical narrative is that the Supreme Court has regularly interfered with legislative and executive efforts to protect minority rights and remedy economic inequality. Citing this reactionary tendency, an influential and vocal group of progressive legal scholars have argued that progressives ought to stop defending judicial review and instead devote their energies to eliminating it, or at least aggressively curbing its use. These progressive critics of judicial review (our term) proffer two related historical claims. First, they assert, the Supreme Court has consistently been less progressive than congressional majorities and Presidents. Second, they suggest, even landmark …

Can The Excessive Fines Clause Mitigate The Lfo Crisis? An Assessment Of The Caselaw, Michael M. O'Hear

Faculty Publications

The nation’s increasing use of fees, fines, forfeiture, and restitution has resulted in chronic debt burdens for millions of poor and working-class Americans. These legal financial obligations (LFOs) likely entrench racial and socioeconomic divides and contribute to the breakdown of trust in the police and courts in disadvantaged communities. One possible source of restraint on LFOs may be the Excessive Fines Clause of the Eighth Amendment. Largely ignored by courts and commentators for two centuries, the Clause has in recent years been the subject of a burgeoning volume of litigation and scholarship. The U.S. Supreme Court has decided a handful …

Cruel And Unusual Punishment: A Human Rights-Based Argument For Extending The Eighth Amendment To Capital Punishment Methods, Brittany Walker

Human Rights Brief

Though Americans generally support capital punishment, there are many issues with how states currently choose to execute individuals, including concern that the different execution methods used by states to carry out capital punishment violates the Eighth Amendment of the U.S. Constitution, lack of regulation of states and lack of accountability. Further, certain execution methods may violate the International Covenant on Civil and Political Rights (ICCPR). This article suggests recommendations for state legislatures, the United States Congress, and the Supreme Court for ensuring the humane treatment of individuals during an execution.

The Emerging Crime Of Persecution Based On Sexual Orientation, Anthony J. Colangelo

Northwestern Journal of Human Rights

This Article argues that persecution based on sexual

orientation constitutes a crime against humanity under international law.

Unlike other scholarship that has focused on the definition of crimes against

humanity in the 1998 Rome Statute for the International Criminal Court—

which does not explicitly enumerate “sexual orientation” as a protected

classification—this Article looks to customary international law made up by

the practices of states.

Diligent research has revealed that between 1998 and 2022, at least 107

states enacted laws or revised existing laws decriminalizing sexual

orientation and/or categorizing sexual orientation as a protected

classification from discrimination. This is in addition …

Diamond's Hidden Gems - Introduction, Diamond R. Williams

Libraries' Documents

No abstract provided.

Tyrannical Hoas And How To Reign In Their Foreclosure Power And Further Protect Homeowners, Juliette Koves

Faculty Scholarship

No abstract provided.

Sharma: The Erasure Of Both Group-Based Disadvantage And Individual Impact, Jonnette Watson Hamilton, Jennifer Koshan

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Sections 7 and 15 of the Canadian Charter of Rights and Freedoms both play a critical role in protecting members of disadvantaged groups from the harms of state action. In R. v. Sharma, released in November 2022, a 5-4 majority of the Supreme Court of Canada dismissed arguments under both sections in a claim that raised the impact on Indigenous offenders of a 2012 law that restricted the availability of conditional sentences. Our focus in this paper is on the doctrinal implications of the majority and dissenting opinions in Sharma for future section 15 and section 7 claims. We discuss …

Encouraging A Safe Space For Jewish Students At Ucf, Alexandra Messina

High Impact Practices Student Showcase Fall 2024

October 7, 2023, was a horrifying day for Israel and the larger Jewish community. Since that day, American Jewish students have faced antisemitism and isolation on campuses around the country. Having a safe space for Jewish students to feel comfortable at school is more important now than ever before. The Hillel, Chabad, and Yehudi organizations at UCF do a great job of providing this space. I partnered with the Hillel to be an active, helpful part of the community that I enjoy being a part of so much. The majority of my time was spent working with freshmen, which was …

Effect Of Grammatical Accuracy And Content Accuracy On Eyewitness Message Credibility, Haily Follese, Aishlin Belony

High Impact Practices Student Showcase Spring 2024

We conducted research regarding grammatical accuracy and content accuracy on the perceived credibility of eyewitness testimony. Eyewitness testimony is a crucial part of the legal system, as testimony can be vital in cases where circumstantial evidence is present. We sought to determine the impact that grammar type had on eyewitness testimony credibility perception, as biases against grammar, dialects, or vernaculars can impact the perceived reliability or trustworthiness of eyewitnesses, thus hindering believability. To do so, we administered a digital experiment where participants viewed a mock-crime and answered follow up questions after being assigned to one of four conditions regarding content …

“The More Connection The Better”: Bounded Relationships And Uneasy Alignments In Prison Education, Chrysanthi Leon, Graciela Perez, Jules Lowman, Lawson Schultz, Atieh Babakhani, Dylan Addison, Barbara White

Journal of Health Care Law and Policy

No abstract provided.

No Child Left Confined: Challenging The Digital Convict Lease, Chaz P. Arnett

Journal of Health Care Law and Policy

The following is a lightly edited transcript of comments provided at the Journal of Health Care Law & Policy’s Spring Symposium entitled “Uneasy Alignments: The Mental Health Turn in The American Legal System.” This event was hosted on March 16, 2023, by University of Maryland Francis King Carey School of Law in collaboration with the University of Maryland School of Social Work’s Daniel Thursz Social Justice Lecture Series. The Symposium examined how legal systems, like child welfare and juvenile law institutions, use coercion to force engagement or compliance with often unproven therapeutic interventions. The presentation took on the question of …

Radical Therapeutic Jurisprudence, Inbar Cohen

Journal of Health Care Law and Policy

No abstract provided.

What Removal Causes Are Most Common For Children In Foster Care? Are There Discrepancies Across Age Groups?, Elise Woodliff

Social Work Theses - Archive

Although there has been recent focus on child welfare to prevent removals, little literature has examined reasons children are removed among diverse developmental stages. The present study explores the multifaceted demographics of children in the foster care system in order to recognize who is being affected by what removal causes. The purpose of this study is to better understand the foster care system to target interventions and screenings for children under eighteen years of age in the United States. Quantitative measures were used to analyze statistics that were made available through the Adoption and Foster Care Analysis and Reporting System. …

U.S. Online Romance Scams: A Mixed Methods Analysis Of Factors Associated With Victimization And Exploration Of Lived Experiences Of Victimization, Rebecca A. Cole

Social Work Dissertations - Archive

The objective of this dissertation is to understand develop an understanding of experiences of online romance scam¹(ORS) victimization and to examine factors associated with ORS victimization. The dissertation samples ORS victims and uses purposive sampling strategies to recruit participants. The research used a mixed methods explanatory design approach. Inclusion criteria included ORS victims 18 and older who lived in the U.S., lost any amount of money in ORS scam, and met the scammer on any Internet platform. Three research manuscripts complete this dissertation. The first manuscript is a scoping review to understand the mental and physical health outcomes …

Boiling Behind Bars: Exploring The Hidden Toll Of Extreme Heat On Mental Health In Texas Prisons, Sandra K. Miller

Social Work Theses - Archive

The State of Texas supports the largest prison system in the US and held 132,859 people in 100 units scattered across the state as of December 2023. Approximately 70% of Texas prison beds are not air conditioned, despite the state’s reputation for dangerously hot, humid summers. The State has officially recorded temperatures inside Texas prison facilities as high as 120 degrees with heat index values of over 150. Although there is a growing body of research on the negative physiological and psychological consequences of extreme heat among the general public, little is known about the physical and emotional toll of …

Weaving Empire: The Role Of Wool, The Subjugated, The Enslaved, And The Convicted In Building The British Empire, 1699-1860, Lisa Y. Gabbert

History Dissertations - Archive

A bright red woolsack comprised of wool clippings from across England sits prominently in the House of Lords. King Edward III originally commissioned the cushion for the Speaker to sit upon while conducting Parliamentary business to signify the importance of the commodity. In 1699, as British trade and territorial interests expanded, Parliament issued the Wool Act. It outlined the expectations and limitations of wool production and exchange in British controlled territories. While the British economy benefitted from commodities such as tobacco, sugar, and cotton which was largely produced by convict and enslaved laborers in its colonies, wool remained an essential …

Professional Norms At A Crossroads: Farhane And Its Implications For Legal Counsel, Hayley Sandoval

Cardozo Law Review de•novo

This Note examines the right to effective assistance of counsel during guilty pleas through the lens of the pending Second Circuit case Farhane v. United States. This case will have significant implications for the right to effective legal representation, particularly in terms of defense attorneys’ duty to warn clients of the potential risk of denaturalization as a consequence of pleading guilty. In May 2024, the court reheard Farhane en banc and will issue a decision later this year. If this opinion aligns with the court’s initial decision, it will severely limit the rights of all defendants in criminal proceedings in …

Comparative Analysis Of Prosecutor-Led Diversion Programs: Insights To Japan’S Suspension Of Prosecution For Recidivism Prevention, Mio Hagino

LL.M. Essays & Theses

Around 60% of all crimes in Japan are committed by repeat offenders, and therefore preventing recidivism is a central concern in Japan. Recognizing the importance of early intervention, some prosecutors’ offices collaborate with social workers and provide necessary measures for recidivism prevention when prosecution is suspended. To promote prosecutor-led recidivism prevention, there is an ongoing discussion to legislate the approach currently taken by prosecutors’ offices. However, concerns remain about procedural fairness, transparency of prosecutorial discretion, and collaboration with other agencies. In the United States, prosecutor-led diversion programs are adopted in many states, with ongoing research on their effectiveness and challenges. …