Digital Commons Network^™

Modern Military Justice: Cases And Materials (4th Ed.) (2024) (West Academic), Lisa M. Schenck

GW Law Faculty Publications & Other Works

This textbook comprehensively covers the modern military justice system of the United States, under the Uniform Code of Military Justice. This text is appropriate for all students, with or without prior military experience. It covers court-martial procedures, substantive criminal law, and nonjudicial punishment under the Uniform Code of Military Justice, in addition to the Military Extraterritorial Jurisdiction Act, which gives federal courts jurisdiction over certain acts committed abroad. Materials from every Service within the Armed Forces show how the military justice system addresses all criminal offenses, ranging from minor infractions to serious offenses, such as the misconduct of soldiers at …

Disability, Race, And Immigration: The Intersectional Impact Of Policing, Tania N. Valdez

GW Law Faculty Publications & Other Works

Law enforcement officers commonly must respond to situations in which a person is experiencing acute symptoms of a mental illness. Yet from the first moment of police involvement, these community members face the possibility of negative outcomes. Consequences include officers' use of excessive force leading to injury or death, criminal arrest and prosecution that results in deprivation of liberty, separation from the community, and the creation of a permanent criminal record that affects other rights.

Although potential violence and criminalization are important reasons to avoid relying on police during mental health events, another key consideration is often ignored in the …

The Cost Of Justice At The Dawn Of Ai, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

Justice isn’t free, but it might soon get much less expensive. Policies concerning issues such as arbitration, class actions, and plea bargaining depend on how much legal services cost, but the legal literature has generally ignored past and future cost trends and their implications. The result is a legal system that may change dramatically because of economic forces without active consideration of potential responses. Part of the reason for the lack of attention is that changes in legal productivity can be difficult to measure or forecast. Some commentators have concluded that the legal sector has become more expensive in recent …

The Challenges And Rewards Of Carrying Out Qualitative Research On The Police In The African American Community, Daniel K. Pryce, Ingrid Phillips Witaker

Sociology & Criminal Justice Faculty Publications

In this paper, we discuss the challenges and rewards of carrying out qualitative research on the police in the African American1 community. Using data drawn from interviews with seventy-seven African American adults in Durham, NC, we found that community member hostility toward research(ers) and fear of both neighbors and the police lowered African Americans’ willingness to be interviewed about their perceptions of and experiences with U.S. police. These findings were observed primarily in public housing and middle-income communities. On a positive note, we found that greater awareness of policing issues increased African Americans’ willingness to participate in research about the …

Teaching Dobbs To Disrupt U.S. Hegemony And Build Feminist Solidarities, Derek P. Siegel

Sociology & Criminal Justice Faculty Publications

The Dobbs decision has created both opportunities and challenges in the classroom. On one hand, Dobbs animated student interest, increasing awareness of reproduction. On the other hand, media coverage of Dobbs primed students—particularly those who had not been exposed to reproductive justice—to think about abortion access in isolation from other topics and from an exclusively U.S. perspective. In this article, I discuss my experience teaching Politics of Reproduction in Fall 2022. Among other goals, I wanted to expose students to La Marea Verde, or the “Green Wave,” of countries expanding abortion access in Latin America. By teaching Latin American abortion …

Cop In New York City, Los Angeles, And Chicago: Assessing The Adherence To The President's Task Force On 21st Century Policing, Hayden Allen

Research Papers

No abstract provided.

Mutually Assured Discussion: Lessons From Space Law For A Waning Nuclear Arms Regime, Elsbeth J. Magilton

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

This paper investigates the usefulness of applying the lessons of the Artemis Accords (“Accords”) to the nuclear arms regime – specifically asking whether strategic soft law agreements could create a stop gap for the shortcomings of long held nuclear arms agreements. To do so, it explores multiple instruments of international law, their uses in the existing nuclear and space frameworks, and how that may inform future actions for security or arms agreements. In conclusion, it is determined that the approach developed by the Accords may benefit future nuclear arms communications. The Accords bring many states to the table, largely underscoring …

Debt, Race, And Physical Mobility, Kate Sablosky Elengold

Faculty Publications

Residents in every state in the United States can lose their driver’s license or car registration because they owe debt to the state. At least eleven million people across the United States suffer these debt-based driving restrictions at any given time. Because Americans overwhelmingly rely on personal automobiles for transportation, states, by controlling access to driver’s licenses and vehicle registrations, use debt policy to control where and how people travel. And because these laws disproportionately affect people of color, primarily Black people, this kind of regulation props up racial segregation in both location and opportunity. This Article’s first contribution is …

Prejudice Standards In Washington’S Appellate Courts, Andrew B. Van Winkle

Seattle University Law Review

When an appellate court finds an error to have occurred during a proceeding, the error is not yet subject to correction. In order to merit a remedy, the error must have been sufficiently prejudicial to the aggrieved party’s case. Drawing the line between correctable and non-correctable errors is not an easy task, for it often requires guessing at what was in the minds of jurors and trial judges. To cope with this task, courts have devised various rules and tests for deciding whether an error was likely prejudicial or not. These standards often go by names such as “harmless error,” …

Tashami J. Sims V The State Of Nevada, 139 Nev. Adv. Op. 55 (Dec. 07, 2023), Hannah Bleak

Nevada Supreme Court Summaries

A defendant can abandon an unequivocal request to represent themselves when the district court does not deny the request. A trial court conclusively denies a request for self-representation when it gives a reason for the denial that would make any future requests futile. The Court adopts the totality of the circumstances test to determine if a defendant has abandoned a request to represent themselves.

No Need To Wait: Congress Has The Power Under Section Five Of The Fourteenth Amendment To Abolish The Death Penalty In The States, Eric M. Freedman

Hofstra Law Faculty Scholarship

Reformers currently proposing the abolition of capital punishment by federal legislation have only targeted the federal death penalty. They are aiming too low. Concerns about the roughly 50 prisoners facing execution by the federal government should not cause advocates to ignore the approximately 2,400 on the combined Death Rows of the states. Congress has the authority to abolish the death penalty in the states, and good reason to exercise it. This Article takes as a given the Supreme Court’s view that the death penalty is not itself unconstitutional. But under existing law Congress would have no difficulty in compiling a …

Defense Lawyering In The Progressive Prosecution Era, Jenny Roberts

Hofstra Law Faculty Scholarship

The movement to elect so-called "progressive prosecutors" is relatively new, but there is a robust literature analyzing it from a number of angles. Scholars consider how to define "progressive prosecution," look at the movement through a racial justice lens, and examine it in the context of rural spaces, deportation, and the pandemic. One essay even offers a "progressive prosecutor's handbook." But what of the defense lawyer representing clients in a progressive prosecution jurisdiction? With the election of the new prosecutor, things may

have shifted from a highly-charged, adversarial relationship with a harsh law-and-order office to something quite different. Defenders in …

2024 Conference Program, Georgia Southern University

SoTL Commons Conference

Conference program for 2024

Fentanyl Overdoses And Use Of Randox Multistat For Investigative Purposes, Clarissa Danielle Lawen

All ETDs from UAB

The opioid epidemic started in the early 1990s with the rise of prescription overdoses. In more recent years, heroin and fentanyl use has rapidly increased. Fentanyl, specifically, is 50 to 100 times more potent than morphine. To keep up with the ever-evolving epidemic, the Randox MultiSTAT was validated for use in the medical examiner autopsy suite for the potential to aid medical examiners in triaging the need for a full autopsy versus an external examination with toxicology testing. The Randox MultiSTAT is a triage tool and investigatory screen designed to provide presumptive test results across multiple matrices. It can detect …

The Warrant Impact Study: Evaluating The Effects Of Bench Warrants On Individuals And Communities, Patrick C. Brayer

Faculty Works

No abstract provided.

Fostering Entry Level Practitioner Knowledge, Confidence, And Competence In Trauma-Informed Care Application, Mollie Keyser, Mary A. Barnes

Journal of Occupational Therapy Education

Trauma is pervasive worldwide and is associated with poor health outcomes if left unaddressed, however, a gap in practice continues to exist in the implementation of trauma-informed care (TIC). Occupational therapy practitioners will encounter individuals, communities, and populations influenced by trauma, which warrants the need for TIC to improve overall service delivery across the lifespan. However, TIC is currently not systematically integrated into any Accreditation Council for Occupational Therapy Education (ACOTE) occupational therapy educational standards. The purpose of this study was to design, implement, and evaluate a TIC application-based workshop for a sample of entry-level occupational therapy doctorate (OTD) students. …

Occupational Therapy Assistant Students’ Perceptions Of Using Standardized Patient Encounters As A Replacement For Traditional Level I Fieldwork, Tiffany L. Benaroya, Deborah Mckernan-Ace, Sandra L. Rogers, Meredith Cimmino

Journal of Occupational Therapy Education

Standardized patient encounters are being utilized more often in occupational therapy education as a replacement for traditional fieldwork. While there is a growing body of research to support the use of this model in developing student skillsets and confidence, there remains limited information on the topic, and no studies which look at its use with occupational therapy assistant students. Twenty-four occupational therapy assistant students participated in standardized patient encounters which served as a replacement for traditional Level I fieldwork. All students completed an anonymous supplementary course evaluation regarding their experiences. A secondary analysis of the data looked at their perceptions …

Consent Searches As Police Violence, David B. Owens

Articles

Henderson and Krishnamurthi’s new paper—A Wolf in Sheep’s Attire: How Consent Enfeebles Our Fourth Amendment (hereinafter Sheep’s Attire)— powerfully advocates for reform to the consent doctrine. The paper is thoughtful, well-intentioned, and useful for challenging core assumptions about the law to help us evaluate how it should work. The piece is also fun to read as the authors breathe real-world insight into old doctrine. In the end, though the article flirts with a categorical rule about consent searches, and while the authors “think it categorically unreasonable for police to ask individuals to forgo their rights” in the context …

Violence Against Women And Abortion Access: A Content Analysis Of The Impact Of The Overturning Of Roe V. Wade On Victims Of Domestic And Sexual Violence, Salika Vummarao

Honors Undergraduate Theses

On June 24, 2022, Roe v. Wade was overturned, effectively eliminating the federally protected right to an abortion. Following the overturning, several state-specific restrictions or bans on abortion were passed, creating increasingly difficult conditions for people seeking an abortion. Research shows that abortion bans and restrictions disproportionately affect victims of sexual and domestic violence. Hence, this study aims to understand the specific impact of the overturning of Roe v. Wade for victims of domestic and/or sexual violence by analysis of news articles. This issue has not been researched in depth, creating a gap in our understanding. The database NexisUni was …

Subjectively Speaking, The Applicable Standard For Deficient Medical Treatment Of Pretrial Detainees Should Be One Of Objective Reasonableness, Benjamin R. Black

Touro Law Review

There is no uniformity amongst the circuits when it comes to pretrial detainees claims for inadequate medical care. The circuits are currently grappling with this problem, applying two separate tests to pretrial detainees’ 42 U.S.C. § 1983 claims depending on the jurisdiction in which the incident arose. The test that should be applied across all circuits is one of objective reasonableness. However, some circuits do not see it that way, applying the deliberate indifference standard, also known as the subjective standard test. The circuits applying the subjective standard are relying on case law that does not properly analyze the rights …

“It’S The End Of The World As We Know It” –Redrafting Amendment To Federal Rule Of Criminal Procedure 26 To Allow Remote Testimony, Alisson Sandoval

Touro Law Review

During the COVID-19 pandemic, when society fought an aggressive and deadly virus, our connection to the outside world became predominantly virtual. Videoconference technology became essential in state and federal civil judicial proceedings. In light of the unprecedented challenges presented by the pandemic and its long-lasting impact on the criminal justice system, this Article argues for amending Federal Rule of Criminal Procedure 26 to permit remote witness testimony when a witness is unavailable.

Imminence Should Not Be A Controlling Factor In The Duress Defense In The Context Of Battered Women, Jacqueline Fink

Touro Law Review

Domestic violence is a silent killer that attacks quickly. This Note specifically discusses the Battered Woman Syndrome and the need to explore the current laws that “protect” this group. Current laws in a majority of states create a barrier that blocks battered women from obtaining the justice that should be given to all citizens. When the abused woman is at an impasse in her relationship, she may be forced to make a life-or-death decision. More likely than not, the result becomes the worst possible outcome. Domestic violence continues to be higher amongst women than men, where women are emotionally, as …

Money Matters To All Students, George Padilla, Michelle H. Abrego

Organization and School Leadership Faculty Publications

The question whether money matters in education strikes at the foundation of America’s democracy—an educated electorate. Despite decades of evidence that money does matter, the question still remains unanswered among many and even answered to the contrary of the evidence. It is important to fully understand that money does matter in American education, American lives, and America’s future and to increase awareness of political and social factors that undermine that money matters for all students to learn.

Ongoing Laboratory Performance Study On Chemical Analysis Of Hydrophobic And Hydrophilic Compounds In Three Aquatic Passive Samplers, Kees Booij, Steven Crum, Branislav Vrana, Roman Grabic, Nicolas A.O. Morin, Koen Parmentier, Cécile Kech, Petra Krystek, Kazushi Noro, Benjamin Becker, Rainer Lohmann, Laure Malleret, Sarit L. Kaserzon, Cécile Miège, Fabrice Alliot, Fabienne Pfeiffer, Denis Crowley, Magdalena Rakowska, Tomas Ocelka, Gi Beum Kim, Laura Röhler

Graduate School of Oceanography Faculty Publications

The quality of chemical analysis is an important aspect of passive sampling-based environmental assessments. The present study reports on a proficiency testing program for the chemical analysis of hydrophobic organic compounds in silicone and low-density polyethylene (LDPE) passive samplers and hydrophilic compounds in polar organic chemical integrative samplers. The median between-laboratory coefficients of variation (CVs) of hydrophobic compound concentrations in the polymer phase were 33% (silicone) and 38% (LDPE), similar to the CVs obtained in four earlier rounds of this program. The median CV over all rounds was 32%. Much higher variabilities were observed for hydrophilic compound concentrations in the …

The Black Lives Matter Movement: A Systemic Crisis That Expands Crisis Response Theory, Pam Richardson-Greenfield, Alyssa Reynolds, Ryan Cruz, Monique Bell

Atlantic Marketing Journal

Relevance to Marketing Educators, Researchers, and/or Practitioners – In response to George Floyd’s death, a variety of organizations posted messages against racism and some began to openly support Black Lives Matter, often by name, in their corporate communication initiatives. With promises of financial commitments to uplift Black communities, calls for action, and initiatives to support internal change—large and small companies, non-profits and universities—could be perceived as courageous for establishing new protocols to support such a warranted change. However, in the era of “woke washing,” or inauthentic social justice messaging, the need to assess the authenticity of corporate statements of support …

Facial First Impressions Following A Prison Sentence: Negative Shift In Trait Ratings But The Same Underlying Structure, Coral M. Coutts, Chris Longmore, Mila Mileva

School of Psychology

The first impressions we form of unfamiliar others can often guide many important decisions such as whether someone is guilty of a crime or the severity of their sentence, even in the presence of more relevant information. While most of the current work in this context has focused on their impact during trial proceedings and sentencing, little is known about the potential impact of first impressions following a guilty sentence and the success of the subsequent reintegration into society. Here, we used a data-driven approach to address this question by first collecting unconstrained spontaneous impressions from two groups of perceivers …

Identifying Patients Suffering From Housing Instability In The Emergency Department, Jarvis D. Roberts

Doctor of Nursing Practice Projects

Homelessness is the most visible form of housing instability in the United States of America. Yet, millions of people across our nation live in unstable housing, which consists of temporary housing, shelters, outside encampments, and vehicles. Many citizens facing these types of insecurities live paycheck to paycheck and are one health crisis or emergency away from financial ruin. The COVID-19 pandemic, inflation, and slow hourly wage growth have exacerbated this situation. This project aimed to construct a screening tool to identify patients suffering from housing instability in the emergency department setting and provide them with community resources.

A Review Of The Effects Of Different Types Of Stigmas On The Retention Rates Of Patients In Medication-Assisted Treatment And How To Combat The Problem, Pamela Cox

Doctor of Nursing Practice Projects

It is difficult to turn on the news without hearing about the opioid epidemic or a recent opioid overdose. There is hope because there is a treatment to help prevent this epidemic. That treatment is known as medication-assisted therapy (MAT), where patients can present and, if they meet the criteria, can be given a prescription for buprenorphine/naloxone combination medication. Treatment with buprenorphine/naloxone has been shown to be highly effective treatment for substance use disorder (SUD). Even though it has been proven that this combination works, less than 20% of patients diagnosed with SUD present for treatment. This study focused on …

The Lived Experiences Of Sex Offenders: Perceptions Of Pedophilic Offenders Regarding Engagement In Community Treatment, Ali K. Madrid

Antioch University Dissertations & Theses

Pedophilia is a complex, multifaceted disorder that has existed, in some form, throughout all of human history. It was not until 1952, with the inception of the Diagnostic and Statistical Manual of Mental Disorders (DSM-1), that it was officially characterized as a psychiatric disorder. Treatment options have included surgeries, medications, cognitive behavior therapy, combined treatments (antiandrogenic drug and psychotherapy), and preventative programs. Pedophilic offenders released to the community must complete approved treatment. The community treatment may be manualized, evidence-based and likely to be effective. However, the offender must be willing and able to access the treatment resources. Participation in community …

Cps Workers’ Perspectives On Mst-Ipv And Other Interventions For Child Maltreatment And Intimate Partner Violence: A Reflexive Thematic Analysis, Malea Lash

Antioch University Dissertations & Theses

Although the co-occurrence rate of intimate partner violence (IPV) and child abuse and neglect (CAN) is about 40% (Appel and Holden, 1998; Herrenkohl et al., 2008), little research currently exists on integrated treatment for these concerns. Furthermore, no known published studies investigate child protective services (CPS) workers’ perspectives on such treatment. The present study explores the perspectives of CPS workers on treatment for co-occurring IPV and CAN, specifically focusing on Multisystemic Therapy for Intimate Partner Violence (MST-IPV). A total of 18 Connecticut CPS workers participated in semi-structured interviews. Seven participants had experience working with MST-IPV treatment providers, while 11 participants …