Digital Commons Network^™

A Public Technology Option, Hannah Bloch-Wehba

Faculty Scholarship

Private technology increasingly underpins public governance. But the state’s growing reliance on private firms to provide a variety of complex technological products and services for public purposes brings significant costs for transparency: new forms of governance are becoming less visible and less amenable to democratic control. Transparency obligations initially designed for public agencies are a poor fit for private vendors that adhere to a very different set of expectations.

Aligning the use of technology in public governance with democratic values calls for rethinking, and in some cases abandoning, the legal structures and doctrinal commitments that insulate private vendors from meaningful …

Outlawing Corporate Prosecution Deals When People Have Died, Peter Reilly

Faculty Scholarship

Two Boeing 737 MAX aircraft crashes, occurring less than five months apart in 2018 and 2019, resulted in 346 deaths—possibly the deadliest corporate crime in U.S. history. The United States Department of Justice (DOJ) used an alternative dispute resolution tool called a deferred prosecution agreement (DPA) to resolve criminal charges against Boeing and to immunize the company’s senior-level managers from prosecution. In the end, the company admitted to engaging in the criminal behavior, paid a monetary fine, and agreed to cooperate fully with the government—meaning there would be no courtroom trial, no formal adjudication of guilt, and no possibility of …

A Perfect Storm For Legal Education: Privatization, Polarization, And Pedagogy, Rachel F. Moran

Faculty Scholarship

Today, the legal profession faces new challenges to its integrity and legitimacy due to technological change, rising political polarization, and a stratified bar. In this Article, I first explore how technological innovations are undermining lawyers’ claims to a unique monopoly based on expert professionalism. These technologies are designed to transform routinized law practice in ways that improve efficiency. With little focus on attorneys’ obligations to serve the greater good, technology entrepreneurs emphasize practical advantages over traditional forms of representation. These proponents promise reduced costs and superior results through a single-minded commitment to market dynamics. Those promises in turn depend on …

Terror And Tenderness In Criminal Law, M. Eve Hanan

Cardozo Law Review

Sentencing reductions, executive pardons, prison release programs, and progressive prosecutors have something in common. In word choice and design, they suggest tempering the violence of criminal law in a limited number of cases. The prisoner may be released early based on a record of good behavior. The President may grant clemency to those sentenced in an earlier era to decades in prison for a drug crime. The prosecutor may recommend drug court rather than a jail sentence to a defendant addicted to illegal substances. In the era of “smart on crime,” reform often comes through expanding these mechanisms of relief …

An Exploration Into Health Equity Discourse In Mississippi: Organizational Commitments And Practitioner Perspectives, Thuy-Vy Lillian Pham

Honors Theses

This thesis takes a sociological approach to examine healthcare workers' beliefs and medical organizations’ solidarity statements related to diversity and equity and how these discourses aligned and/or diverged. Through interviews with healthcare providers in Mississippi and content analysis of solidarity statements, the study finds that discussions on health disparities more frequently addressed socioeconomic inequality rather than systemic racism, diverging from organizational statements. This emphasis may partly stem from the demographics of the study participants, who were predominantly White—which also reflected the staff where they worked. Additionally, while healthcare workers recognized structural issues related to health disparities, they often showed hesitancy …

Comparing Meters To Yards: A Nationally Representative Evaluation Of Gender Bias In Risk Assessment, Zachary Hamilton, Melissa Kowalski, Michael Campagna, Addison Kobie, Alex Kigerl

Criminology and Criminal Justice Faculty Publications

Risk-needs assessments (RNAs) assist correctional staff in assigning supervision and programming. While gender is a well-known predictor of crime, for decades contemporary RNAs have claimed “gender-neutrality” or risk prediction equality for males and females. Unfortunately, females are frequently overclassified, relegated to a category higher than their risks indicate. Using ridge and mixed effects regression methods, we sought to enhance the predictive accuracy of the Modified Positive Achievement Change Tool (MPACT) comparing three common assessment development methods via a 10-state sample of youth (N = 241,596) across multiple justice settings. Findings demonstrated recidivism rates vary substantially by gender and bias/overclassification …

The Nciter Newsletter December 2023, National Counterterrorism Innovation, Technology, And Education Center

Newsletters

NCITE (National Counterterrorism Innovation, Technology, and Education) is the Department of Homeland Security's center of excellence for terrorism prevention and counterterrorism research. They are a federally funded academic consortium based in Omaha, Nebraska. Their newsletters covers the current news, activities, and updates of the center and the latest in counterterrorism research. NCITEr newsletter covers specifically center updates.

Digital Twins In Healthcare: Proactive Regulation To Prevent A “Runaway Train”, Brynn Story

North Carolina Journal of Law & Technology

No abstract provided.

A Conceptual And Applied Analysis Of Treating Severe Problem Behavior And Reducing The Need For Emergency Interventions, James Matthew Nuse

Dissertations

Special education teachers are tasked with ensuring the implementation of a free appropriate public education, which might also include supporting students who demonstrate severe problem behavior (SPB). Often, students with emotional and behavioral disorders are likely to engage in SPB in various forms such as physical aggression and property destruction. While definitions surrounding the term SPB vary, there is a general consensus within the field for interventions to address these types of dangerous behaviors. Unfortunately, students who demonstrate similarly concerning behavior are likely to experience some type of emergency intervention such as physical restraint or seclusion. These practices are problematic …

Examining Oppressive Social Systems: Activism, Academics And Alpha Males, Kristin Dee Vierra

UNLV Theses, Dissertations, Professional Papers, and Capstones

Oppressive social systems are structures and institutions within society that systematically and unjustly restrict the rights, opportunities, and overall well-being of certain groups (Bonilla-Silva, 1997; Feagin, 2013). The current program of research aims to investigate how oppressive social systems impact individuals and explore strategies to address and counteract them. The first paper seeks to understand whether, why, and how people engage in critical action to support Black Lives Matter (BLM). The second paper examines undergraduates' perceptions of whether STEM research mentors should consider race when mentoring students from marginalized backgrounds. The final paper employs a meta-synthesis with the purpose of …

An Analysis Of The Impact And Effectiveness Of Human Trafficking State Laws And Policies In Missouri And Nebraska, Madeleine Mather

Theses/Capstones/Creative Projects

Human trafficking is the use of force, fraud, or coercion to use another person for sex or labor. Human trafficking is a prevalent issue within the United States that is not talked about enough. This leads to a misrepresentation of facts about human trafficking that can lead to common myths related to human trafficking. It is each state’s responsibility to develop laws and policies that protect victims and prosecute offenders justly according to the crime. This research delves into an analysis of Missouri and Nebraska state statutes to determine their effectiveness and assess the level of awareness among residents of …

Capital Punishment, Carlos Wood

Mercer Law Review

In Glossip v. Gross, a 2015 Supreme Court of the United States case that addressed the constitutionality of Oklahoma’s lethal injection protocol, Justice Breyer authored a dissent, joined by Justice Ginsburg, in which he noted the declining use of the death penalty in the United States. Justice Breyer began his dissent by noting the downward trajectory of the number of convictions that resulted in capital sentences. The evidence he cited included the following: from 1986 to 1999, approximately 300 people on average were sentenced to death every year, but in 2000, this number began to decline rapidly. In 2014, …

Events To Record: An Examination Of Required Activation For Body-Worn Cameras, Allison Reed

Honors Theses

There has been a lot of research on the effectiveness of body-worn cameras in policing including the impacts that body-worn cameras have on police officers, individual citizens, and the community. Results from prior literature show that police body-worn cameras are only sometimes highly effective. This project investigates why police body-worn cameras may not be effective by examining the required activation policies. Data for this project derive from the 2016 Law Enforcement Management Administrative Statistics – Body-Worn Camera Supplement (LEMAS-BWCS) study conducted by the Bureau of Justice Statistics. The main components of these data are the required events officers are to …

Annual Report 2022-2023, Tennessee. Bureau Of Investigation

Annual Report

No abstract provided.

The Impact Of The Covid-19 Pandemic On The Well-Being Of People Incarcerated In United States Prisons, Kimberly Rivera

Department of Sociology: Dissertations, Theses, and Student Research

The COVID-19 pandemic has negatively impacted the population as a whole. However, the incarcerated population (which also experiences a variety of health disparities) has been disproportionately affected by the pandemic. Due to overcrowding, poor ventilation, and lack of resources, the incarcerated population already is at a heightened risk for negative health outcomes, made worse by the recent pandemic. To adapt to the rapidly changing conditions during the pandemic in 2020 and into 2022, new safety measures were implemented, but the unintended consequences associated with the implementation of these procedures have yet to be examined empirically. I conducted a qualitative content …

Usage Statistics: Project Counter R5 Dr_D1 Report Fy2023 - Database Search And Item Usage, Andrée J. Rathemacher

Technical Services Reports and Statistics

Project COUNTER R5 Report DR_D1 for the University of Rhode Island for the period from July 1, 2022 - June 30, 2023. The DR_D1 report is defined as "Database Search and Item Usage." This report presents an annual total only and only includes those platforms successfully configured for automated harvesting via SUSHI.

File for download is Excel spreadsheet generated by Alma Analytics.

Results:

Searches Automated - 101,532

Searches Federated - 10,516

Searches Regular - 1,059,387

Total Item Investigations - 519,728

Total Item Requests - 219,645

The New Comity Abstention, John Harland Giammatteo

Journal Articles

In the past ten years, lower federal courts have quietly but regularly abstained from hearing federal claims challenging state court procedures, citing concerns of comity and federalism. Federal courts have dismissed a broad range of substantive challenges tasked to them by Congress, including under the Americans with Disabilities Act, the Indian Child Welfare Act, and various constitutional provisions, involving state court eviction proceedings, foster care determinations, bail and criminal justice policies, COVID-era safety practices, and other instances where state courts determine state policy.

This paper is the first to argue that these decisions constitute a new abstention doctrine, unmoored from …

Foreword, The Honorable L. A. Harris Jr.

University of Richmond Law Review

“Your writing is so bad you will not be considered for Law Review and there is some question about your admittance to Law School.”

Life is strange and ironic. In 1974 as a second year law student at the T. C. Williams School of Law at the University of Richmond, I was invited to submit an article to determine if I would be permitted to serve on the Law Review. A member of the Law Review evaluated my article and met with me. In summation he said my writing was so bad that I would not be considered for Law …

From The Governor's Desk To A Bullet In Your Chest: The Fatal Implications Of Anti-Trans Legislation, Iyan Wickel

Online Theses and Dissertations

Proposed discriminatory legislation in the hundreds has resulted in a renewed look at trans communities, both of support and vitriol. Just as new legislation has been proposed in recent years at a rate that is higher than ever before, so has the reported rate of murder of transgender and gender nonconforming individuals, seemingly at a similar rate with hate fueled rhetoric and legislation. This general observation was the driving force behind this study; to determine whether or not anti-trans legislation in particular coincided with the rate of murder of trans and gender non-conforming people. The study at hand examined the …

Police And Cross-Cultural Psychology: The Impact Of Human Values On Violence, Claudio V. Torres, Sharon Glazer

Online Readings in Psychology and Culture

Researchers of police psychology must be well-acquainted with police work and culture both nationally and organizationally. However, most studies developed in police psychology do not fully account for the national context within which a study was done. In this article review, we discuss two social phenomena commonly studied by police psychologists: aggression and violence. Taking primarily a cross-national approach, we focus on the predictive role of individual values on aggression and violence. Schwartz’s (1992) values theory, at the individual level of analysis, was chosen due to its importance to cross-cultural psychology, as well as its implications on well-being (e.g., Sagiv …

Investigating The Relationship Between Foster Care And Sex Trafficking: What Factors Are Maintaining The Cycle Of Abuse, Shannon M. Budgell

Student Theses

Sex trafficking is a global crime and human rights issue that benefits abusers at the detriment of vulnerable groups, including children involved in the United States welfare system. This meta-synthesis explored the risk factors present within the United States foster care system that expose children to potential victimization. Using qualitative research, the purpose of this study was to review sex trafficking exploitation and analyze the current policies creating this vulnerability in the nation’s child welfare services. Upon completing a systematic literature search, nine studies were included by meeting the following criteria: qualitative or quantitative research studies published in English any …

The Method Development And Validation Of Designer Benzodiazepines In Oral Fluid Using Solid Phase Extraction And Lc-Ms/Ms, Jenna L. Monsell

Student Theses

Oral fluid is a useful biological matrix. Collection is non-invasive, quick, observable, and its correlation between oral fluid and blood drug concentration make oral fluid an important matrix to use as a roadside test. Designer benzodiazepines have become increasingly popular over the years, adversely affecting motor skills and leading to driving under the influence. Many previous studies have focused on the method development and validation of designer benzodiazepines in blood and hair but fail to validate a method to detect designer benzodiazepines in oral fluid. This study focuses on the method validation of 13 designer benzodiazepines in oral fluid using …

Comparing Bone Histology, Topography, And Other Physical Attributes To The Presence Of Viable Dna After Interval Cremation, Eldad Cano Jr

Student Theses

This research aims to compare the resulting characteristics caused by thermal exposure to bone samples – such as physical composition, microscopic histology, and scanning electron microscopy (SEM) analysis – to the qualitative and quantitative DNA analysis within the samples. By using kilns to cremate sus scrofa domesticus bone samples at five different temperatures, cortical and cancellous bones of the tibia, humerus, femur, and fibula will be analyzed and compared to determine any correlation with these factors and the presence of viable DNA. This contribution to research within the realm of forensic anthropology can grant a better understanding of how bone …

Dismantling The School-To-Prison Pipeline: Studying The Effects Of Disciplinary Actions In Schools For Students, Rebekah Granlund

Capstone Projects and Master's Theses

As educators, a large part of our job day in and day out will be to enrich the minds of young students, who are our future generations. Given this, schools are tasked with student discipline in addition to their learning development. The focus of this senior capstone is to examine the school-to-prison pipeline and identify what educators can adjust in order to decrease the funneling of students into incarceration. Utilizing literature reviews, interviews with in-service teachers and administrators, and studying various approaches to disciplinary actions, the result findings indicate that there are alternative, more positive approaches to disciplinary actions in …

Examining The Quality Of Gender Measurements In Criminological And Criminal Justice Research: Pervasive Apathy Or Bad Research Methods?, Jadon Clark

Masters Theses and Doctoral Dissertations

Criminology has often been criticized for its lack of gender inclusivity and ‘androcentrism,’ particularly by feminist and queer criminologists who note that the field rarely uses separate measures of gender and sex assigned at birth or ones that extend beyond the binary, severely limiting the applicability of evidence-based, gender-responsive services in the criminal justice system. Other fields have adopted measures of gender that capture multiple identities and acknowledge the complexity of gender. However, it is unclear whether criminology has heeded these calls for inclusivity. Using a gender theory perspective, the current study analyzed 566 articles published between 2011 and 2020 …

Building Stronger Student-Teacher Relationships With Students Of Color, Diana Berlanga

Masters Projects

This project examines the racial disparity that exists among students of color and positive teacher-student relationships. Research shows that teacher bias influences teachers' perception of students of color. Teacher social identities play a role in how teachers build student-teacher relationships, which affects some students of color experience in school. For instance, students of color are less likely to experience academic recommendations and more likely to receive harsh discipline. However, research shows that teachers can improve their teacher bias by self-discovering their teacher’s social identity in the classroom. In addition, teachers could improve their interactions with students of color by exploring …

Human Trafficking In The Americas: Comparison Of Original Source Compilation Versus Unodc Data, Ivette Avila Jimenez

Electronic Theses, Projects, and Dissertations

International human trafficking (IHT) is a type of criminal activity that involves groups and individuals who facilitate the global movement and exploitation of people, often by illegal means. Estimates show that, worldwide, there are over 25 million victims of human trafficking at any given time; however, estimates are prone to under and overcounting. Focusing on the Americas, this study compared the quality of two data sources that could be used to observe IHT. Country-to-country IHT networks generated from 9 years of researcher compiled governmental and non-governmental data (2008-2017) was compared with networks generated from data downloaded from the United Nations …

Administrators’ Perceptions Of Alternatives To Suspension In Virginia Urban Public Schools, Hayley Poland

Electronic Theses and Dissertations

The purpose of this phenomenological study was to examine the perceptions of the use of alternatives to suspension of high school administrators in Virginia urban public schools. The phenomenological research design allowed better understanding of the participant’s view and perception of their use of alternatives to suspension. While there is research focusing on the use of alternatives to suspension, there has been little research in Virginia urban public schools on the perceptions of administrators on the use of alternatives to suspension. The framework this research study utilized to focus the data analysis was Social Learning Theory.

Data collection strategies included …

A Critical Systematic Literature Review Of Global Inclusive Education Using An Affective, Intersectional, Discursive, Emotive And Material Lens, David Isaac Hernández-Saca, Catherine Kramarczuk Voulgarides, Susan Larson Etscheidt

Faculty Publications

We conducted a critical systematic literature review on global inclusive education and law. The critical review questions were: (1) how have scholars theorized, conceptualized, and studied global inclusive education? (2) How do scholars define global inclusive education? (3) And what do scholars cite as prominent international inclusive education law? We ask such questions given the ongoing global crises that situate historically marginalized groups in even more precarious positions—including students with dis/Abilities. Given this framing, we employed a critical systematic literature review that is cognizant of our positionalities, writing from the Global North, so that we can identify lines of inquiry …

Neuroimaging And Free Will: A Partial Test Of Devine's “Director’S Cut” Theory Of Jury Decision Making, Madison Baczuk

Undergraduate Honors Theses

New evidence has emerged over the last few decades that demonstrates that the brains of some criminal offenders are structurally and functionally different from non-offenders. This evidence suggests that some people may not have the physical brain structure and functioning – often due to factors beyond their control – to make thoughtful, empathetic, and rational decisions. Therefore, some have questioned whether such individuals should be held to the same degree of culpability (responsibility) as those without brain damage, deficiency, or dysfunction. Additionally, this neurological evidence has been shown to influence jury decision-making as a mitigating factor. The present study aims …