Digital Commons Network^™

Law's Credibility Problem, Julia Simon-Kerr

Washington Law Review

Credibility determinations often seal people’s fates. They can determine outcomes at trial; they condition the provision of benefits, like social security; and they play an increasingly dispositive role in immigration proceedings. Yet there is no stable definition of credibility in the law. Courts and agencies diverge at the most basic definitional level in their use of the category.

Consider a real-world example. An immigration judge denies asylum despite the applicant’s plausible and unrefuted account of persecution in their country of origin. The applicant appeals, pointing to the fact that Congress enacted a “rebuttable presumption of credibility” for asylum-seekers “on appeal.” …

Editorial Note, O'Brien Kaaba, Kafumu Kalyalya

SAIPAR Case Review

No abstract provided.

Ipulse: May 2023, Lynn University

Student Newspapers

Issues:

• May 2023 [Spring Week #12]: Go Green or Go Home; Embracing Fair Trade; How to Survive Senioritis; Self-Care for Extra Self-Love; Power Outfits to Make You Stand Out; A Day to Cherish Earth Stage; Beauty on a Budget; Is TikTok a Risk to National Security?; A Trip to Space; Summer Checklist 101; Life is Better at the Beach
• May 2023 [Spring Week #13]: To the Class of 2023; Graduating with Honors; Graduating with Confidence; Is Graduating a Fearful or Prideful Moment?; Thank You, International Staff; The Heart That Never Stops Beating; A Look Back

Contradiction Over The Application Of Corporate Liability In Corruption Court Decisions In Indonesia, Budi Suhariyanto, Cecep Mustafa

Indonesia Law Review

This paper presents and critically analyses the application of corporate criminal liability in the decisions of corruption crimes in Indonesia from 1999 to 2019. Of the seven corporate cases that have been prosecuted and convicted in this period. We identify 4 (four) corporate criminal liability models as follows. First, the corporation is accused, prosecuted, and convicted after the management has been convicted through a final and binding decision. Secondly, the corporation is excluded from the indictment but included in the sentencing. Third, the prosecution of corporate crimes negates the criminal liability of its management. Fourth, a portion of corporate criminal …

The Nypd Mobility Initiative And Its Impact On Police Officers, Paul M. Lichtbraun

Education Doctoral

The NYPD Mobility Initiative was launched in 2014. The program issued a smartphone to every NYPD officer and installed a tablet in every NYPD patrol car. Applications were developed for the smartphones/tablets. This quantitative descriptive retrospective pretest-posttest research study examined to what extent did the NYPD Mobility Initiative change police sergeants’ perceived ability to perform tasks that make them safer, more efficient, and more effective. The study sought to determine if NYPD sergeants believed that smartphones and tablets, which are part of the Mobility Initiative, fit the tasks they performed daily in the hopes of increasing task-technology fit (TTF).

An …

The Story Of Jennie Steers: An Examination Of Race, Gender, And Lynching In Northwest Louisiana, Lauren Smith

LSU New Orleans Theses and Dissertations

As the nineteenth century ended, the American South entered a new century equipped with the foundations of a Jim Crow society. Through political intimidation, segregation, and racial violence—most notoriously through the practice of lynching—white Southerners reasserted white supremacist rule. Yet the lynching of Black men in this era is more often documented than the plight of Black women at the hands of white mobs and local authorities. By focusing on Jennie Steers, a woman lynched outside of Shreveport, Louisiana in 1903, this project sheds light on the violent history of Northwest Louisiana and the ways in which Black women navigated …

Comment: Instilling Ordered Procedure In Assessing Motions For Reduced Sentences Under Section 404 Of The First Step Act, Michael C. Vega

Northern Illinois University Law Review

This Comment discusses the lack of ordered procedure in assessing motions brought pursuant to § 404 of the First Step Act of 2018. For nearly a quarter century, federal cocaine sentencing subjected crack-cocaine offenses dealing in one-hundredth the quantity of drug to the same statutory penalty as powder-cocaine offenses. This disparate treatment of drug offenses impacted primarily African Americans. The Fair Sentencing Act of 2010 reduced the disparity but applied only prospectively. Section 404 of the First Step Act made certain provisions of the Fair Sentencing Act retroactive. In the ensuing years, the federal courts have disagreed on the precise …

The Law Enforcement Lobby, Zoë Robinson, Stephen Rushin

Minnesota Law Review Vols. 106:2 onward (2021-present)

The law enforcement lobby represents one of the most important and undertheorized barriers to criminal justice reform. We define the law enforcement lobby as the constellation of entrenched actors within the justice system—particularly police unions, correctional officer unions, and prosecutor associations—that exert an outsized role in policy development. The law enforcement lobby sometimes operates without coordinated opposition, resulting in capture of criminal justice policymaking and skewed policy outcomes that can institutionalize injustice and subordination. The strength of the law enforcement lobby also presents a challenge to the growing defunding and abolition movements. Nevertheless, the law enforcement lobby remains at the …

Antitrust Federalism And The Prison-Industrial Complex, Gregory Day

Minnesota Law Review Vols. 106:2 onward (2021-present)

States are not only prolific monopolists but also virtually unaccountable. Consider the prison-industrial complex, where states force inmates to pay monopoly prices while suppressing competition for commissary items, phone services, medicine, and more. While the Sherman Act would often ban these types of practices, states are immune from antitrust scrutiny as a matter of federalism—a concept referring to the constitutional division of power between federal and states actors. Because regulating commerce is considered an essential feature of self-rule, the Supreme Court held in Parker v. Brown that antitrust review would impermissibly strip states of their autonomy. In fact, this immunity …

No Soy De Aquí, Ni Soy De Allá: U.S. Citizen Children Are Paying The Price For Our Nation's Broken Immigration System (Comment), Daisy J. Ramirez

The Scholar: St. Mary's Law Review on Race and Social Justice

Current immigration polices continue to force mixed-status family separation and do not provide any attainable avenues for immigration relief. Modern immigration law is complex, filled with statutes and regulations that create waste, delay, and confusion among immigrants, their families, and the United States judicial system. As a result, U.S. citizen children are bearing the costs of a faulty immigration system.

The Relationship Between Voter Perceptions Of Frequency Of Police Use Of Excessive Force And Support For The Death Penalty, Amelia Collins

Honors Theses

Differing opinions of the death penalty continually conflict with the criminal justice system regarding support or opposition. Previous studies have described how sex and race influence one’s perception of the death penalty, whereas this study emphasizes various contributing predictors aside from sex and race. This study utilizes binary logistic regression to examine the relationship between voter perceptions of police use of excessive force and support for the death penalty along with voter demographics. Secondary data from the American National Election Studies (ANES) 2020 Time Series Survey was incorporated into the data set of this study. The current study is composed …

Media Consumption Effects On College Students' Perceived Risk Of Victimization And Fear Of Crime: Does The Usage Of Social Media Police Scanners Alter Public Perceptions Of Safety?, David Kim

Electronic Theses and Dissertations

Although there is a robust body of research examining various predictors of fear of crime, there are still predictors of one’s perceived safety that have not been thoroughly assessed. Using primary data collected from a sample of college students (N = 662) enrolled at five universities in the United States the main objective of the study was to identify the factors more likely to predict variations in fear of crime, which is viewed here as a bidimensional concept that includes the affective side of fear (worries about becoming a victim) and the cognitive dimension of fear (i.e., personal judgment of …

2023-May-01-Need Inspiration? Read About These Rotc Grads., University Marketing And Communication, East Tennessee State University

ETSU News

JOHNSON CITY – Cadets in the Army ROTC Program at East Tennessee State University will be commissioned as second lieutenants later this week.

The 1 p.m. ceremony is in the D.P. Culp Student Center Auditorium, located on the first floor, on the university’s main campus on Friday, May 5. Speaking at the event is Col. Jerry E. Baird Jr., an officer with many commendations. He holds degrees from North Carolina State University, Mars Hill University and the U.S. Air Force War College. A recognized leader with service at the Pentagon, Baird has led more than 500 soldiers into combat. …

Abort Mission: An Audio Drama, Maribel Salome Sanchez

Theses and Dissertations

The culmination of the audio drama and its critical introduction focuses on the current political climate regarding abortion rights, media manipulation, and governmental control as well as Latinx representation in art and media. The script follows two sisters on their mission to create an undetected, underground abortion service in a quickly evolving American dystopia.

Inspired by multiple works of both screenplays, audio dramas, and novels, my work is meant to inspire radical change to minorities in a world where hope is quickly fading.

The Past Close Behind Us: A Comparison Of Anti-Integrationists’ Rhetoric From The 1960’S With Anti-Critical Race Theory Rhetoric Today, Te'keyra Shelton

Honors Theses

The purpose of this research study is to analyze whether there are similarities and differences between how conservative organizations and leaders against integration in the 1960’s and Critical Race Theory today discussed and reacted to these advances for civil rights. While there are drastic differences in the context of both eras, arguments used to justify segregation are still used to justify banning Critical Race Theory. Through research on social movements, rhetorical framing, and white racial and conservative ideology, I was able to understand how these movements are structured to best gain success. And, through a comparative, content analysis of rhetorical …

Arbitrariness And Accountability In Plea Bargaining, Emma Brewer

Honors Theses

Justice is supposed to be a consistent, fair ideal of our society. If an individual is going to face punishment, there should be reasons why they receive the punishment they do, and two people who commit similar offenses should be punished similarly. These societal ideals are also embraced by the legal profession. Unfortunately, the current practice of plea bargains creates potential problems for our ability to satisfy that ideal of justice. Prosecutors have significant discretion in offering plea bargains. This discretion opens the door for potential arbitrariness. One way for prosecutors to combat that arbitrariness is by having a structured …

Front Matter

Texas A&M Law Review

Front Matter

Outside Inside, Frank I. Michelman

Texas A&M Law Review

“Outsider scholarship,” we hear, “is characterized by a commitment to the interests of people of color and/or women, by rejection of abstraction and dispassionate ‘objectivity,’ and by a preference for narrative and other engaged forms of discourse.” Off the bat, we think: “Delgado!”, “Rodrigo!” Rightly, we raise our hats and cheer.

Delgado Replies, Richard Delgado

Texas A&M Law Review

In Outside Inside, Frank Michelman gives me a pat on the back for two articles setting out the case for a rotten social background (“RSB”) defense. Ultimately, however, my efforts, in his eyes, at best amount to the proverbial good old college try. Because of a host of “establishment concerns,” mainstream judges will shy away from it, even in the most compelling cases. Unless criminal defendants qualify for an accepted defense such as insanity or diminished capacity, judges will see a severely deficient childhood as bearing only on the morality of punishment, not its legality.

Reviving Audita Querela: Filling The Gap In The Federal Post-Conviction Remedial Framework For Death Row Prisoners With Severe Mental Illness, Alec Watson

University of the Pacific Law Review

No abstract provided.

Adults In Juvenile Court For Sex Offenses Committed As Children: Poetic Justice For Victims, Or Ineffectually Reopening Old Wounds For All?, Kimberly Jenkins

University of the Pacific Law Review

No abstract provided.

Tennessee Felon Population Update, May 2023, Tennessee. Department Of Correction.

Felon Population Reports

No abstract provided.

Analyzing Equity Within The University Of Nevada, Las Vegas Physical Therapy Program Admissions Process, Rebecca Altman, Savanna Cathey, Michelle Dedmon

UNLV Theses, Dissertations, Professional Papers, and Capstones

Purpose The purpose of this study was to analyze the admissions process of the University of Nevada Las Vegas Physical Therapy (UNLVPT) program through the lens of racial equity. Methods A retrospective cohort of UNLVPT applicants between 2014-2019 was obtained from the physical therapy centralized admissions system and the UNLVPT admissions office. Applicant and application characteristics were compared by racial group. Results: Our sample included 2937 total applicants with 212 (7.2%) that were admitted and matriculated into the program. Applicants identified as 49% White, 24% Asian, 13% multiracial, 6% Hispanic, 2% Black, 0.2% American Indian, and 6% did not report …

Occupational Therapy Fieldwork In An Emerging Justice-Based Setting: Hope For Prisoners, Noah Claypool

UNLV Theses, Dissertations, Professional Papers, and Capstones

This capstone occurred through a partnership with HOPE for Prisoners in Las Vegas, Nevada. As an emerging area of practice, the occupational therapy profession needs more resources and programs focused on the justice system. The lack of evidence-based resources to support future level I fieldwork students at HOPE for Prisoners poses a barrier for students to maximize their fieldwork experience and effectively engage with the organization’s population of incarcerated and formerly incarcerated men, women, and young adults in southern Nevada.This capstone experience involved a 14-week immersion at HOPE for Prisoners, including participation in training and workshops and engagement with clients, …

Coercive Sexuality: The Effect Of Early Victimization On One’S Views And Attitudes Toward Sex, Kevin Elias Hoover

UNLV Theses, Dissertations, Professional Papers, and Capstones

The prevalence of childhood sexual abuse is difficult to assess but research is growing on possible long-term consequences of this victimization. Two areas of concern are potential repeat victimization and changed attitudes toward the coercive nature of sexuality. Children who have their sexual boundaries violated at a young age may be more likely to experience sexual assault later in life (Scoglio et al., 2021). Research continues to confirm that many sexual abusers were in fact abused themselves as children (King et al., 2019). This research seeks to make connections between these experiences of sexual victimization and support for coercive sexual …

A Cultural History Of Anti-Feminism In Marvel's Scarlet Witch, Madison M. Kooba

UNLV Theses, Dissertations, Professional Papers, and Capstones

Marvel Comics character Wanda Maximoff, otherwise known as the Scarlet Witch, has received significant attention in popular culture due to her recent appearances as the primary protagonist and antagonist in television show WandaVision (2021) and film Doctor Strange in the Multiverse of Madness (2022). These depictions foregrounding Wanda’s struggles with mental health have made her an admirable character to many who see her drawing power from her emotions as a celebration of aspects of womanhood that have long been shamed by society. Sourcing these contemporary adaptations, however, lies decades of blatantly anti-feminist and sexist comics that villainize and ridicule Wanda’s …

Dystopian Trademark Revelations, Amanda Levendowski

Georgetown Law Faculty Publications and Other Works

Uncovering dystopian technologies is challenging. Nondisclosure agreements, procurement policies, trade secrets, and strategic obfuscation collude to shield the development and deployment of these technologies from public scrutiny until it is too late to combat them with law or policy. But occasionally, exposing dystopian technologies is simple. Corporations choose technology trademarks inspired by dystopian philosophies and novels or similar elements of real life—all warnings that their potential uses are dystopian as well. That pronouncement is not necessarily trumpeted on social media or corporate websites, however. It is revealed in a more surprising place: trademark registrations at the U.S. Patent and Trademark …

Towards Explainable Ai: Predicting Linear And Nonlinear Feature Relations Of Datasets, Nimmy Chhaganbhai Patel

Theses and Dissertations

Artificial Intelligence (AI) makes critical decisions in an opaque way without explaining the reasoning behind them. Decision support systems are often built as black boxes. This has generated interest in Explainable AI (XAI), an area of research that explains AI algorithms and provides more insight into their internal decision-making process. Advancements in XAI have enhanced machine learning (ML) models’ interpretability, explainability, and transparency. Additionally, there has been speculation on whether it is possible to predict the type of dataset used in the model by analyzing the results. In this research, we proposed a methodology for determining the linearity or non-linearity …

Racialized Experiences Of Covid-19: Help-Seeking Patterns In Response To Racial Discrimination Among Asian American College Students, Jeeyun Lee

Student Theses

In the United States, reported anti-Asian hate crimes increased by 164% from 2020 to 2021, with New York demonstrating a difference of 223% (Center for the Study of Hate & Extremism, 2021). Ample evidence suggested its deleterious emotional impact; COVID-19-associated racial discrimination was found to be significantly associated with increased levels of mental distress, such as anxiety, depression, and PTSD symptoms (e.g., Hahm et al. 2021). With an aim of addressing the significant dearth of research on Asian Americans’ help-seeking behaviors in response to COVID-19-associated racism and distress, this study employed grounded theory to explore the experiences of 10 self-identified …

The Association Between Mental Health Diagnoses And Trial Competency Assessments In Defendants: A Meta-Analysis, Danielle C. Severe

Student Theses

In the realm of trial competency evaluations, there are a variety of methods used to evaluate whether an individual is fit to stand trial. Presently, forensic psychologists conduct trial competency evaluations in order to assess one’s ability to stand trial, but for persons with a mental health diagnosis, the generic competency measures are not the most effective means to assess one’s ability to stand trial, as mental health diagnoses impair cognitive functions that are required in judicial proceedings. Forensic psychologists have opted to utilize other assessment methods such as the MacArthur Competence Assessment Tool – Criminal Adjudication [MacCAT-CA] and Fitness …