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Municipal Failures, Nancy Leong

Sturm College of Law: Faculty Scholarship

Calls for reforming the civil rights enforcement regime often focus on individual government officers. Recent years have brought demands to abolish qualified immunity—a defense that protects individual officers from liability so long as they did not violate clearly established law—and to end indemnification—a practice in which government employers satisfy judgments against their employees.

This Article focuses instead on liability directly against municipalities and draws attention to a promising and underused avenue for recovery: the theory of municipal failure to supervise. It presents two original data sets—one including every municipal liability case decided in 2019, and the other including every case …

Alex Asuquo Ita V. Attorney General United States Of America

2023 Decisions

Agency

Usa V. Evans Santos Diaz

2023 Decisions

USDC for the Middle District of Pennsylvania

Declaration Of Catherine Smith: Navahine V. Dept. Of Transportation, State Of Hawai’I, Catherine Smith

Scholarly Articles

I submit this expert declaration in support of the children’s motion to maintain their September 2023 trial date so they can have their urgent constitutional rights case involving a life-sustaining climate system accorded the legal prioritization it deserves. Each day that passes without redress not only means an infringement on children’s rights but also impacts their health, safety, well-being, and the cultural lifeways and traditions of Native Hawaiian children. These harms are cumulative and compounding for the duration of the plaintiffs’ childhoods as they mature into adults. And many of the plaintiffs’ climate change-induced injuries are irreversible.

Symposium Transcript

Richmond Public Interest Law Review

No abstract provided.

A Call For Change: Doing More To Protect Black And Brown Victims Of Domestic Violence, Kiana Gilcrist

Richmond Public Interest Law Review

Domestic violence (“DV”) disproportionately affects Black and Brown
women. This article examines the tense history of law enforcement
engagement with minority groups, which has caused a strain on that
relationship, leaving minority groups more likely to choose to stay in their
DV situations than seek out law enforcement help. The divide still impacts
these groups today. Additionally, the article highlights several organizations
that have formed to address the needs of minority individuals. Other
organizations have been around, but their ties to law enforcement create an
added barrier for Black and Brown women seeking protection. The article
concludes by briefly examining …

On Liberation Psychology, Hate, Hope, And Healing, Aaron Edwards

Journal of Hate Studies

Entering the third year of the COVID-19 era, the United States faces myriad problems with hate speech, misinformation, racial and politically based violence, and deep-rooted institutional abuses. Oppression of minorities making up the majority of the population contributes to mood disorders such as anxiety, depression, and panic disorders. The problem of hate has been an active study by psychologists since World War II, but as of yet publications uniting interdisciplinary hate studies and community psychology are sparse compared to other interests. This essay addresses one such theory, liberation psychology, and how its approach may guide clinicians and institutions to a …

Faculty Senate Agenda, Georgia Southern University, Faculty Senate

Faculty Senate Agendas

No abstract provided.

Displacement And Replacement: The Political History Of David Duke, Patrick Buchanan, And Racial Resentment, Dylan Weir

Journal of Hate Studies

In the late 1980s and early 1990s, David Duke and Patrick Buchanan drew on long-running discourses about White replacement and displacement in their political campaigns. Duke, former leader of the Knights of the Ku Klux Klan, used White displacement fears to earn elected office in the Louisiana state legislature. He then ran for governor, senator, and president, but was thwarted in these campaigns partly thanks to Black voters. Duke’s presidential ambitions were also undercut by the journalist and television personality Patrick Buchanan, who coopted Duke’s message to seize his base. Despite trying several times, however, Buchanan was also unable to …

The Role Of Organized Psychology In Inspiring Hope And Preventing Hate Victimization: Recommendations From A South African Hate And Bias Monitoring Initiative, Hanlie Van Wyk, Juan A. Nel

Journal of Hate Studies

Psychology must have as its primary focus the well-being of humans, communities, and societies and cannot be detached from – or even neutral about – our social or political systems. For those who are impacted by hate, the focus on their well-being has never mattered more. In South Africa, which is the focal point of our research, and the world, hate victimization targeting people based on identity factors like race, nationality, religion, and sexual orientation is becoming more prevalent. Given the menacing intensification of hate, how is psychology as a profession, science, and discipline keeping the pulse of society at …

Octoprint Server At Kennesaw State University, Blair Dilbeck, Natalie Ajemian, Shota Yasuda, Rushana Rakhman, Beau Wilkins, Rohit Gibson

Symposium of Student Scholars

Students and faculty belonging to the Kennesaw State Department of Information Systems and Security are creating Octoprint Server as open-source software for web-based 3D print farm and ecosystem management. Building upon the robust existing Octoprint open-source project, which provides a common interface to individual 3D printers, the project aims to help schools, libraries, and universities who wish to scale up and manage learning activities using 3D printing. Volunteers taking part in the project will do this by creating an accessible application that is easy to configure, provides key functionality they need, and works with typical conditions non-technical administrators must navigate …

Reducing Recidivism Through Rehabilitation: An Observational Study On Rehabilitative Programming During And After Incarceration To Determine Best Practices For Successful Reintegration Into Society, William R. Balestrino

Merge

No abstract provided.

Secondary Traumatic Stress Among Nationally Credentialed Victim Advocates: Baseline And Risk Factors, Bette Marie Stebbins Inch

Doctoral Dissertations and Projects

Crime victims rely on the expertise of nationally recognized victim advocates to navigate the complex criminal justice process that includes reporting the crime and participating in the criminal legal system while recovering from trauma. People indirectly involved in traumatic events can also experience adverse effects. Providing direct services to traumatized crime victims may increase an advocate’s risk of developing secondary traumatic stress and negatively affect client services. This study was designed to examine the occurrence of specific symptoms matching the Secondary Traumatic Stress Scale to establish a baseline of secondary traumatic stress among a sample of nationally credentialed victim advocates …

The Mental And Physical Experiences Of Inmates In Solitary Confinement, Kristina Veszeleiova, Barbara Frazier

Student Research Design & Innovation Symposium

Solitary confinement has been used in our society since 1773. It was first introduced as a punishment for inmates exhibiting dangerous behavior and served as protection for vulnerable populations. In solitary confinement, an inmate is isolated in a single cell with little external or environmental stimulation. In recent years emphasis has been placed on the psychological and physiological effects of solitary confinement experienced by inmates in correctional facilities in the United States. These effects can result in a number of negative consequences on offender’s life in prison and out of prison. This research study aims to investigate the effects of …

Cost Saving Corrections, Michael Tiner

Student Research Design & Innovation Symposium

The purpose of this project was to conduct a cost-savings analysis of doing laundry within the Adult Correctional Institution in the Rhode Island Department of Corrections. This research was comprised of an assessment of the cost of homemade and store-bought detergent observed by an analysis of machine efficiency and life expectancy, followed by calculated savings and the desired effect versus the original pricing and the current effectiveness. Real-world practicality in the Adult Correctional Institute and the Rhode Island Department of Corrections was also considered. My research provides a cost-effective solution to doing laundry in correctional institutions.

The Genetic Role Of Alcoholism, Madelyn Rice

Student Research Design & Innovation Symposium

Alcoholism is an urgent public health issue concerning certain populations who may be at greater risk of experiencing the disorder. By studying the genetic role of alcohol addiction, medical professionals may be able to establish new protocols to treat addicts and aid in preventing vulnerable demographics from developing alcoholism. In the Genetic Role of Alcoholism, I explore the genetic mutations that contribute to an individual’s addiction to alcohol and identify the particular genes and proteins that undergo aforesaid mutations. As the level of alcohol increases within the bloodstream, so too does the risk of behavioral problems and mental alterations. Moreover, …

Non-Fatal Strangulation During Sexual Assault: A Retrospective Review, Brooke E. Stacey

Theses and Dissertations

Background: Non-fatal strangulation (NFS) is a life-threatening event in cases of sexual assault. The incidence of NFS during sexual assault is increasing on a global scale. NFS is a gendered crime as most victims are women and most assailants are men and is more common in intimate partner violence. Strangulation victims only have visible neck injuries around 50% of the time, but visible injuries are not a reliable indicator of the severity of the assault. NFS can cause neurological damage from lack of blood flow to the brain and result in physical and psychological trauma. NFS indicates a high degree …

Executive Committee - Agenda 4/25/2023, Academic Senate

Academic Senate Agendas

No abstract provided.

A Phenomenological Study Of Lived Experiences Of Drug Treatment Court Judges, Jennifer Smith Ramey

Doctoral Dissertations and Projects

The purpose of this phenomenological study is to describe current judges’ experiences presiding over drug treatment courts in Virginia. These experiences include the factors that led them to serve as a drug court judge, their training (if any) in behavioral health, and their perspective on how they apply therapeutic jurisprudence and procedural justice. The theory guiding this study is the diversionary justice theory. This theory explains the importance of diverting individuals charged with a crime from entering the punitive criminal justice system. The study was guided by the following research questions: How do judges describe their experiences presiding over drug …

Law Enforcement Officers And The Domestic Violence Advocacy Referral Process, Aaron Allen Cubbage

Doctoral Dissertations and Projects

Domestic violence incidents impact the daily activities of the law enforcement agencies responsible for responding to these calls for service. Legislators and law enforcement leaders have expended countless hours, staffing, and finances to adequately protect the victims of domestic violence. In Virginia, an essential component of protecting victims of domestic violence involves the referral process, used by law enforcement officers to connect victims of domestic violence to domestic violence advocacy groups. The Code of Virginia and law enforcement agencies receiving accreditation through the Virginia Law Enforcement Professional Standards Commission (VLEPSC) require these referrals. There is available research regarding the referral …

The Efficacy Of Paramilitary Police Training For Procedural Justice Approaches: A Phenomenological Study, Joshua Tiffee

Doctoral Dissertations and Projects

The purpose of this phenomenological study was to describe the experiences of instructors at paramilitary police training programs in Pacific State as they relate to procedural justice skills. Procedural justice, with its emphasis on citizen voice, dignity, and respect, has become the predominant policing approach in America. However, numerous studies conclude that the predominant police training approach, paramilitary police training, is ill-equipped to instill the skills necessary for police to employ procedural justice strategies. This hermeneutic phenomenological study described the experiences of instructors at paramilitary police training programs using social learning theory principles as a framework to answer the central …

Efficacy Of Education On Police Misconduct, Roel Rosalez

Doctoral Dissertations and Projects

The purpose of this phenomenological study was to understand and discover the efficacy of education on police misconduct for the citizens of Port Isabel, Texas through the services received from the Port Isabel, Texas, police department, and the trust in the relationship between the citizens and the police officers of Port Isabel, Texas. The theory guiding this study is Moral Development Theory initiated by Lawrence Kohlberg, which explains that children and adolescents progress through six stages of moral development organized in three levels (Carmichael et al., 2019). While this theory is directed at children and adolescents, the same theory can …

Perlmutter Center For Legal Justice At Cardozo School Of Law Celebrates Release Of Bruce Bryant Following Clemency Victory, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2023

It was a day of jubilation for Bruce Bryant, the first client of The Perlmutter Center for Legal Justice at Cardozo School of Law as he celebrated his release from prison on April 24th, after New York State Governor Kathy Hochul granted him clemency in December.

Restitution Is A Necessary Part Of Biblical Forgiveness: A Look At How The Bible Provides A Legal And Moral Solution For Transgressions Committed, Robert Andrew Pannier

Doctoral Dissertations and Projects

The purpose of this dissertation is to examine the principle of restitution and how it is an essential part of biblical forgiveness. What makes this principle so important is that God wanted to ensure that there was no barrier to the unity of the body of Christ and unforgiveness related to a transgression can be a huge barrier as it creates resentment and anger. Since the ultimate goal of God is the unity of His creation, God provided a system where true forgiveness could be achieved, both from a legal standpoint, where a debt was repaid, and from a moral …

African American Parenting Style Influence On Children And Adolescents' Academic Success, Elizabeth F. Martin

Doctoral Dissertations and Projects

The purpose of this qualitative phenomenological study was to examine how parenting styles influence African American children and adolescents’ academic success. The theory guiding this study was Diana Baumrind’s parenting typologies authoritative, authoritarian, and permissive parenting styles. A sample size of 10 African American participants who had at least one child, 3 months to 18 years of age, were recruited and selected through purposeful and snowball sampling. Each participant was interviewed via recorded Zoom meetings and data were collected utilizing open-ended, semistructured, in-depth interview questions. Three research questions guided this study: (a) what response is given that characterizes parents’ relations …

What's Love Got To Do With It? Redefining Domestic Violence To Close Federal Firearm Loopholes, Cecilia Shields-Auble

Maine Law Review

Closing the “boyfriend loophole” by expanding the definition of a misdemeanor crime of domestic violence to include the abuse of “dating partners” further entrenches the law into an unworkable quasi-marital framework rooted in an antiquated understanding of domestic violence. The federal firearm prohibition would more effectively target high-risk offenders if 18 U.S.C. § 921(a)(33)(A) were revised to eliminate the quasi-marital framework and reflect a modern understanding of the power and control dynamics involved in intimate partner violence. This Comment begins by summarizing the emergence of federal domestic violence law and describing the limitations of the Lautenberg Amendment. It then examines …

Primacy In Theory And Application: Lessons From A Half-Century Of New Judicial Federalism, Catherine R. Connors, Connor Finch

Maine Law Review

In his 1977 article, State Constitutions and the Protection of Individual Rights, Justice Brennan famously reminded jurists that our governmental system includes two constitutions applicable to each state, and New Judicial Federalism was born. Since then, state courts have applied their own Bills of Rights using different approaches with varying degrees of enthusiasm. The primacy approach, requiring state courts to consider the state constitution first, and turning to the federal constitution only if needed to resolve the case, is theoretically optimal but inconsistently followed, even in the few jurisdictions professing to adopt that approach. This Article posits that the reason …

The Minutes Of The Marshall University Graduate Council Meeting, January 27, 2023, Marshall University Graduate Council

Graduate Council Minutes

No abstract provided.

The Discriminatory Effects Of Monetary Policy Among Different Labor Market Demographics, Darren Stanton

Honors Projects in Economics

While great strides have been made in America’s pursuit of racial and gender equality, there is still a clear gap in terms of economic success (Carpenter & Rodgers, 2004). Current research has shown that one factor that could be contributing to this is the adverse effects that contractionary monetary policies designed to achieve a 2% average inflation rate has on these groups in the labor market (Seguino & Heintz, 2012). Existing literature suggests this is because of their lower attachment rate to their jobs, jobs that are more likely to be eliminated when interest rates increase. This research will seek …

D. M. V. Attorney General United States

2023 Decisions

Agency