Digital Commons Network^™

Echoing: A Practice Of Liberation Through Transformative Education, Monika L. Son, Virginia Diaz-Mendoza, Schevaletta Alford, Erica King-Toler, Gabrielle Cuesta, Lenwood Hayman

Journal of Contemplative Inquiry

Black people living in the U.S. have had to resource themselves with practices to help them remain resilient against the oppression they experience. Pandemic-inspired challenges have made the collective contemplation on how to engage in liberating, transformative practices imperative. Faculty across the country have been tasked with creating nuanced ways to cultivate contemplative, restorative, and liberatory pedagogy. The focus of the current study was to develop a clearer understanding as to how contemplative practices help inspire people constrained by structural inequities to actively shift their mode of being and teaching in higher education. Through a contemplative practice known as echoing …

Covid-19 Hate Crimes: Why Hate Is Rising, And What The United States Can Do About It, Dillon B. Yang

Journal of Legislation

No abstract provided.

March 13, 2023

The Gavel Gazette

No abstract provided.

Measuring Crime And Deviance: Law Enforcement Off The Pavement, John M. Marks Jr., Jason M. Callegari, Yeokil Cho, Carl M. Williams, Jennifer Taylor-Innerarity

The Journal of Public and Professional Sociology

This study operationalized quantitative measures of crime and deviance through the categorization of coding narrative violations as a specific section of the law. The aggregate number of violations in the game and fish, waters of the state, ports, and watercraft, and conservation and natural resources categories, which make up the majority of the total violations, suggests that these laws may be a priority for law enforcement or that there are many people violating these rules. However, without more information it is difficult to say what is significant about the data without more context. The difference in citations and warnings between …

Panicked Legislation, Catherine L. Carpenter

Journal of Legislation

No abstract provided.

Civil Cipa: A Defense Against The Government's Unchecked State Secrets Privilege, Morgan Cleary

Journal of Legislation

No abstract provided.

Combatting Suggestiveness In Lineups: Can Legislation Be The Answer?, Samantha Kay Krasker

Journal of Legislation

No abstract provided.

Delivering Computer-Based Training Within State Prisons, Kunal Jha

Theses and Dissertations

Internet-connected devices are ubiquitous, and our built environment allows us to tap into formerly impossible solutions. As our world increasingly depends on technology to operate, one demographic cannot gain exposure to internet-connected devices or web-based educational programs: incarcerated individuals. The Department of Justice reports that 5 out of 6 State Prisoners are arrested and returned to prison within nine years of their initial release. Research shows that education is a pathway to reducing the U.S. prison population. Individuals who participated in any educational program are 43 percent less likely to return to prison.1 Prisons in the United States often partner …

Greater New Haven Community Wellbeing Index 2023, Mark Abraham, Camille Seaberry, Kelly Davila, Andrew Carr

Reports

No abstract provided.

Why Criminal Defendants Cooperate: The Defense Attorney's Perspective, Jessica A. Roth, Anna D. Vaynman, Steven D. Penrod

Northwestern University Law Review

Cooperation is at the heart of most complex federal criminal cases, with profound ramifications for who can be brought to justice and for the fate of those who decide to cooperate. But despite the significance of cooperation, scholars have yet to explore exactly how individuals confronted with the decision whether to pursue cooperation with prosecutors make that choice. This Article—the first empirical study of the defense experience of cooperation—begins to address that gap. The Article reports the results of a survey completed by 146 criminal defense attorneys in three federal districts: the Southern District of New York, the Eastern District …

The Role Of Religious Contexts On Hate Crimes, 2003–2017, Shawn Ratcliff, Philip Schwadel

Department of Sociology: Faculty Publications

Objective: Combining insights from socio-criminological theories of (hate) crimes and the moral communities perspective, this article examines how the religious makeup of a county— evangelical Protestant, mainline Protestant, and Catholic adherence rates—affects county-level hate crime patterns.

Methods: Zero-inflated negative binomial regressions were conducted on a unique county-level data set that included reported hate crimes, religious adherence rates, and related correlates of hate crimes for three distinct temporal periods: 2003–2007, 2008–2012, and 2013–2017.

Results: Results demonstrate that a county’s total adherence rate, mainline Protestant rate and, to a lesser degree, Catholic adherence rate are associated with fewer hate …

The Architecture Of Discretion: Implications Of The Structure Of Sanctions For Racial Disparities, Severity, And Net Widening, Ryan T. Sakoda

Northwestern University Law Review

About four million people are serving a term of probation, parole, or post-release supervision in the United States. Due to the extensive use of incarceration as a punishment for conditions violations, these community supervision programs are a major factor contributing to mass incarceration and, as this Article shows, can play a significant role in exacerbating racial disparities in the criminal legal system.

In recent years, jurisdictions throughout the United States have made reforms to their community supervision programs. A major trend in community supervision reform is the integration of new sanctioning structures, such as “swift and certain” sanctions, for conditions …

Obey Or Abey: An Empirical Examination Of Abeyance Agreements In Public School Discipline, Rachael K. Cox

Northwestern University Law Review

“Exclusionary discipline” is widely understood to mean the typical responses to student misbehavior in public schools: suspension and expulsion. But sometimes their lesser-known counterpart, the abeyance agreement, swoops in before the suspension or expulsion is effectuated and gives the student a “second chance” to avoid such exclusionary discipline—provided the student complies with the terms of the agreement. It sounds simple, but the reality is far more complicated. Without a clearly defined, regulated, and tracked practice, abeyance agreements are an off-record discipline device used at the sole discretion of public school district administrators. Joining a landscape of urgent concerns over the …

Embodied Pedagogies For Transformation: Bringing Yoga Strategies Into College Classrooms, Audrey Lundahl, Analouise Keating

Journal of Contemplative Inquiry

We argue that incorporating a yogic pedagogical approach in college classrooms, specifically classrooms that cover issues of race, gender, sexuality, and violence, allows an instructor and thus their students to focus on embodiment and specifically how our bodies hold physical and psychological wounds of oppression while creating new methods to understand oppression more deeply. We suggest that incorporating body awareness practices like yoga into the classroom can promote both personal healing and a deeper understanding of systemic oppression by demonstrating the connections between the two. Body-based pedagogy allows students to think critically, mindfully, holistically, and creatively about responding to injustice …

Advancing Black Youth Justice And Healing Through Contemplative Practices And African Spiritual Wisdom, Michelle C. Chatman

Journal of Contemplative Inquiry

Enduring constructs of inequity seem to perpetually devalue Black youth, casting them as insignificant and disposable. Critical contemplative pedagogy can help us disrupt the damaging narratives and systems that impede youth thriving, while also awakening us to a deeper knowing of justice. In this reflective essay, I offer a reimagining of Black youth through the use of contemplative practices and West African cultural wisdom.

We[Ed] The People: How A Broader Interpretation Of The Rohrabacher-Farr Amendment Effectuates The Changing Social Policy Surrounding Medical Marijuana, Tess A. Chaffee

University of Cincinnati Law Review

No abstract provided.

A Vision Of The Anti-Racist Public Corporation, Steven A. Ramirez

University of Cincinnati Law Review

No abstract provided.

Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Teamchild, And Washington Association Of Criminal Defense Lawyers In Support Of Petitioner, Jessica Levin, Melissa R. Lee, Robert S. Chang, Fred T. Korematsu Center For Law And Equality, Teamchild, Washington Association Of Criminal Defense Lawyers

Fred T. Korematsu Center for Law and Equality

In re the Personal Restraint of Keonte Smith, Petitioner.

Core And Periphery In Constitutional Law, R. George Wright

William & Mary Law Review Online

This paper embarks on an excursion through a number of the most vital constitutional rights cases, and other contexts as well, and seeks to show that the recurring judicial attempts to distinguish between core and peripheral areas within any given broad constitutional right are unnecessary and distracting. Intriguingly, the case for this conclusion varies significantly depending upon the nature of the general constitutional right in question. But the overall lesson is that courts should abandon their attempts to distinguish between core and peripheral areas of any given broad constitutional right. Courts should instead focus—directly or indirectly—on their best assessment of …

Fort Hays State University Tiger Weekly, March 10, 2023, University Relations

Tiger Weekly Newsletters

No abstract provided.

Text Messages Exchanged Between Individuals With Opioid Use Disorder And Their Mhealth E-Coaches: Content Analysis Study, Yerina S Ranjit, Warren M Davis, Andrea Fentem, Raven Riordan, Rikki Roscoe, Patricia Cavazos-Rehg

2020-Current year OA Pubs

BACKGROUND: Opioid use disorder (OUD) has affected 2.2 million people in the United States. About 7.2 million people reported using illicit drugs in 2019, which contributed to over 70,000 overdose deaths. SMS text messaging interventions have been shown to be effective in OUD recovery. However, the interpersonal communication between individuals in OUD treatment and a support team on digital platforms has not been well examined.

OBJECTIVE: This study aims to understand the communication between participants undergoing OUD recovery and their e-coaches by examining the SMS text messages exchanged from the lens of social support and the issues related to OUD …

Access To Justice In The Southeast, Roger V. Skalbeck

Law Conference Materials

“Access to Justice in the Southeast” provides an overview of all Access to Justice Commission organizations in the Southeastern region of the United States. This guide also includes links to statewide legal information platforms, together with descriptions and links to additional region-specific efforts. The guide is supplemented with additional resources, including links to each region’s ABA Free Legal Answers site, when available. The guide was created in conjunction with the 2023 Southeastern Association of Law Libraries conference, held in Richmond, Virginia.

Vol.50 N.33 March 9th 2023, Voice Media Ventures

Black Voice News

No abstract provided.

Elementary School Educators’ Perceptions Of Discipline Policies And The Overrepresentation Of Discipline Outcomes In Urban Settings, William Casey Cooper

Ed.D. Dissertations

Since the formation of schools, schools have developed ways of understanding discipline and ensuring a safe and orderly environment. Governmental personnel began to influence local school policies beginning in 1989, with United States President Ronald Reagan’s War on Drugs campaign. This led to the creation and development of zero-tolerance policies. School districts implemented zero-tolerance policies, which helped lead to the overrepresentation of discipline outcomes (i.e., punishment) among certain demographics. Following the Critical Race Theory theoretical framework, I interviewed 12 participants to determine their perceptions of discipline policies and the overrepresentation of discipline outcomes in urban settings. My participants included elementary …

Unacceptable Risk: The Failure Of Georgia’S “Guilty But Intellectually Disabled” Statute And A Call For Change, Logan Purvis

Georgia Law Review

In 1988, Georgia became the first state in the nation to prohibit the execution of intellectually disabled criminal defendants. At the time, this groundbreaking action played a critical role in shaping the national debate surrounding the criminal justice system’s treatment of this group of individuals, culminating in the United States Supreme Court’s own prohibition in 2002. A drafting error in Georgia’s statute, however, created a highly prejudicial process for determining intellectual disability, all but ensuring that the law’s protections are unattainable for those who seek it. Despite this error, Georgia’s process has remained the same since the statute’s enactment with …

You’Re Out!: Three Strikes Against The Plra’S Three Strikes Rule, Kasey Clark

Georgia Law Review

As federal court caseloads increased in the twentieth century, concerned jurists and academics pointed their fingers at many potential culprits. One culprit in particular, however, caught the attention of Congress: suits brought by prisoners. To curtail what it believed was an influx of frivolous prisoner litigation, Congress passed the Prison Litigation Reform Act (PLRA) in 1996. One provision of the PLRA, known as the “three strikes rule,” prohibits a prisoner from proceeding in forma pauperis if three or more of the prisoner’s prior actions or appeals have been dismissed as frivolous or malicious or for failure to state a claim …

Faithful Execution In The Fifty States, Zachary S. Price

Georgia Law Review

Amid heightened political conflict over criminal-justice policy, norms surrounding prosecutorial discretion have shifted rapidly. Under the prior mainstream approach, prosecutors exercised broad charging discretion, but generally did so tacitly and in case-by-case fashion out of deference to statutory law’s primacy. Under an emerging alternative approach, associated for the moment with progressive politics, prosecutors categorically and transparently suspend enforcement of laws they consider unjust or unwise. The federal government under President Obama employed this theory in high-profile policies relating to marijuana crimes, as well as immigration and the Affordable Care Act. More recently, a number of self-described “progressive prosecutors” have employed …

Don’T Make Them Martyrs: Empowering Children In The Foster Care & Juvenile Justice Systems Through Covid-19 Vaccine Consenting Rights, Victoria Kalumbi

Minnesota Journal of Law & Inequality

No abstract provided.

Minnesota’S Mandatory Court Surcharge And The Failure Of The Fee-For-Service Criminal Justice System, Jake Polinsky

Minnesota Journal of Law & Inequality

No abstract provided.

Beyond The Watchdog: Using Law To Build Trust In The Press, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

Declining trust in the American press has been longstanding and corrosive—both to our information environment and to democracy. It is tempting to think that if journalists could just repeatedly and brilliantly play their key role—that of watchdog—it might be redemptive. But doubling down on the watchdog function holds risks in our polarized climate. Research shows that some conservatives recoil from watchdog journalism, finding it too cynical and politicized.

This essay argues that a different journalistic function—one that has received far less attention and adulation from judges and legal scholars—should be encouraged and amplified. This is the press’s role as a …