Digital Commons Network^™

A Critical Race Critique Of Campus Climate And Belonging For First-Generation Students Of Color At Historically Black Colleges & Predominately White Institutions, Samantha Gale Aaron

Master's Theses and Doctoral Dissertations

The purpose of this research is to assess whether and how higher education campus climate, policy, and practice influence belonging for first-generation students of color. Through the lens of critical race theory, the study further juxtaposes those experiences through the testimony of students at predominantly White institutions (PWIs) and historically Black colleges and universities (HBCUs). Grounded theory informed my qualitative survey and interview tools through which I examined belonging through three standards: social, which explored belonging through peers, groups, and the environment; personal, which explored belonging through the respondent’s thoughts, feelings, and emotions; and institutional, which explored belonging through practice, …

Whose Morals, Exactly? A Critical Evaluation Of The Uk Law Of Obscenity Through A Human Rights Lens, Jake Aston

Plymouth Law Review

No abstract provided.

Law, Literature And A Dream: How Media Influenced My Journey To Law, Sonia Gardi

Plymouth Law Review

No abstract provided.

A Critical Analysis Of The Law On Assisted Suicide In The Uk, Shalini Nandilath

Plymouth Law Review

No abstract provided.

Science And Science Fiction In An Interdisciplinary First-Year Experience Honors Course, John D. Carrell, Robert G. Weiner

Honors in Practice Online Archive

Engineering and pop-culturist instructors team-teach a first-year experience course exploring science through the lenses of history, literature, film, television, and sequential art. Authors present science fiction discourses as unique for synthesizing fields in the humanities and STEM, and they present curricular and co-curricular design strategies for harnessing its potential in the honors classroom. Course objectives and outcomes are presented, with authors noting specific challenges in implementation and emendation. Adaptability and compatibility figure prominently in the successful delivery of the course. A review of literature relating to interdisciplinary education and team-teaching in honors is included.

Democracy's Other Boundary Problem: The Law Of Democratic Disqualification, Tom Ginsburg, Aziz Huq, David Landau

Articles

Almost all national constitutions contain one or more ways to disqualify specific individuals from political office. Indeed, the U.S. Constitution incorporates at least four overlapping pathways toward disqualification. This power of disqualifying specific individuals or groups stands at the heart of the complex project of maintaining democratic rule. In practice, disqualification can work both as an instrument for preserving democratic rule and also as a knife against it. This Article is the first to systematically analyze the complex positive and normative questions raised by disqualification. We offer both a positive account of the function that disqualification plays in constitutional ordering …

Introduction To Criminal Justice, North Carolina Agricultural And Technical State University

Open Educational Resources Syllabus Review

This course is designed to provide freshmen and sophomore students with knowledge of terminology, classification systems, trends, and theories of criminal justice. It will emphasize a critical analysis of course content.

Prosecuting Gender Persecution At The Icc: Definitions, Policies, And Practice, Yvonne Dutton, Milena Sterio

Fordham International Law Journal

No abstract provided.

How Ai Can Learn From The Law: Putting Humans In The Loop Only On Appeal, I. Glenn Cohen, Boris Babic, Sara Gerke, Qiong Xia,, Theodoros Evgeniou, Klaus Wertenbroch

Faculty Scholarly Works

While the literature on putting a “human in the loop” in artificial intelligence (AI) and machine learning (ML) has grown significantly, limited attention has been paid to how human expertise ought to be combined with AI/ML judgments. This design question arises because of the ubiquity and quantity of algorithmic decisions being made today in the face of widespread public reluctance to forgo human expert judgment. To resolve this conflict, we propose that human expert judges be included via appeals processes for review of algorithmic decisions. Thus, the human intervenes only in a limited number of cases and only after an …

Doing Injustice: Exchanging One “Arbitrary, Cruel, And Reckless” Sentencing System For Another, Michael Tonry

Articles

Marvin Frankel’s characterization of American sentencing in Criminal Sentences: Law Without Order remarkably successfully distilled ideas that were in the air and emerging. His main proposals—a sentencing commission, sentencing rules, requirements that judges explain their decisions, and meaningful appellate sentence review—would in a better America go a long way toward establishing the kind of rational, humane, and just process he imagined. Despite some early, partial successes, however, Frankel’s proposals remain largely untested. In retrospect, he underestimated, misunderstood, or chose to ignore formidable political impediments to serious sentencing reform in late twentieth century America. He also largely ignored two intractable problems, …

The Blue Family Constitution, June Carbone

Articles

No abstract provided.

The Partial Success Of Judge Frankel’S Sentencing Commission, Fifty Years On, Richard Frase

Articles

Judge Marvin Frankel’s writings in the early 1970s inspired the creation of sentencing guidelines commissions and guidelines rules in twenty-two state and federal jurisdictions. By the late 1970s Frankel’s tentative proposals had been substantially filled out by other writers and reformers; the two most common guidelines models were adopted by Minnesota (1980) and Pennsylvania (1982). The federal guidelines (1987) have been justly criticized, but most state guidelines have been accepted by judges and other practitioners and observers. This sentencing reform model has also been endorsed by the American Bar Association and the American Law Institute. This essay tells the story …

Crimmigrating Narratives: Examining Third-Party Observations Of Us Detained Immigration Court, Linus Chan

Articles

Examining what we call “crimmigrating narratives,” we show that US immigration court criminalizes non-citizens, cements forms of social control, and dispenses punishment in a non-punitive legal setting. Building on theories of crimmigration and a sociology of narrative, we code, categorize, and describe third-party observations of detained immigration court hearings conducted in Fort Snelling, Minnesota, from July 2018 to June 2019. We identify and investigate structural factors of three key crimmigrating narratives in the courtroom: one based on threats (stories of the non-citizen’s criminal history and perceived danger to society), a second involving deservingness (stories of the non-citizen’s social ties, hardship, …

Appointed Or Elected: How Justices On Elected State Supreme Courts Are Actually Selected, Herbert M. Kritzer

Articles

During at least part of the post–World War II period, the constitutions of thirty-six states called for the popular election of the judges of the states’ highest courts. In practice, only slightly more than half of those judges (excluding strictly interim appointees) initially obtained their positions by election. This article examines the likelihood of initial election in actual practice, how it has varied over time, and various factors that might be related to election versus appointment (e.g., type of election, mandatory retirement). It concludes that state norms play a substantial role in determining patterns of actual selection.

The Court’S Morality Play: The Punishment Lens, Sex, And Abortion, June Carbone, Naomi Cahn

Articles

This Article uncovers the hidden framework for the Supreme Court’s approach to public values, a framework that has shaped—and will continue to shape—the abortion debate. The Court has historically used a “punishment lens” to allow the evolution of moral expression in the public square, without enmeshing the Court itself in the underlying values debate. The punishment lens allows a court to redirect attention by focusing on the penalty rather than the potentially inflammatory subject for which the penalty is being imposed, regardless of whether the subject is contraception, abortion, Medicaid expansion, or pretrial detention.

This Article is unique in discussing …

Adoption And Foster Microaggressions Amidst Covid-19: Pandemic-Related Stress May Increase Negative Judgments Of Others, Mikala A. Grimaldi, Holly A. Grant-Marsney, Ashley A. Hansen-Brown

Modern Psychological Studies

One community that has often been overlooked while facing frequent negative perceptions and stigma is adopted individuals. Prior to the COVID-19 pandemic at the start of this research, we hypothesized that scenarios of individuals from foster and adoptive families would be more likely to be associated with common misrepresentations that emphasize child-like qualities and lower competency compared to non-adopted peers. We surveyed 313 participants through Amazon’s Mechanical Turk, after exclusion criteria, the sample consisted of 217 participants. Although the original hypothesis was not supported, our results indicate that higher pandemic-related stress influences perceptions of entitlement and infantilization towards others regardless …

Virtual Justice: Measuring Perceptions Of Fairness In Civil And Criminal Courts, Kaitlyn Filip, Kat Albrecht

Loyola University Chicago Law Journal

COVID-19 had an instant effect on the court system in the United States as court business ground to a halt and then transitioned to being conducted online. Now the courts have a substantial decision to make concerning how much court business should continue being conducted online and what court business should return entirely to in-person proceedings. Because of the relative recency of digital court modalities, the body of existent research is small. Moreover, the existing universe of law research takes pre-pandemic in-person proceedings as a necessary baseline instead of considering virtual courts as a potential mechanism for improving enduring problems …

Graduate Bulletin 2023-2024, Cuny John Jay College

College Bulletins

Covers academic year 2023-2024

Undergraduate Bulletin 2023-2024, Cuny John Jay College

College Bulletins

Covers academic year 2023-2024

“Silly Anecdotes”: From White Baselines To White Juries In R. V. Chouhan, Joshua Sealy-Harrington

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper explains how the Supreme Court of Canada’s decision in R. v. Chouhan concerning jury impartiality is an illustrative example of “baselines”, or how implicit political positions held by judges govern their legal analysis. It begins with a summary of the background in Chouhan: the issue before the Court (the abolition of peremptory challenges) and how the judgment resolved that issue by constitutionally vindicating the impartiality of systemically white juries (an unfortunate continuation of the Court’s widely critiqued judgment in Kokopenace). Then, the paper analyzes Chouhan through the lens of baselines. First, the paper uses Chouhan to describe what …

Process As Suffering: How U.S. Immigration Court Process And Culture Prevent Substantive Justice, Christopher Levesque, Kimberly Horner, Linus Chan

Articles

In this article, we argue that there is a form of double punishment unique to the immigration court system that attorneys and their noncitizen clients must navigate throughout changing political contexts. The first form of punishment is the court process during removal proceedings, and the second form of punishment is removal from the United States. Our interviews with removal defense attorneys in the U.S. Upper Midwest illustrate how these punishments intersect with one another and push attorneys to adopt strategies that may not lead to winning a case, but intend to protect their clients by losing as slowly as possible. …

Bibliography, Audrey L. Anton

Faculty/Staff Personal Papers

Bibliography of publications by Audrey Anton.

Speech-Language Pathologists' And Speech-Language Therapists' Role Working With Youth In The Juvenile Justice System, Maria Cuza

Honors Undergraduate Theses

The intent of this thesis is to examine and provide insight into how speech-language pathologists and speech-language therapists (SLP/SLT) in Australia (AUS), the United Kingdom (UK), and the United States of America (USA) work with youth in the Juvenile Justice System (JJS). Currently, many youth involved in the JJS struggle with language barriers and need proper services to overcome them. Studies have shown that an SLP/SLT positively affects young people in the system. This study aimed to examine the demographic, educational, and occupational backgrounds of SLPs/SLTs working with youth in the JJS and the services provided to these youth by …

From Constructive Ambiguities To Structural Contradictions: The Twilight Of The Good Friday Agreement, Chris O'Ralaigh

Articles

The Good Friday Agreement contained a series of constructive ambiguities which were critical to ensuring that it received broad cross-political support. These ambiguities were reflective of the balance of political power of the time. Once institutionalized, they contained an immanent potential to morph in to structural contradictions as the re-balancing of demographic and political power in Ireland moved from latent to manifest status. As the Agreement reaches its 25th anniversary, three outstanding structural contradictions are manifesting, prompted by Brexit and the re-introduction of the ‘Irish question’ in to Irish-British relations. The constitutional status of the North of Ireland, the raison …

The Hidden Costs Of Incarceration In Sarasota, Florida, Cayla Pearson

Theses & ETDs

There are many hidden costs associated with incarceration. These costs include commissary, bail, and costs for using the phone while incarcerated. Because of most jails’ financial reliance on kickbacks from private companies, these companies are permitted to determine the prices that families of incarcerated persons must pay in order to support and stay in contact with their incarcerated loved ones. Drawing on Joshua Page et al.’s (2019) idea of “gendered care work and emotional labor” used by bail bondsmen in order to appeal to women’s duty to care for their friends and family and Silvia Federici’s (1974) idea of “labour …

Policy's Place In Pedestrian Infrastructure (Book Review), Michael L. Smith

Faculty Articles

Angie Schmitt's Right of Way: Race, Class, and the Silent Epidemic of Pedestrian Deaths in America delves into the complex, multi-layered phenomenon of how traffic infrastructure and policies systematically disadvantage pedestrians and contribute to thousands of deaths and injuries each year. Despite the breadth of the problem and its often-technical aspects, Schmitt presents the problem in an engaging and approachable manner through a step-by-step analysis combining background, statistics, and anecdotes.

While Right of Way tends to focus on infrastructure design, it offers much for legal scholars, lawyers, and policymakers. Schmitt addresses several policy issues at length in the book. But …

Is Nuisance Abatement "Broken Windows" Policing? Searching For Code Enforcement's Impact On Crime, Shane Diller

West Chester University Doctoral Projects

This study examines possible correlations between city code enforcement strategies and crime rates. Specifically, it asks: Is the work performed daily by city code enforcement departments, a Broken Windows Theory policing strategy?

To understand these possible connections, this study selected 30 medium-sized California cities, identified common elements of their code enforcement operations believed to be representative of how robust or active their programs were. Data was collected using both open-source, internet-based documents (such as budget documents and strategic plans) and from a survey sent directly to code enforcement staff. The survey consisted of 7 questions about code enforcement operations from …

Quality Check: How Good Is Your Emergency Management Program?, Kesley Richardson

West Chester University Doctoral Projects

As the evolution of Emergency Management continues, and the integration of public administration combines more of the shared services model to protect our communities and populations from disasters, we must first assess ourselves. Emergency Management agencies must do more than build capabilities but do so strategically with evidence-based practices and incorporate innovative structural adaptations such as models, strategies, skills, information, assessment, leadership approaches, and more into everyday operation and strategic planning. In coordination with the only Emergency Management accreditation program on the planet, a standardized quantitative assessment will increase a comprehensive understanding of capabilities while strategically supporting programmatic objectives.

This …

The Trap Chronicles Vol. 2: A Call To Reconsider “Risk” In Federal Supervised Release, Lahny Silva

Maryland Law Review

No abstract provided.

Cybersecurity And Data Breach Harms: Theory And Reality, David W. Opderbeck

Maryland Law Review

No abstract provided.