Digital Commons Network^™

How Latino Anti-Blackness Upholds Racism In The United States: A Counterstory Book Review Of Tanya Katerí Hernández’S Racial Innocence, Martín Alberto Gonzalez

Chicano/Latino Studies Faculty Publications and Presentations

In this piece, the author uses counterstorytelling as a research method to write a book review of Tanya Katerí Hernández’s recently published book, Racial Innocence: Unmasking Latino Anti-Black Bias and the Struggle for Equality. Specifically, in this counterstory, the author created two composite characters, Alberto and his mother, Lola, made up of arguments from the book to engage in a real and critical dialogue about the anti-Blackness amongst Latinos in the United States. Drawing on Hernández’s argument that Latino anti-Blackness upholds racism, the author uses this counterstory to illustrate the various ways Latinos enact anti-Black ideologies and practices to …

Building A Culture Of Scholarship With New Clinical Teachers By Writing About Social Justice Lawyering, Susan Bennett, Binny Miller, Michelle Assad, Maria Dooner, Miriam Hinds, Jessica Millward, Citlalli Ochoa, Charles Ross, Anne Schaufele, Caroline Wick

Scholarly Works

No abstract provided.

Community Accountability, M. Eve Hanan, Lydia Nussbaum

Scholarly Works

This Essay takes a close look at how the idea of community accountability is used in current transformative and restorative justice efforts, situating the concept within the history of delegalization, or a collection of different efforts to reclaim conflict resolution and public safety from the state. In fact, these efforts to reclaim the authority and means of redressing harm from legal systems may track earlier efforts to reclaim dispute resolution from the state. In Part I, we situate both transformative and restorative justice movements in the history of delegalization while noting essential differences between the objectives of these two reform …

“Cops Or Coaches?” The Statutory Role Of Juvenile Probation Officers In A Transformative Age, Justin Iverson, David S. Tanenhaus

Scholarly Works

For more than a century, juvenile justice proponents have had a difficult time precisely defining the proper role of the juvenile probation officer while simultaneously stressing that the juvenile probation department is the “workhorse” of the entire system. Existing literature largely focuses on which aspects of policing and social work these officers should embody while ignoring the foundational moorings in state statutes. This Article offers both a historical account of the rise of the juvenile probation officer and a thorough analysis of each state’s laws regarding peace officer status, employing authority, the power of arrest, and the power to carry …

Criminal Law: Cop Tracing, Jonathan Abel

The Judges' Book

No abstract provided.

Prison Litigation: Doctrine And Animus In California’S Covid-19 Prison Litigation, Hadar Aviram

The Judges' Book

No abstract provided.

Misogynistic Extremism: A Scoping Review, Robin O'Hanlon, Frederick L. Altice, Roy Ka-Wei Lee, Jack Laviolette, Gloria Mark, Orestis Papakyriakopoulos, Koustuv Saha, Munmun De Choudhury, Navin Kumar

Publications and Research

In recent years, the concept of “misogynistic extremism” has emerged as a subject of interest among scholars, governments, law enforcement personnel, and the media. Yet a consistent understanding of how misogynistic extremism is defined and conceptualized has not yet emerged. Varying epistemological orientations may contribute to the current conceptual muddle of this topic, reflecting long-standing and on-going challenges with the conceptualization of its individual components. To address the potential impact of misogynistic extremism (i.e., violent attacks), a more precise understanding of what this phenomenon entails is needed. To summarize the existing knowledge base on the nature of misogynistic extremism, this …

A Profile Of Sophomore Inquiry Students Fall 2023, Rowanna L. Carpenter

University Studies Assessment Research

In order to better understand the students who enroll in Sophomore Inquiry (SINQ) courses and begin to identify areas where they may need support, University Studies (UNST) began collecting and compiling data on these students. This report presents a profile of SINQ students from Fall 2022. It presents an overview of all students enrolled in SINQ during Fall 2022 and then summarizes information from the Prior Learning Survey. It is organized around three areas that contribute to student success: academic preparation and concern; financial and physical wellbeing; and connectedness to campus.

Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System The Criminal Legal System, Thalia Gonzalez

Faculty Scholarship

A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system—whether in policing practices or carceral settings—leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement coupled with new threats posed by COVID-19, advocates and academics have increasingly called for race-conscious public health-driven reforms to carcerality in the United States. Recognizing the significance of health to carceral reform, the initiation of a health justice grounded lexicon in criminal justice has opened the doorway to new …

Empowering Victims Of Grand Corruption: An Emerging Trend, Naomi Roht-Arriaza

Faculty Scholarship

Who is the victim of systemic corruption? The traditional answer in law is everyone and no one, or public administration itself. When state funds are misused or go missing, at the most the State is the victim. Therefore, only the State has standing to sue for, or receive restitution of, the stolen assets. But that long-held consensus is changing. Activists and lawyers have begun to argue that under systematic corruption it’s not just states, but individuals and communities as well as society as a whole that suffer losses and need to be both represented and repaired. Courts are beginning to …

Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System, Thalia Gonzalez

Faculty Scholarship

No abstract provided.

The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia Gonzalez, Mara Schiff

Faculty Scholarship

As diverse forms of anti-democratic and anti-inclusionary politics escalate in the United States, public education is increasingly a site for retrenchment and contestation with targeted efforts to silence and erase civil rights victories for equity and access. Addressing a critical, yet unattended issue at the intersection of education law and policy and civil rights, this Article joins with the growing discourse interrogating the “parental rights” movement and racially regressive legislation. Employing a case study analysis of social movement activism and education policy legislation from 2018–2023 in Florida, it aims to provoke critical praxis emanating from essential inquiry— what is the …

Rights Violations As Punishment, Kate Weisburd

Faculty Scholarship

Is punishment generally exempt from the Constitution? That is, can the deprivation of basic constitutional rights—such as the rights to marry, bear children, worship, consult a lawyer, and protest—be imposed as direct punishment for a crime and in lieu of prison, so long as such intrusions are not “cruel and unusual” under the Eighth Amendment? On one hand, such state intrusion on fundamental rights would seem unconstitutional. On the other hand, such intrusions are often less harsh than the restriction of rights inherent in prison. If a judge can sentence someone to life in prison, how can a judge not …

#Blackatcmo: Challenging Charter Schools Through Youth Instagram Counterstories, Madhu Narayanan, Matthew Mccluskey

Educational Leadership and Policy Faculty Publications and Presentations

As protests flared in 2020, Black students took to Instagram to voice their experiences at ‘no-excuses’ Charter Management Organizations (CMOs). Such schools have presented a discourse of high achievement and social justice. Yet, in the span of a few weeks, hundreds of posts on Instagram offered rarely heard counter-narratives of the experience of being a student of Color at such schools. This paper analyzes how social media posts combine online discourse and youth culture to provide insight into the racialized experience of schooling. We show how these posts created distinct visual signatures, co-opted the well-crafted narratives of CMOs, and took …

A Fiduciary Principle Of Policing, Stephen R. Galoob

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Human Rights, Human Duties: Making A Rights-Based Case For Community-Based Restorative Justice,, Aparna Polavarapu

Scholarly Works

Restorative justice is often framed as an alternative to the criminal legal system, and thus justifications of restorative justice tend to be rooted in the language of the criminal system. However, this approach limits our way of thinking about the practice of restorative justice, especially non-state, community-based practices. This Article argues for an independent, rights-based justification to support these community-based practices. By offering an in-depth analysis originating from a rights-based perspective, this Article engages with two underdeveloped areas of scholarly literature and suggests a new way of thinking about the day-to-day practice of restorative justice through a human rights lens. …

Prison Libraries, Intellectual Freedom And Social Justice In Nigeria, Olusegun Adebayo Opesanwo, Oluyomi Abidemi Awofeso Phd

Library Philosophy and Practice (e-journal)

This paper deployed a systematic review to examine prison libraries and intellectual freedom towards attaining social justice in Nigeria. Information resources used cover the periods of 2010 and 2020 to articulate the necessary development in prison libraries, intellectual freedom and social justice in Nigeria. Search engines such as Google scholar, Semantic Scholar, and RefSeek were used to retrieve information and through different queries yielded several results but very few of them were selected to fit in the study due to limited studies directed to address the focus of this study particularly in the Nigeria scenario. Information obtained were subjected to …

Anti-Carceral Theory And Immigration: A View From Two Law School Clinics, Sabrina Balgamwalla, Lauren Bartlett

All Faculty Scholarship

This article explores clinical teaching philosophies related to anti-carceral theory and provides examples of how to support student learning in clinics serving immigrant clients. Anti-carceral theory in this context is used to refer to an approach that resists criminalization and incarceration within law, drawing on abolitionism, intersectional and anti-carceral feminism, and decolonization.

The anti-carceral lens provides framing and language to name the dynamics of social exclusion and discrimination inherent in immigration law. It also allows us to unpack immigration regulation as a series of choices made within the larger context of law enforcement and its systems of surveillance, policing, and …

A Geospatial Analysis Of Crime Hotspots, Campus Safety Measures, And The Campus Community’S Perceived Safety At Murray State University, Rachel Stuckey

Murray State Theses and Dissertations

Murray State University (Murray State) is in far Western Kentucky. Murray State prides itself on being a safe campus for prospective students. In this study spatial analysis was used to analyze the relationship among crime hotspots, campus safety measures, and students’ perception of safety on campus the campus of Murray State. A survey was distributed to students to determine the areas of the campus where students feel safe and unsafe. Geographical Information Systems (GIS) were used to determine the location of crime hotspots over eight years (2014-2022) to measure the spatial relationship between logged crime hotspots and perceived safe and …

How Penalizing Substance Use In Pregnancy Affects Treatment And Research: A Qualitative Examination Of Researchers' Perspectives, Seema K Shah, Leishla Perez-Cardona, Khrystyna Helner, Suena H Massey, Ashish Premkumar, Renee Edwards, Elizabeth S Norton, Cynthia E Rogers, Emily S Miller, Christopher D Smyser, Matthew M Davis, Lauren S Wakschlag

2020-Current year OA Pubs

INTRODUCTION: Laws regulating substance use in pregnancy are changing and may have unintended consequences on scientific efforts to address the opioid epidemic. Yet, how these laws affect care and research is poorly understood.

METHODS: We conducted semi-structured qualitative interviews using purposive and snowball sampling of researchers who have engaged pregnant people experiencing substance use. We explored views on laws governing substance use in pregnancy and legal reform possibilities. Interviews were double coded. Data were examined using thematic analysis.

RESULTS: We interviewed 22 researchers (response rate: 71 per cent) and identified four themes: (i) harms of punitive laws, (ii) negative legal …

Systematic Review Of Necrophilia Aetiology Focusing On The Link Between Childhood Sexual Abuse And Necrophiliac Behaviours, Sophie Foxcroft

Theses : Honours

Sexual attraction to corpses is a disturbing concept to those who do not achieve sexual gratification from the stimuli. Due to this reason, as well as ethical concerns with relations and methods of obtaining, there has been little to no research on correlations between behaviours and psychological concepts. This is especially evident since the 1980s after the bulk of the literature on necrophilia was published. This systematic review looked at the existing literature on necrophilia and, in addition to reviewing the aetiology, aimed to identify cases that included individuals' upbringings and childhoods. Out of all existing literature, only 11 sources …

Obstacles And Efforts To Overcome Them In Protecting Children's Rights Against Violence In Elementary Schools In The Sleman District, Sri Hartini, Fathikah Fauziah Hanum, Anang Priyanto

Jurnal Civics: Media Kajian Kewarganegaraan

The aims of this research are: to identify obstacles in protecting children's rights against violence in elementary schools in Sleman Regency and to describe efforts to overcome obstacles in protecting children's rights against violence in elementary schools in Sleman Regency. This research is a descriptive qualitative research approach. The research subjects were four school principals, three teachers and two education staff. Data collection techniques with interviews and documentation. The technique of checking the validity of the data is done by using cross check data. Inductive data analysis which includes data reduction, categorization and unitization of data, presentation of data and …

The Adaptive Science Communication Model In The Middle Of Vuca Era In Indonesia: Study Of Startup Kok Bisa, Syora Alya Eka Putri, Ricardi S. Adnan

Informasi

This article analyzes the adaptive science communication model in the VUCA era. Previously, the model of science communication developed by scientific institutions and journalists in Indonesia tended to be challenging to understand by the public. Finally, in the development of technology, the model of science communication developed marked by the emergence of various creators who utilize social media. Nevertheless, due to dynamic conditions, the development of science communication models has not been fully adaptive. In previous studies, these conditions due to dynamic challenges due to the lack of public confidence in science and community participation to curate science tend to …

Social Construction Of Law Enforcement For Sexual Violence Against Women In Aceh Utara, Zulkifli Zulkifli, Arief Rahman, Martina Martina, Rizka Mumtiza, Mauliza Risma

Jurnal Civics: Media Kajian Kewarganegaraan

The level and types of sexual violence crimes in Indonesia are increasing and worrying the public. Law enforcement efforts to overcome criminal acts of sexual violence are increasingly being implemented. This study aims to examine the social construction of law enforcement against the crime of sexual violence against women in Aceh Utara. Respondents in the study amounted to 21 people who were selected with accidental sampling. The types of data in the form of primary data and secondary data were analyzed descriptively qualitatively. The results of the study explain that the legal basis used in the law enforcement process of …

Due Process Junior: Competent (Enough) For The Court, Tigan Woolson

Journal of Law and Health

There are many reports presenting expert policy recommendations, and a substantial volume of research supporting them, that detail what should shape and guide statutes for juvenile competency to stand trial. Ohio has adopted provisions consistent with some of these recommendations, which is better protection than relying on case law and the adult statutes, as some states have done. However, the Ohio statute should be considered a work in progress.

Since appeals courts are unlikely to provide meaningful review for the substance of a juvenile competency determination, the need for procedures for ensuring that the determination is initially made in a …

Operating Fund Budget/ Expenditure Summary Report 2022-23, Csusb Budget Office

University Budget Office records

No abstract provided.

Language Issues Of Migrants During The Covid-19 Pandemic: Reimagining Migrant (Linguistic) Integration Programs In (Post-)Pandemic Times, Ariane Macalinga Borlongan

Journal of English and Applied Linguistics

This paper surveys the language issues experienced by migrants during the COVID-19 pandemic and subsequently proposes a (linguistic) integration program for migrants, which is responsive and sensitive to their needs particularly during crises and emergencies. Migrants’ access to disease prevention and health care has been limited, and one of the reasons for this is the language barrier. Likewise, migrants have also voiced out their difficulty communicating with health care providers also because of language. Migrants have also felt isolation because of their inability to reach out to people who could likewise speak their language and they can communicate with. Another …

Neighborhood And Environmental Predictors Of At-Risk And Problem Gambling In Massachusetts, Kendra E. Pugh

Graduate Doctoral Dissertations

Despite the widespread impact and negative effects of problem gambling (PG), limited attention has been paid to the environment where PG occurs. This study investigated the relationship between gambling on lottery and the zip code where gambling occurs, as well as the influence of individual-level characteristics that predict at-risk or problem gambling (AR/PG), among Massachusetts residents. A GIS analysis was conducted to identify vulnerable areas based on neighborhood characteristics, lottery sales, and AR/PG. Overall, residents of disadvantaged areas did not spend more money on lottery or have more lottery agents than residents of less disadvantaged areas. Some indicators of disadvantage …

Living By Religion, Playing By Law: Early Glimpses Of The Ban On Triple Talaq, Kalindi Kokal

Socio-Legal Review

The Supreme Court of India declared triple talaq, a type of Islamic divorce, as unconstitutional in 2017. Following that, in 2019, the Parliament enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalised the pronouncement of triple talaq. Triple talaq as a form of divorce continues to hold legitimacy under the uncodified religious law that Muslims in India abide by in their everyday life. What, then, is the impact of the criminalisation of this practice at the level of the community? What does intervention by the criminal justice system mean for justice in inter-personal disputes that are …

The Majesty And Dignity Of Courts: Changes In Court Dynamics With The Onset Of The Covid-19 Pandemic In India, Rahela Khorakiwala

Socio-Legal Review

The procedures and practices of courts were brought to a sudden halt with the onset of the Covid-19 pandemic. This led to the promulgation of virtual courts where previously known traditions of the courts changed in many ways. The dress code was watered down and the understanding of the majesty and dignity of courts had to be re-established. This paper documents the seismic changes that occurred in virtual courts and how the courts had to keep redefining what contempt meant in the context of virtual courts. It is argued that majesty and theatrics affect the dispensation of justice, so when …