Digital Commons Network^™

Gruel And Unusual: Prison Punishment Diets And The Eighth Amendment, Jackie Cuellar

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

For as long as prisons have existed, food has been used as a mechanism of prisoner control. One of the earliest forms of food as punishment was the aptly named “bread-and-water diet,” providing prisoners with just 700 calories per day. The diet was later deemed cruel and unusual in violation of the Eighth Amendment, but this was far from the last use of food as punishment in prisons. Today, one disciplinary diet persists in correctional facilities across the country—nutraloaf. The exact recipe for nutraloaf varies but typically involves blending together bread, potatoes, non-dairy cheese, beans, fruits, and vegetables, shaping it …

Legal Citations: A Foundation Of Written Advocacy, Douglas E. Abrams

Faculty Publications

The article advanced this formula for achieving effective appellate advocacy: “First, you seek to persuade the court of the merit of the client’s case, to create an emotional empathy for your position. Then you assist the court to reach a conclusion favorable to the client’s interest in terms of the analysis of the law and the procedural posture of the case.”

Reclaiming Establishment: Identity And The ‘Religious Equality Problem’, Faraz Sanei

Law Faculty Scholarship

Since at least 2017, the Court has implicitly recognized a right of equal access to generally available public benefits based on the beneficiary's religious identity or status. In Carson v. Makin (2022), the Court went a step further and, for the first time, concluded that the “status-use distinction lacks a meaningful application” in both theory and practice. It then held that restrictions on the use of public benefits for sacral purposes amount to religious discrimination because they impose substantial burdens on free exercise rights. Carson's holding, and the rationale underlying it, contravene settled case law and effectively gut the Establishment …

Notre Dame Lawyers Connect: November 2022, Notre Dame Law School

Notre Dame Lawyers Connect

Timothy Bradley ’20 J.D. to clerk for U.S. Supreme Court Justice Amy Coney Barrett

Class of 2022 builds on Law School’s strong tradition of securing clerkships

Alumni Spotlights - Chancellor Kathaleen McCormick, Delaware Court of Chancery

Law Homecoming Weekend

HLSA Alumni Banquet

Wrongful Convictions and the Death Penalty in America: A Fireside Chat with Sister Helen Prejean

Peace Through Law Lecture with Judge Theodor Meron

Alumni Notes

• Matthew Dornauer, ‘08 J.D.
• Shahzad “Shazzie” Naseem, ‘00 J.D.
• Judge Cristal Brisco, '06 J.D.
• Alex W. Karasik, ‘15 J.D.

Algorithmic Governance From The Bottom Up, Hannah Bloch-Wehba

Faculty Scholarship

Artificial intelligence and machine learning are both a blessing and a curse for governance. In theory, algorithmic governance makes government more efficient, more accurate, and more fair. But the emergence of automation in governance also rests on public-private collaborations that expand both public and private power, aggravate transparency and accountability gaps, and create significant obstacles for those seeking algorithmic justice. In response, a nascent body of law proposes technocratic policy changes to foster algorithmic accountability, ethics, and transparency.

This Article examines an alternative vision of algorithmic governance, one advanced primarily by social and labor movements instead of technocrats and firms. …

The Impacts Of Compulsory Prison Labor Ballot Initiatives On Pregnant & Postpartum Incarcerated Women Of Color, Candace Bond-Theriault

Center for Gender & Sexuality Law

The 13th Amendment to the United States Constitution purported to abolish the institution of slavery, but it created an exception for compulsory labor performed by people convicted of crimes. In November 2022, voters in Alabama, Vermont, Louisiana, Tennessee, and Oregon will be asked to vote on ballot initiatives that would strike language from their state constitutions that currently allows states to force incarcerated people to perform labor with minimal or no pay.1 This policy brief examines the legal language of these ballot initiatives and evaluates whether each measure, if approved by voters, will actually close the compulsory labor loophole. In …

The Intersecting And Additive Nature Of Vulnerability: Dehumanizing Or Protecting?, Megan Berry-Cohen

Department of Psychology: Dissertations, Theses, and Student Research

Recent research has examined how extra-legal factors such as emotions and stereotypes impact legal judgment decisions regarding traditionally vulnerable populations. Less work has explored not only what makes a group vulnerable, but how people perceive, interpret, and apply that vulnerability. The current research therefore integrates psychological theory and legal models to understand vulnerability and its implications. Three studies examined the roles of various factors, including dehumanization and empathy, in understanding how people respond to vulnerable individuals in general and then to women who have survived sexual violence.

In Experiment 1, I manipulated sex (female vs. male), age (older: 60 years …

Some Cognitive Transformations About The Dynamics Of Desistance, Peggy C. Giordano

Sociology Faculty Publications

This article explores the role of cognitive transformations in the process of desistance from crime. Based on our own and others’ subsequent research, clearly, some aspects of our initial theorizing warrant revisiting and adjustment. The discussion describes changes to ideas about the sequencing of various types of cognitive shifts, suggests the importance of emotional processes in tandem with changes in perspective, and highlights the need to move out of the comfort zone of crime itself when thinking about redefinitions that support desistance. Yet, a consistent notion remains that social and broader structural factors are deeply implicated—directly and indirectly—in all aspects …

Let's Not Do Responsibility Skepticism, Ken M. Levy

Journal Articles

I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal nonresponsibility excuse. Second, a universal nonresponsibility excuse would diminish some of our most deeply held values, further dehumanize criminal, exacerbate mass incarcerations, and cause an even greater number of innocent people (nonwrongdoers) to be punished. Third, while Saul Smilansky's 'illusionist' response to responsibility skeptics - that even if responsibility skepticism is correct, society should maintain a responsibility-realist/retributivist criminal justice system - is generally compelling, it would not work if a majority of society were to convert, theoretically and …

When Cannabis Businesses Fail: Assignment For The Benefit Of Creditors As An Alternative To Bankruptcy, Edward S. Adams

Utah Law Review

Cannabis businesses should keep the ABC in mind if they begin to struggle. As the cannabis industry becomes a greater part of our economy, more practitioners need to be aware of the solutions to risks that come with running a business associated with cannabis. While the federal government appears to have taken a mostly hands-off approach with states with their own regulatory schemes, that does not address the concerns of a failing cannabis business. The ABC addresses those concerns and can serve as a valid substitute for filing for bankruptcy.

Ipulse: November 2022, Lynn University

Student Newspapers

Issues:

• November 2022 [Fall Week #6]: Decriminalizing Artistic Expression; 'The Real Beauty of Life is Orderliness'; Put Yourself First, Not Your Work; Book Nook: We Are Not From Here: The Impact Series Book Club Is a Wild Success; Travel to the Max: Charlenton, S.C.; Is this 7'4'' French Teen the Next #1 Overall Draft Pick?
• November 2022 [Fall Week #7]: Darnell Kirkwood: Marketing Maverick; Shopping on a Budget; Enhance Your Personal Happiness; No Objections; The Million Dollar Betting Man

Patriarchy’S Link To Intimate Partner Violence: Applications To Survivors’ Asylum Claims, Daniel G. Saunders, Tina Jiwatram-Negrón, Natalie Nanasi, Iris Cardenas

Faculty Journal Articles and Book Chapters

Eligibility for asylum for survivors of intimate partner violence (IPV) has recently been contested. We summarize social science evidence to show how such survivors generally meet asylum criteria. Studies consistently show a relationship between patriarchal factors and IPV, thereby establishing a key asylum criterion that women are being persecuted because of their status as women. Empirical support is also provided for other asylum criteria, specifically: patriarchal norms contribute to state actors’ unwillingness to protect survivors, and survivors’ political opinions are linked to an escalation of perpetrators’ violence. The findings have implications for policy reform and supporting individual asylum-seekers.

Development And Validation Of A Goal Attainment Scale For Families Affected By Maternal Substance Use., Danielle F. Chiang, Emily Siedlik, Oneta Templeton

Manuscripts, Articles, Book Chapters and Other Papers

The Team for Infants Exposed to Substance use (TIES) Program is a longstanding home-based family support program that provides a multidisciplinary, community-facing model to address the complex needs of families with young children affected by maternal substance use. The model required a comprehensive assessment tool to guide creation of individualized family goals with steps to achievement and measurement of progress on those goals. This article describes the development of a goal attainment scale and the analysis conducted to validate the scale for the service population. TIES model developers and community partners developed the goal attainment scale to assess outcomes in …

Unprotected But Not Forgotten: A Call To Action To Help Federal Judiciary Employees Address Workplace Sexual Misconduct, Theresa M. Green

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

Federal judiciary employees are not currently protected by Title VII of the Civil Rights Act of 1964—the federal statute that prohibits workplace discrimination, retaliation, and harassment based on, among other things, a person’s sex. In effect, this means federal judiciary employees are not adequately protected from sexual misconduct. Like any workplace, however, sexual harassment is a persistent issue within the federal judiciary, and the current mechanisms to address the abuse are inadequate. This note_comment explores the federal judiciary’s sexual misconduct problem and critiques the only two mechanisms through which a federal judiciary employee can address workplace sexual harassment: the Judicial …

Changing College Graduation Rates Among New York City’S Latino Populations, 1990 - 2020, Laird W. Bergad

Center for Latin American, Caribbean, and Latino Studies

Introduction:

This report examines changing college graduate rates between 1990 and 2020 among all Latinos in New York City and within the five largest population nationalities in 2020: Dominicans, Puerto Ricans, Mexicans, Ecuadorians, and Colombians.

Methods:

All data in this report were derived from the 1990 and 2020 American Community Survey 5-year survey samples found at IPUMS USA found at https://usa.ipums.org/usa/. See Steven Ruggles, Sarah Flood, Ronald Goeken, Megan Schouweiler and Matthew Sobek. IPUMS USA: Version 12.0 [dataset]. Minneapolis, MN: IPUMS, 2022. https://doi.org/10.18128/D010.V12.0 College graduation rates were calculated by the U.S. Census Bureau for the population 25 years of age …

Barriers To The Delivery Of Teen Dating Violence Programs In Urban School And After-School Settings Serving Mexican-Heritage Youth, Heidi Adams Rueda, Lela Rankin Williams, Abigail Vera

Social Work Faculty Publications

Teen dating violence (TDV) is increasingly recognized as a national health priority, impacting overall well-being and school success. However, there are overlooked barriers to TDV program delivery in schools and youth-serving organizations and these are ideal settings to reach youth universally. In this study, we conducted 10 focus groups with school (e.g., administrators, social workers, nurses) and after-school personnel regarding barriers to TDV programming within a large urban community serving predominantly Mexican-heritage youth. Findings offer practice-driven considerations for the implementation of programs within urban communities. These include attention to limited resources, inhibitive and non-existent policies, competing demands, a lack of …

Cannabis Law, Lisa Moran Mcmurdo, Steven D. Forbes, Stewart R. Pollock, Christian F. Tucker

University of Richmond Law Review

On July 1, 2021, Virginia became the sixteenth state to permit recreational use of cannabis. As of 2022, thirty-nine states have legalized the medical use of cannabis, and nineteen states and the District of Columbia have legalized the adult use of cannabis for recreational purposes. “A CBS News/YouGov poll released in April 2022 found that two-thirds of Americans want recreational [cannabis] use to be legalized under federal law and in their own state.” This Article summarizes the history of cannabis regulation and examines the current legal landscape in Virginia governing the possession, cultivation, manufacturing, and sale of cannabis.

Covid-19 And Energy Justice: Utility Bill Relief In Virginia, Joel B. Eisen

University of Richmond Law Review

Energy justice has captured national attention as scholars have spotlighted inequities in energy production and distribution activities, energy and utility regulation, and the clean energy transition. Within this broader context, this Article reflects on the successes and setbacks for the movement toward energy justice through a case study focusing on legislative, executive, and regulatory attempts between 2020 and 2022 to provide relief for Virginia utility customers harmed by the COVID-19 pandemic. The Article begins by defining the problem of energy insecurity and demonstrating that the pandemic exacerbated existing energy insecurity for vulnerable citizens of Virginia. It then traces the efforts …

Tennessee Felon Population Update, November 2022, Tennessee. Department Of Correction.

Felon Population Reports

No abstract provided.

Letting Offenders Choose Their Punishment?, Gilles Grolleau, Murat C. Mungan, Naoufel Mzoughi

Faculty Scholarship

Punishment menus allow offenders to choose the punishment to which they will be subjected from a set of options. We present several behaviorally informed rationales for why punishment menus may serve as effective deterrents, notably by causing people to refrain from entering a calculative mindset; reducing their psychological reactance; causing them to reconsider the reputational impacts of punishment; and reducing suspicions about whether the act is enforced for rent-seeking purposes. We argue that punishment menus can outperform the traditional single punishment if these effects can be harnessed properly. Our observations thus constitute a challenge, based on behavioral arguments, to the …

Developing An Equilibrium Of Protection Of The Right To Privacy And National Security In Terrorism Eradication In Indonesia, Wahyudi Djafar, Muhamad Syauqillah

Journal of Terrorism Studies

Tension between privacy and security is nothing new, however due to the development of information and communication technology use as well as more intensive efforts of terrorism eradication have affected to the increasing level of the conflict. The need for national security is often similar to the situation of state of emergency, which enables the state to conduct several limitations to the implementation of right to privacy. Many states use the said justification and further position the element of national security to be in the superior position compared to the protection of civil liberties, including right to privacy. As …

Deconstruction Of Content As Prevention Of Terrorism: Social Media Study Of The National Agency For Counterterrorism (Bnpt), Febrityas Febrityas, Muhammad Syauqillah

Journal of Terrorism Studies

The role of government and society in social media is urgently needed as a counter-narratives of propaganda from terrorist group to against the spread of narratives of hoax, intolerance, extremism and radicalism. However, there is still a bias in building narratives against terrorist groups. It is necessary to carry out deconstruction efforts to prevent terrorism through the media. This study uses a virtual ethnographic approach to see how far the construction of counter-narratives, counter-propaganda is made by the government, so we can see things that need to be deconstructed. The results of the study show that in some BNPT social …

Ex-Terrorists Reintegration Programs On Conditional Release Period By Formers Foundation Yayasan Lingkar Perdamaian (Ylp), Nidia Masithoh, Sapto Priyanto, Muhammad Syauqillah

Journal of Terrorism Studies

Ex-terrorist reintegration must be carried out in an integrated way from in-prison empowerments with post-release program initiatives. The involvement of formers in reintegration has received considerable attention in recent years. The involvement of formers foundations in the assistance and supervision is to build a social support to prevent recidivism. Usually, ex-terrorist experience inherent post-release risks and challenges such as stigmatization, mistrust and socioeconomic exclusions. Transition period is a crucial in determining the success of prevention program. Formers foundation initiates community-based assistance and supervision by encouraging financial independence, changing perspectives towards moderation through discussion and dialogue and ensuring community acceptance in …

Terrorism Violence: Assessing The Impact Of Education Programs Through Mass Media On The Adoption Of Security Measures In Burkina Faso, Marie Madeleine Ouoba, Emmanuel Lompo

Journal of Terrorism Studies

This paper investigates the impact of mass media education programs (MEP) on the adoption of security measures in the context of terrorism in Burkina Faso. We collected information using questionnaires and key informant interviews in Ouagadougou, Burkina Faso. The results suggest that individuals who were educated on terrorism through MEP display higher intentions to adopt security measures and tend to have positive attitudes toward the role of media in fighting terrorism violence.

School Leadership Behaviors And Practices, Teacher Turnover, And Teacher Retention In The United Arab Emirates: A Triangulation Approach, Ayeda Abdulla Al Shebli

Dissertations

School leadership and school leaders' behaviors and practices can significantly affect the behavior of teachers. Retaining teachers in the teaching profession is important. Unfortunately, many teachers around the world have left or are deciding to leave this profession, a phenomenon called “teacher turnover”. High teacher turnover affects the overall quality of teaching and learning. Based on 2015 data from the Organization for Economic Co-operation and Development, teacher turnover is high in the United Arab Emirates. There are many factors that contribute to teacher turnover. This study investigated the factors affecting teachers' turnover by exploring the role of school leadership behaviors …

Quantifying Pain: A Ratio Of Cortisol, Substance P, And Pituitary Adenylate Cyclase-Activating Polypeptide As Biomarkers For Pain In Animal Cruelty And Neglect, Danielle Sherer

Master's Theses

Understanding the relationship between cortisol, Substance P, and PACAP during experienced pain and recovery, as well as the contrast between expression levels and serum levels, will provide an objective measure of pain and suffering to aid in the prosecution of animal cruelty and neglect cases.

There is no consensus at this time as to a recognized biomarker for pain experienced by an animal. Cortisol, Substance P, and Pituitary Adenylate Cyclase-Activating Peptide (PACAP) have been investigated separately in various animal and human studies with regard to stress, pain, and injury. Cortisol is a steroid hormone in the glucocorticoid class that has …

Title Ix: A Discovery Of Its Failure To Protect Students From Sexual Harassment And Assault, Delaney Ferrer

Honors Capstones

No abstract provided.

Why Do The Police Reject Counseling? An Examination Of Necessary Changes To Police Subculture. Necessary Changes To Police Subculture., Noel Otu, Ntiense E. Otu

Criminal Justice Faculty Publications

This paper reviews the concept of police subculture and examines its role in the management and acceptance of treatment for stress-related injury. In particular, we examine the impact of stigma that attaches to treatment within this subculture. The persistence of the dominant police subculture remains a significant obstacle to officers seeking treatment for stress-related illnesses. The subculture has historically resisted acknowledging the need for treatment in response to the occupational and/or organizational stress-related injury that results from frequent exposure to work-related trauma. Many police administrators are still embedded within and resist changes to the subculture, which results in an atmosphere …

Understanding Deviance And Victimization In Cyber Space Among Diverse Populations, Insun Park

International Journal of Cybersecurity Intelligence & Cybercrime

Recent years have witnessed a growing academic interest in deviance and victimization in the cyber space. The current issue of the International Journal of Cybersecurity Intelligence and Cybercrime features three empirical research articles on online behavior of traditionally under-researched populations and a review of much waited book on digital forensics and investigation. This paper was prepared to introduce these important scholarly works in the context of newly emerging scholarship that focuses on the experiences of diverse subgroups in cyberspace.

Aggressive Reality Docuseries And Cyberbullying: A Partial Test Of Glaser’S Differential Identification Theory, J. Ra’Chel Fowler, Darren R. Beneby, Kenethia L. Fuller

International Journal of Cybersecurity Intelligence & Cybercrime

Reality docuseries have dominated primetime airwaves for the greater part of three decades. However, little is known about how viewers who are enamored with the genre’s most aggressive characters are influenced. Using Glaser’s (1956) theory of differential identification, this study employs survey data from 210 college students at a historically Black college and university to explore whether identification with characters from aggressive reality docuseries (ARDs) and the frequency of viewing ARD are positively associated with cyberbullying. Results of multivariate analyses revealed that men were more likely than women to publicly shame others and air other’s dirty laundry online. Additionally, the …