Digital Commons Network^™

The Pathological Whiteness Of Prosecution, India Thusi

Articles by Maurer Faculty

Criminal law scholarship suffers from a Whiteness problem. While scholars appear to be increasingly concerned with the racial disparities within the criminal legal system, the scholarship’s focus tends to be on the marginalized communities and the various discriminatory outcomes they experience as a result of the system. Scholars frequently mention racial bias in the criminal legal system and mass incarceration, the lexical descendent of overcriminalization. However, the scholarship often fails to consider the roles Whiteness and White supremacy play as the underlying logics and norms driving much of the bias in the system.

This Article examines the ways that Whiteness …

Teacher Beliefs In Title I Schools Compared To Teacher Beliefs In Nontitle I Schools, Tammy Rene Nolan

Doctoral Dissertations and Projects

The purpose of this multiple case study was to discover and compare teacher beliefs of elementary teachers in Title I schools to elementary teachers in Non-title I schools. Two theories guided this study, Kegan’s Constructive Development Theory (CDT) and Bandura’s Theory of Self-Efficacy. Together the two theories provided a framework for how adults think and form beliefs that influence their decisions and behaviors. This qualitative research sought to answer the following questions: What do elementary teachers in Title I schools believe about themselves as teachers, compared to what elementary teachers in Nontitle I schools believe about themselves as teachers? What …

Empowering The Courts To Order The Use Of Amicable Dispute Resolution: The Singapore Rules Of Court 2021, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

The civil justice regime in Singapore entered a new phase of radical reforms with effect from 1 April 2022. The reforms have substantially expanded the role of amicable dispute resolution (ADR). Parties have a duty to consider ADR prior to and during civil proceedings. More significantly, the courts have been empowered to order parties to attempt ADR, taking into account the ideals of the Rules of Court and all relevant circumstances. This note analyses the key reforms relating to the use of ADR with reference to comparable English developments. It discusses the broad yet ambivalent scope of ADR that could …

Elements Of Social Disorganization And Environmental Criminology: A Spatial Analysis Of Homicides In Villa Nueva, Guatemala, David J. Topel

Dissertations, Theses, and Capstone Projects

This study seeks to integrate the main spatial theories of crime, social disorganization, and routine activities theories while investigating the spatial dimension of homicides in Villa Nueva, Guatemala. Empirical relationships at a small unit of analysis, the natural cadaster blocks as defined by the municipality offer a more appropriate unit of analysis for the context of the city. While there is a robust body of work in developed nations synthetizing social disorganization and routine activities theories, the exploration of criminological theory integration and the use of the smallest unit of analysis still needs the addition of empirical research in Latin …

Practicing Abolition: A Digital Roundtable On Abolitionist Pedagogy, Samantha Lilienfeld

Dissertations, Theses, and Capstone Projects

This capstone project explores education and pedagogy as sites for abolitionist practice, and approaches abolitionism as a method by building on the idea of abolition democracy. Using the framework of abolition as a pedagogical practice, I see teaching and learning as urgent tasks of contemporary abolitionism. My project integrates research and scholarship on the abolition of prisons and policing with practices of pedagogy, in part by thinking interdisciplinarily with students and scholars working within CUNY. Practicing Abolition: A Digital Roundtable on Abolitionist Pedagogy incorporates voices from students and scholars about how they practice abolitionist pedagogy in higher education by presenting …

Community Violence Intervention At The Roots (Cvi–R), Katheryne Pugliese, Paul Oder, Talib Hudson, Jeffrey A. Butts

Publications and Research

The crime and justice field recently started to label a wide array of violence prevention strategies as Community Violence Interventions. Many of these strategies depend on law enforcement and social services, but the most innovative approaches are community-centered and community-sourced. They are grassroots efforts that rely on the resources of neighborhoods and residents themselves, operating separately from law enforcement and traditional human services. Researchers from the John Jay College Research and Evaluation Center reviewed the history of community violence intervention strategies that operate at the grassroots level (or CVI-R) and examined evaluations of several community-centered approaches, providing recommendations for researchers …

Creating Safe Schools: An Exploratory Study Of Educator Perspective On Student Behavior And Restorative Practices In Schools Implementation, Rachel Danielle Vargas

Electronic Theses and Dissertations

Restorative practices in schools (RPS) is an Integrated Student Support process that many U.S. K-12 schools utilize to combat student behavior and racial disparities against students. Initial research suggests that RPS is a successful tool to drop suspension rates, create safe school environments, and help students stay engaged in school. However, there is not sufficient empirical evidence to support a successful implementation model, leading to mixed results and opinions about the effectiveness of RPS. The purpose of this study was to explore the program processes of RPS and determine effective implementation strategies that lead to successful student outcomes. Data were …

Impeachment In A System Of Checks And Balances, Keith E. Whittington

Missouri Law Review

Measured by any yardstick, it is hard to think that the first impeachment of President Donald Trump was particularly successful. But there are important broader questions raised particularly by the first Trump impeachment that have significance for how we think about the impeachment power moving forward. If future impeachment efforts are to be more successful, or even useful, Congress will have to understand the nature of the constitutional task that it is undertaking.

From Housewives And Mothers To Mules: The Case Of Latin American Women Prisoners In Spain, Joaquina Castillo-Algarra, Marta Ruiz-García

Journal of International Women's Studies

Latin American women play a key role in the international cocaine business as couriers or mules. Beginning from theoretical perspectives that explain the relationship between criminality and gender, we analyze why women without a criminal background become criminals, how they become involved in trafficking, their positions and functions in the criminal organization, and the risks and benefits of their participation. Qualitative fieldwork was carried out based on in-depth interviews with fifty-one female inmates and twenty members of prison staff from nine Spanish prisons. A thematic analysis has been carried out based on this data. The results reveal that the prevalent …

"Abayomi, We Are The Revolution": Women's Rights And Samba At Rio De Janeiro, Paula Dürks Cassol

Journal of International Women's Studies

The advent of the feminist movement in the twentieth century made it possible for socially organized women to begin seeking for the recognition of their rights and the change of gender roles which were socially built. Women’s rights started to be recognized as a human right. However, criteria of race and class have always been relevant, and have provided privileged positions for white women in the pursuit and attainment of rights, while black women continue to be stigmatized, remaining in the base of the social pyramid. In this regard, this paper questions: What is the relation between feminism and the …

Examination Of The Reconciliation Movement In The Canadian Cultural Genocide, Yeju Choi

Proceedings of the annual meeting of the Southern Anthropological Society

No abstract provided.

Mapping Social Network Influences Of Recovering Filipino Drug Users In Community-Based Drug Rehabilitation, Jason O. Manaois, Ma. Regina M. Hechanova, Maria Regina Justina E. Estuar

Social Transformations Journal of the Global South

This study examined structural changes in social network influences of recovering drug users. Anchored on the theory of social influences and social network, recovering drug users’ social network interactions were mapped out using social network analysis (SNA). This study utilized exploratory sequential mixed method design. A focused group discussion (n = 12) using the name generator approach was conducted to develop a survey of the recovering drug users’ social network influences. This survey was administered pre- and post-community–based drug rehabilitation (n = 52). Results of the SNA show that members of the drug users’ immediate families, their friends, and their …

2022 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Michael J. Burstein, Vice Dean, Professor of Law, Herald

Presiding:

Selma Botman, Provost and Vice President for Academic Affairs, Yeshiva University, Chief Marshal

Rabbi Dr. Ari Berman, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Welcome Remarks:

Melanie Leslie, Dean, Benjamin N. Cardozo School of Law; Class of 1991

Commencement Address:

Judge Eunice C. Lee, United States Court of Appeals for the Second Circuit

Student Remarks:

Elisabeth Bauriedl, LL.M. Class Speaker; Class of 2022

Madison Chajson, J.D. Class Speaker; Class of 2022

Student Bar Association Awards:

Nigel A. Pura-Bryant, Class of 2022 …

Exploring The Impact Of Stress On Healthcare Student Competency: A Cognitive Model For Self-Regulating Performance During High-Stakes Scenarios, Michael J. Teachey

Critical and Creative Thinking Capstones Collection

Stress and anxiety are part of healthcare and are experienced not only by patients but also by clinicians. This work explores an issue prevalent in healthcare education, outlining the detrimental effects of stress-induced anxiety on student performance during practical assessments. Included in this paper are the research and investigative details that elaborate on the process taken towards resolving the issue. Research conducted in the fields of education, law, and medicine is used to explore how these areas address stress with regard to performance. Through the various processes of research and engagement, this action research project uncovers the underlying issue of …

Longitudinal Patterns Of Suicidality Among Heroin Users In Johannesburg, South Africa: A Need For Suicide Screening And Intervention, Nirvana Morgan, Ellen-Ge Denton, Ugasvaree Subramaney, William Daniels, Tilman Steinert

Publications and Research

Objectives: The objective of the study was to longitudinally assess the outcomes and correlates of suicidal ideation and behavior (SIB) among heroin users who attended inpatient detoxification and psychosocial rehabilitation. SIB was assessed in 300 heroin users upon entry into inpatient detoxification (baseline) as well as 3-months (t1) (n = 252; 84%) and 9-months (t2) (n = 225; 75%) post treatment. Multivariable logistic regression was used to determine the demographic, clinical and treatment related factors that increased the risk for a high SIB score.

Results: From baseline to t1 there was a significant decrease in the proportion of …

A Gesture Of Criminal Law: Jews And The Criminalization Of Hate Speech In Canada, Kenneth Grad

Osgoode Hall Law Journal

In June 2020, the fiftieth anniversary of the criminalization of hate speech in Canada passed with little notice. Since their enactment in 1970, the hate-speech provisions in the Criminal Code have seldomly been enforced. They are commonly viewed as ineffective. In light of this half-century of experience, it is beneficial to re-examine the history of the criminalization of hate speech for lessons this story may hold. This article does so by exploring the genesis of the legislation from the perspective of the Canadian Jewish community. It focuses on the Jewish community because Canadian Jewry—especially the Canadian Jewish Congress—was the primary …

The Coercion Of The Trial Penalty, Kristen C. Akin

Student Theses

Prosecutors, defendants, and defense attorneys must make decisions as to whether to accept a plea offer or proceed to trial every day. Approximately 95% of state and federal convictions result from guilty pleas (Redlich et al., 2017; Thaxton, 2013; Gazal-Ayal & Tor, 2012; Redlich & Shteynberg, 2016; Edkins, 2011; Weatherly & Kehn, 2013; Helm et al., 2018; Gregory et al., 1978). Some estimate this number to be as high as 97% to 99% (Redlich & Bonventre, 2015; Helm et al., 2018). It is also estimated that every two seconds a defendant pleads guilty (Redlich & Bonventre, 2015). In 1980, 19% …

Elisa Validation Method For The Detection Of Ketamine In Hair, Daria A. Centonza

Student Theses

An ELISA method was developed and validated to detect ketamine in human hair samples. Ketamine is an anesthetic drug that causes memory loss, dissociative sensations, and hallucinations. Due to these adverse effects, ketamine is a common drug used in drug facilitated sexual assaults (DFSAs). It is very important to be able to detect the substances used in DFSAs over a longer period of time due to the delayed reporting of these crimes. Victims, often out of fear and from the sedative/memory loss effects of the drugs, tend to report these crimes when it is too late to use urine and …

Implicating The System: Judicial Discourses In The Sentencing Of Indigenous Women By Elspeth Kaiser- Derrick, Arunita Das

Osgoode Hall Law Journal

In Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women, Elspeth Kaiser-Derrick critically engages with sentencing decisions involving Indigenous women and the application of Gladue reports during sentencing. With an impressive selection of pre-sentence reports and case law, Kaiser-Derrick examines how the histories of victimization are recorded and filtered through legal narratives.

Must Be Present To Win: Principals' Perspectives On Exclusionary Discipline, William Jeremy Cohen

Dissertations and Theses

One of the persistent challenges in United States elementary schools is the ongoing use of exclusionary discipline practices. In Oregon, despite the application of a number of legal and policy shifts intended to reduce the use of suspension and expulsion in K-5 and K-8 schools, particularly for students of color, there continues to be an increase year-to-year of the number of students being excluded, the percentage of students excluded, and an increasingly disproportionate use of exclusion for students of color. Although the research shows that removing students from the learning environment does not improve student behavior nor improve overall school …

The Antecedents And Consequences Of Individual Adaptive Performance: A Systematic Literature Study, Widya Nandini, Aurik Gustomo, Dedy Sushandoyo

BISNIS & BIROKRASI: Jurnal Ilmu Administrasi dan Organisasi

The emergence of industry 4.0 and the dynamic changes in the market have urged organizations to be more agile. An organization demands that its employees have a high adaptive performance to be agile. Existing research on individual adaptive performance, however, emerges from various contexts, including the context of an employee’s develop-ment process and organizational capabilities. Thus, a systematic literature study to identify the topics addressed in the existing studies and the research gap as the foundation for future research direction is scarce and needed. This study analyzes fifty-nine highly relevant papers based on the topics and research approaches/methods. From the …

“Put It In Your Toolbox”: How Vocational Programs Support Formerly Incarcerated Persons Through Reentry, Katelynn Towne, Michael Campagna, Ryan E. Spohn, Amber Richey

Criminology and Criminal Justice Faculty Publications

This study utilized life story interviews with 21 formerly incarcerated individuals to examine the role vocational reentry programming played in the desistance process. We begin with a review of theories of desistance and the state of reentry programs. A thematic analysis revealed that providers assisted individuals to understand their behavioral trajectories and to take steps toward desistance. Further, participants felt empowered by program provided social support, developed strategies to overcome employment barriers, and held resilient and optimistic attitudes in changing their identities and behavioral trajectories. We conclude with a discussion on how these findings can inform desistance theory and reentry …

Can Islamic Law Principles Regarding Settlement Of Criminal Disputes Solve The Problem Of The U.S. Mass Incarceration?, Amin R. Yacoub, Becky Briggs

Pepperdine Dispute Resolution Law Journal

The mass incarceration crisis in the United States (US) remains a vexing issue to this day. Although the US incarcerated population has decreased by twenty-five percent amid the COVID-19 pandemic, the US remains a leading country in the number of incarcerated people per capita. Focusing on Islamic law principles governing settlement in criminal cases, the rehabilitative approach of the Icelandic criminal justice model, and the powerful role of prosecutors in serving justice, this research argues that integrating settlement and mediation into the prosecutorial proceedings will significantly reduce mass incarceration in the US.

Endless Pursuit: Capturing Technology At The Intersection Of The First Amendment And Attorney Advertising, Jan L. Jacobowitz, Gayland O. Hethcoat Ii

Journal of Technology Law & Policy

This Article focuses on the Florida Bar’s attempt to wrestle with this question in regulating attorney advertising. Among state bars, the Florida Bar has been a pioneer in regulating advertising, especially with respect to new technology. The Bar’s efforts have been years in the making, but only until recently did constitutional considerations percolate to the forefront as the Bar faced litigation threats, and federal courts issued opinions expounding on attorneys’ First Amendment rights. With the release of a proposed new code of advertising rules that is sure to draw the attention of other bars across the country, moreover, questions have …

Cyberbullying: Adaptation From The Old School Sandlot To The 21st Century World Wide Web—The Court System And Technology Law's Race To Keep Pace, Andrew B. Carrabis, Seth D. Haimovitch

Journal of Technology Law & Policy

No abstract provided.

The Legal, Financial, And Ethical Implications Of Online Medical Consultations, Regina A. Bailey

Journal of Technology Law & Policy

With the widespread availability and use of the Internet in today’s society, physicians have started communicating virtually with their patients, even conducting online medical consultations. However, there are many barriers to using the technology of online medical consultations to its full capabilities.

First, many doctors are consulting with patients that they have no established relationship with and have never examined. These doctors are diagnosing ailments, providing a treatment plan, and in some situations, prescribing medication. Diagnosing and treating a patient that you have never examined can be very dangerous, and can place the doctor in significant potential for malpractice liability. …

The Unblinking Eye Turns To Appellate Law: Cameras In Trial Courtrooms And Their Effect On Appellate Law, Mary E. Adkins

Journal of Technology Law & Policy

This Article will discuss the likely implications of complete, gavel-to-gavel audio and video trial court recordings on the appellate record; on standards of review including appellate review of evidentiary rulings and witness credibility; and on distinctions between appeals and collateral actions.

Minutes 2020-2021, Bowling Green State University. Administrative Staff Council

Administrative Staff Council

The records of the Administrative Staff Council (UA-022) are available in print in the Center for Archival Collections.

Entities: A Field Of Imaginary Games, Thrasyvoulos Ioannis Kalaitzidis

LSU Master's Theses

With this body of work, I am looking for visual symbols that help communicate unuttered meanings through storytelling and stimulate an affectual response to the viewer. This exploration is presented in two different forms: a surreal sculptural installation and a board game. The installation consists of large-scale sculptures made from light and soft materials (polyurethane foam, plastic waste, paper) that are available to move inside the gallery, while the board game is presented as a set of 3D prints with instructions on how the participants can play it. The materials used in the installation suggest a way to transform waste …

False Positives And Secure Flight Using Dataveillance When Viewed Through The Ever Increasing Likelihood Of Identity Theft, Stephen W. Dummer

Journal of Technology Law & Policy

No abstract provided.