Digital Commons Network^™

Illegal Exactions, Renee Burbank

Tennessee Law Review

Illegal exactions, or unlawful exactions, are an amorphous category of government activities with two unifying characteristics: (1) the government acts in its sovereign capacity but beyond its authority, and (2) its action enriches the government at a person's or organization's expense. The law of illegal exactions has developed through infrequent clusters of cases over 150 years, without substantial academic evaluation or discourse. The case law, thus, often lacks theoretical coherence. Lacking a single defining framework to use, courts have borrowed from torts, Fifth Amendment takings, and due process claims to define the scope of illegal exactions. Although it is an …

Righteous Indignation: Prosecutorial Misconduct, Brady, And The Cognitive Limits Of Self-Policing, Jonathan Harwell, Marshall Jensen, Sarah Heath Olesiuk, Sally B. Seraphin

Tennessee Law Review

No abstract provided.

Why The Dea & Not The Fda? Revisiting The Regulation Of Potentially Addictive Substances, Taleed El-Sabawi

Faculty Publications

In addressing the opioid overdose crisis, Congress has explicitly questioned its historic reliance on a criminal justice approach to problem drug use and has instead adopted a more health-oriented approach. Despite Congress' rhetoric, the DEA, a criminal justice agency, continues to retain the power to make key decisions on the classification of potentially-addictive substances, thereby affecting their manufacture, distribution, and overall availability. While the DEA is statutorily required to defer to the Food and Drug Administration (“FDA”), a public health agency, at junctions of the decision-making process, the current “split enforcement” scheme laid out in the statutes has not actualized …

Protecting Youth From Themselves: The Overcriminalization Of Consensual Sexual Behavior Between Adolescents, Jean Strout, Divya Vasudevan, Riya Saha Shah

Children's Legal Rights Journal

No abstract provided.

The Educator's Role In Human Trafficking Prevention: From The Trafficking Victims Prevention Act Of 2000 To California's Human Trafficking Prevention Education And Training Act Of 2017, Kurt A. Didier, Rachel G. Salas

Children's Legal Rights Journal

No abstract provided.

How Much Responsibility Can We Give Twelve-Year-Olds? An Analysis Of The Phillipines' Proposed Lowering Of The Minimum Age Of Criminal Responsibility, Olivia Alden

Children's Legal Rights Journal

No abstract provided.

The Increasingly Covert And Invasive Surveillance Of Students And Its Visible Role In The Student-To-Prison Pipeline, Andy Froelich

Children's Legal Rights Journal

No abstract provided.

The Pulse: College Of Health Sciences E-Newsletter, Irvin B. Harrell (Editor)

Ellmer College of Health Sciences Newsletters

January 2020 issue of Old Dominion University's College of Health Sciences Newsletter.

Arnold Loewy, Ernesto Miranda, Earl Warren, And Donald Trump: Confessions And The Fifth Amendment, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Impacted Youth: Why School Psychologists Need To Consider Diverse Approaches Of Support, L. Morgan Beidleman

Electronic Theses and Dissertations

This paper examines trends among youth who are highly impacted by multiple adverse experiences. It outlines potential patterns of risk and protective factors often experienced by this population and encourages school psychologists to recognize, consider, and advocate for the needs of these youth. It goes on to describe and interpret the cultural practices of Leadership Coffeehouse, a Denver-based social enterprise that seeks to support disconnected youth through professional development and hands-on learning. Finally, because of the unique training school psychologists receive, considerations for expanding the role into non-traditional educational settings are proposed.

Restorative Justice Conferencing Programs Fy 2015-2020, Ana Cienfuegos-Silvera, Anne M. Hobbs, Lindsey Wylie, Juvenile Justice Institute, University Of Nebraska At Omaha

Reports

Restorative Justice, generally considered an alternative method for addressing conflict, is based on the principles of participation, accountability, reparation, and reintegration (Latimer, Dowden & Muise, 2005). One such restorative justice practice is Victim-Youth Conferencing (VYC), which brings the victim, offender, and other stakeholders into a facilitated and constructive dialogue about the offense and its consequences, and a potential, acceptable outcome to repair the damage caused (Zinsstag & Vanfraechem, 2012; Rodriguez, 2007). Restorative conferencing programs have demonstrated recidivism reduction (de Beus & Rodriguez, 2007; Hayes, 2004; Nugent, Umbreit, Wiinmaki & Paddock, 2001). Results from a quasi-experimental study suggest that these effects …

President's Report (2-26-2020), California State University, San Bernardino

President’s Office records

No abstract provided.

2019-2020 Undergraduate Catalog, Sacred Heart University

Graduate & Undergraduate Catalogs

No abstract provided.

University Of Texas At Tyler Course Catalog, 2020 - 2021, University Of Texas At Tyler

Catalogs

No abstract provided.

Potential Applications Of Microrna Profiling To Forensic Investigations, Claire L. Glynn

Forensic Science Publications

Within the forensic science community, there is a continued push to develop novel tools to aid in criminal investigations. microRNA (miRNA) analysis has been the focus of many researcher’s attention in the biomedical field since its discovery in 1993; however, the forensic application of miRNA analysis has only been suggested within the last 10 years and has been gaining considerable traction recently. The primary focus of the forensic application of miRNA analysis has been on body fluid identification to provide confirmatory universal analysis of unknown biological stains obtained from crime scenes or evidence items. There are, however, other forensic applications …

Virginia Commonwealth University Professional Bulletin [2020], Virginia Commonwealth University

VCU Bulletins

Professional programs bulletin for Virginia Commonwealth University for the academic year 2020-2021. It includes information on academic regulations, degree requirements, course offerings, faculty, academic calendar, and tuition and expenses.

The Broad Scope And Variation Of Monetary Sanctions: Evidence From Eight States, Sarah Shannon, Beth Huebner, Alexes Harris, Karin Martin, Mary Patillo, Becky Pettit, Bryan Sykes, Christopher Uggen

Criminology and Criminal Justice Faculty Works

Monetary sanctions have long been a part of the U.S. criminal justice system but have received increasing attention from the public as well as legal scholars and social science research in recent years. This essay describes initial findings from the Multi-State Study of Monetary Sanctions, a multi-method study designed to build on the prior research on legal financial obligations (LFOs) by examining the multi-tiered systems of monetary sanctions operating within eight states representing key regions of the United States (California, Georgia, Illinois, Minnesota, Missouri, New York, Texas and Washington). Our research explores the constantly changing legal environment and documents how …

A Call To Change: Rebuilding Relationships And Addressing Injustice, Brittany Pickard, Kailee Jenness, Lexi Van Surksum, Tori Conner

Student Projects

The goal of this community project was to initiate conversation and bring awareness to the gap between the local Orange City Police Department and persons of color. Through research, the organizers recognized a need for relationship rebuilding in Orange City, Iowa, and strived to do this through the means of community participation. The organizers have collected stories from community members and worked to represent individuals who have been underrepresented. Through this process, the organizers created a petition to provide tangible proof for the police department that members within the community strive to rebuild relationships and address racial injustice.

Spectrum, 2020, Northwestern College

Spectrum literary magazine

Literary journal

Civil Rights In Living Color, Vinay Harpalani

Faculty Scholarship

This Article will examine how American civil rights law has treated “color” discrimination and differentiated it from “race” discrimination. It is a comprehensive analysis of the changing legal meaning of “color” discrimination throughout American history. The Article will cover views of “color” in the antebellum era, Reconstruction laws, early equal protection cases, the U.S. Census, modern civil rights statutes, and in People v. Bridgeforth—a landmark 2016 ruling by the New York Court of Appeals. First, the Article will lay out the complex relationship between race and color and discuss the phenomenon of colorism—oppression based on skin color—as differentiated from …

What Happened To My Son: Parent Perspectives Of African American Male Students And Their Out-Of-School Suspensions During Middle School, Faith Ivey

Master's Theses and Doctoral Dissertations

The purpose of this study was to gain and examine the parent and caretaker perspectives of African American male students and their out-of-school suspensions during middle school. African American male students are similar to an archipelago; although this group of students are a part of the school, they are slowly drifting away. The participants in this study included six African American parents from Midwestern Michigan whose sons did not primarily experience out-of-school suspensions prior to middle school. All of the participants voluntarily provided candid insight and background information on their son’s agency and school experience. The parents also provided school-related …

Positive Behavioral Interventions And Supports In A West Virginia Juvenile Justice School: A Case Study, Johnathan Matthew Baldwin

Theses, Dissertations and Capstones

This study investigated the differences in student behavior, participation, and achievement after the implementation of a PBIS at one juvenile justice facility in West Virginia. Teacher and correctional officer perceptions of PBIS were also examined. Data were collected from student refusal reports, report cards, incident reports, and teacher and correctional officer interviews. Student achievement in math and English language arts, following the implementation of PBIS, improved as the percentage of D and F grades decreased while the numbers of A and B grades increased between 2016-17 and 2018-19. One-sample t-Test results for first semester and second semester math and ELA …

Supporting Successful Community Reintegration For Maricopa Reentry Center Residentsjustine, Justine C. Gonzales

OT Student Capstones

In 2018, the combined state and federal imprisonment rate was 431 sentenced prisoners per 100,000 U.S. residents (BJS, 2020). Arizona is #5 in the nation with the highest imprisonment rate, 559 sentenced prisoners per 100,000 state residents (BJS, 2020). As of May 2020, there are currently approximately 5,300 offenders under community supervision in Arizona with a majority (4,600 offenders) serving a Truth in Sentencing (TIS) (ADC, 2020).

Barriers to reintegration: laws and legal restrictions, societal stigma and employer attitudes, limited education, limited cognitive skills, limited work experience, inadequate job skills, unstable housing, inadequate social services, lack of a state-issued identification …

A Call For Radical Action: How Ordinary Racism, Superimposition Of White Values, And The Hyper-Visible- Invisible Dichotomy Are Pushing Black Girls Out Of Schools, Joselina Tejada

Graduate Student Independent Studies

This paper explains and analyzes how ordinary racism, superimposition of white values, and the hyper visible-invisible dichotomy operate in K-12 schools to stymie the academic and socio emotional development of Black girls, criminalize them, and push them out of schools.

Courts And The Judicial Procedure, North Carolina Agricultural And Technical State University

Open Educational Resources Syllabus Review

This course examines the criminal process within American courts from arrest/arrest warrant application to final appeal. Topics include magistrates, trial and appellate courts, plea bargains, evidence, burdens of proof, jury selection and instructions, jurisdiction, habeas corpus and accountability.

Interviews And Interrogations, North Carolina Agricultural And Technical State University

Open Educational Resources Syllabus Review

This course covers the basic and specific techniques employed in criminal justice interviews and interrogations. Emphasis is placed on the interview and interrogation process, including interpretation of verbal and physical behavior and legal perspectives. Upon completion students should be able to understand and conduct interviews and interrogations in a legal, efficient and professional manner.

Applied Methods In Criminal Justice, North Carolina Agricultural And Technical State University

Open Educational Resources Syllabus Review

This course covers applied qualitative and quantitative research methods, hypothesis testing, statistical presentation and description (including mapping and graphing) using a variety of statistical tests and software packages: t-test, F-test, Chi-square, regression, Excel, SPSS and GIS. Prerequisites: Junior standing or permission of instructor.

January 2020 - June 2020 Fordham Law School Faculty Bibliography, Fordham Law School Library

Faculty Bibliography

No abstract provided.

The Tenure-Track Life: Experiences Of New Faculty In Tenure-Track Positions, David R. Gosling, Nancy M. Chae, Jeremy R. Goshorn

School of Leadership and Education Sciences: Faculty Scholarship

This study details the experiences of new faculty in tenure-track positions without prior experience in academia beyond the post-doctoral level. Semi-structured, qualitative interviews were conducted using phenomenological methodology with six faculty members meeting the criteria at a mid-sized, public institution in the southeastern United States with a reputation for academic excellence and a Research 2 (R2) Carnegie classification. Findings highlight the tension found between subcomponents of professorial life and the continued struggles of minority faculty. Implications for future research are given, to include the need for a deep exploration of the rhyme and reasons of the tenure process.

Achieving Access Parity For Inpatient Psychiatric Care Requires Repealing The Medicaid Institutions For Mental Disease Exclusion Rule, Briony Marie Dubose Mhi, Rn, Lss Bb, Eileen K. Fry-Bowers Phd, Jd, Rn, Cpnp, Faan

School of Nursing and Health Science: Faculty Scholarship

Approximately 3.4% of Americans have a mental health condition and suicide is the 10th leading cause of death. While the rate of mental health conditions has slightly increased for adult populations, America’s youth has experienced a significant rise in depression. From 2008 to 2017, occurrence of depression in the adolescent population increased from 8.3% to 13.3%. As adolescents mature into adults; it is likely the rate of mental health conditions for the adult population will rise as well as it is the common thread that binds the “diseases of despair”: drug abuse, alcoholism and suicide.

Arising out of the deinstitutionalization …