Digital Commons Network^™

Frsc 307-102: Crime Scene Investigation And Lab, Kevin Parmelee

Chemistry, Environmental and Forensic Science Syllabi

No abstract provided.

Sudden Leadership Loss And The Importance Of Succession Planning In Behavioral Health Care, Angela R. Dawson

Walden Dissertations and Doctoral Studies

This study examined sudden leadership loss and the importance of succession planning in behavioral health. The organization at the center of the study is located in the midwestern United States and is known for providing stellar services to its clients and fostering a quality workspace for its employees. The findings provided the organization with a clear and specific understanding of the value of succession planning for sustainability. The study was conducted using a qualitative research method. Semistructured interviews with 5 senior-level leaders from a single site location provided the primary source of data. Additional data were collected from the organization’s …

2020 Georgia Southern University Softball Roster, Georgia Southern University

Women's Softball Records

• 2020 Softball Roster

Brand Activism: The Evolution Of The Social Responsibility Of Buisness, Kristen Wong

Renée Crown University Honors Thesis Projects - All

No abstract provided.

A Global Girl Boss, Samantha Waltes

Renée Crown University Honors Thesis Projects - All

No abstract provided.

Bathrooms As A Homless Rights Issue, Ron S. Hochbaum

North Carolina Law Review

No abstract provided.

Inability To Pay: Court Debt Circa 2020, Judith Resnik, David Marcus

North Carolina Law Review

No abstract provided.

Wrestling With Risk: The Questions Beyond Money Bail, Brandon Buskey

North Carolina Law Review

No abstract provided.

The Next Step: Building, Funding, And Measuring Pretrial Services (Post-Bail Reforms), Gloria Gong

North Carolina Law Review

No abstract provided.

Juvenile Fee Abolition In California: Early Lessons And Challenges For The Debt-Free Justice Movement, Jeffrey Selbin

North Carolina Law Review

No abstract provided.

School Surveillance: The Students' Rights Implications Of Artificial Intelligence As K-12 School Security, Maya Weinstein

North Carolina Law Review

No abstract provided.

The Kids Are Airight: Teen Sexting, Child Pornography Charges, And The Criminalization Of Adolescent Sexuality, Blaire Bayliss

University of Colorado Law Review

"Sexting" is a term that refers to the exchange of sexually explicit or sexually suggestive messages or images between individuals using electronic messaging. Teenage sexting is a controversial legal topic because the act of taking nude or semi-nude pictures of a minor technically constitutes child pornography under federal law, even when those pictures were self-portraits taken by the minor in question. This Comment argues that the prosecution of sexting under federal child pornography law constitutes the criminalization of adolescent exploration of sexuality and that states should adopt their own sexting-specific laws to address teenage sexting in a manner that respects …

Boynton V. Virginia And The Anxieties Of The Modern African-American Customer, Amber Baylor

Faculty Scholarship

In 1958, Bruce Boynton was arrested for ordering food in a Whites-Only diner and charged with criminal trespass. Sixty years later, African Americans continue to face arrest and threat of arrest in commercial establishments based on discriminatory trespass claims. When store owners or employees decide to exclude would-be patrons from their establishment for discriminatory reasons, both overt and implicit, they rely on the police to enforce this form of discrimination. This article considers the legacy of Boynton v. Virginia, particularly the resonance of Boynton’s unaddressed claim, that the state enforcement of discriminatory trespass allegations is an Equal Protection violation.

African-American …

Trauma-Informed Advocacy: Learning To Empathize With Unspeakable Horrors, Susan Ayres

Faculty Scholarship

No abstract provided.

New Brunswick Needs A Public Inquiry Into Systemic Racism In The Justice System: Nova Scotia Shows Why, Naiomi Metallic

Articles, Book Chapters, & Popular Press

No abstract provided.

New Brunswick Needs A Public Inquiry Into Systemic Racism In The Justice System: Nova Scotia Shows Why, Naiomi Metallic

Articles, Book Chapters, & Popular Press

First Nations across New Brunswick have been demanding a public inquiry since the deaths of Chantel Moore and Rodney Levy at the hands of police barely a week apart from each other, and less than two months after the failed prosecution of the man alleged to have hit and killed Brady Francis. There are serious problems in the province’s justice system.

Mi’gmaq and Wolastoqiyik peoples are demanding more than just an investigation into the police conduct in Moore’s and Levy’s deaths; what is sought is a full examination of how New Brunswick’s justice system fails First Nations peoples in the …

Evidence, Rollie Thompson

Articles, Book Chapters, & Popular Press

“Evidence” is what, in our adversary system, the parties attempt to place before the neutral factfinder in order to prove their case (or disprove their opponent's case). We follow the principle of party-presentation: parties determine what specific items of evidence are offered for proof, while the impartial judge or decision maker will determine which items are “admissible” evidence, in accordance with principles of law. At the end of the trial or hearing, the fact-finder (jury, judge, tribunal, decision maker) will determine which of those admissible items of evidence are believed or not, in formulating “fact-guesses” or “findings of fact”.

Suffrage Over Suffering: How Disenfranchisement Erodes The Legitimacy Of Democratic Punishment, Kendall Hollimon

CMC Senior Theses

In this thesis I analyze both retributive and consequentialist justifications for punishment to understand the foundation for disenfranchisement as punishment. I then argue that although some of these justifications can condone disenfranchisement, the practice of disenfranchising criminals damages the democratic process, thus delegitimizing the punishments that societies democratically decide to impose.

Aristotle And Mutual Accountability: A Just Theory Of Punishment, Dina Rosin

CMC Senior Theses

How can citizens of a moral community both be held accountable and be accountable for their actions and their character? What is the role of both the state and the citizen in restoring accountability? In this thesis, I apply Aristotle’s conception of virtue to Stephen Darwall and William Darwall’s mutual accountability framework for punishment. I present a theory of punishment that creates an obligation on both the state and the citizen to uphold virtue and be accountable, and posits rehabituation of character as a necessary component of maintaining mutual accountability. I then apply this theory to a paradigmatic case that …

Populism: An Exploration Into The American Case Through The Academic Literature, Data Analysis, And Fiction, Maxwell Knowles

CMC Senior Theses

The twenty-first century has seen a rise in populist leadership and rhetoric throughout the globe, with the United States standing as one powerful case. This thesis hopes to develop the “story” of populism from multiple perspectives, attempting to not only inform but change the way we approach the populist movement in America, and perhaps, the world. In Part I, I summarize and blend much of the core literature written on populism and economic change, developing the story that populism in America today has its roots in the significant techno-economic and cultural paradigmatic shifts of the 1970s. Social media and an …

Disparities Within School Discipline: An Examination Of Race, English Language Learner Status, & Suspension, Serena Boyce

All Graduate Theses, Dissertations, and Other Capstone Projects

There is much discussion in the United States about how in-school and out of school suspension negatively impacts students who are subjected to this form of exclusionary discipline. There is concern about whether there are disparities in school suspension rates between students from different subgroups and their peers. Research in this area has shown that racial/ethnic minority students, as well as students with the factors of having a low socio-economic status and being male, make some schools more likely to use school discipline than others. A question to be answered in the area of school discipline is related to if …

Supervised Release Is Not Parole, Jacob Schuman

Faculty Scholarship

The United States has the largest prison population in the developed world. Yet outside prisons, there are almost twice as many people serving terms of criminal supervision in the community— probation, parole, and supervised release. At the federal level, this “mass supervision” of convicted offenders began with the Sentencing Reform Act of 1984, which abolished parole and created a harsher and more expansive system called supervised release. Last term in United States v. Haymond, the Supreme Court took a small step against mass supervision by striking down one provision of the supervised release statute as violating the right to …

The Origins And Legacy Of The Fourth Amendment Reasonableness Balancing Model, Kit Kinports

Faculty Scholarship

The overwhelming majority of the Supreme Court’s Fourth Amendment cases over the past fifty years have been resolved using a warrant presumption model, which determines the constitutionality of a search or seizure by asking whether law enforcement officials had probable cause and a warrant, or some exception to those requirements. But three decisions, beginning in 2001, mysteriously deviated from that approach and applied a reasonableness balancing model, upholding the searches in those cases after considering the totality of the circumstances and weighing the competing government interests against the defendant’s privacy interests. This balancing approach has justifiably been criticized as amorphous, …

The Case Against Chevron Deference In Immigration Adjudication, Shoba Wadhia, Christopher Walker

Faculty Scholarship

The Duke Law Journal’s fifty-first annual administrative law symposium examines the future of Chevron deference—the command that a reviewing court defer to an agency’s reasonable interpretation of an ambiguous statute the agency administers. In the lead article, Professors Kristin Hickman and Aaron Nielson argue that the Supreme Court should narrow Chevron’s domain to exclude interpretations made via administrative adjudication. Building on their framing, this Article presents an in-depth case study of immigration adjudication and argues that this case against Chevron has perhaps its greatest force when it comes to immigration. That is because much of Chevron’s theory for congressional delegation …

Prosecutors And Mass Incarceration, Shima Baradarab Baughman, Megan S. Wright

Faculty Scholarship

It has long been postulated that America’s mass incarceration phenomenon is driven by increased drug arrests, draconian sentencing, and the growth of a prison industry. Yet among the major players—legislators, judges, police, and prosecutors—one of these is shrouded in mystery. While laws on the books, judicial sentencing, and police arrests are all public and transparent, prosecutorial charging decisions are made behind closed doors with little oversight or public accountability. Indeed, without notice by commentators, during the last ten years or more, crime has fallen, and police have cut arrests accordingly, but prosecutors have actually increased the ratio of criminal court …

Nil/Tu,O Child And Family Services Society V. B.C. Government And Service Employees’ Union’ And Communications, Energy And Paperworkers Union Of Canada V. Native Child And Family Services Of Toronto, Naiomi Metallic

Articles, Book Chapters, & Popular Press

In NIL/TU,O and Native Child, the Supreme Court of Canada held that unions applying for certification to represent employees of Indigenous-run child and family agencies ought to be certified under provincial labour relations legislation. The majority in both cases applied a presumptive rule that labour relations are generally provincial matters. This presumption was not displaced by the fact that both agencies were Indigenous-run organizations. The Indigenous nature of the organizations, their clientele, staff, and governance, or their own preferences for labour regimes made no difference to the Court’s analysis.

Held: Appeals Allowed.

1.

The appeals should be allowed. Treating Indigenous …

Loss & Damage From Climate Change: A Maturing Concept In Climate Law?, Meinhard Doelle, Sara Seck

Articles, Book Chapters, & Popular Press

In this article we examine legal perspectives on recovery for harm caused by climate related loss and damage. We start by discussing the meaning of loss and damage, and its relationship to climate mitigation and adaptation. We then consider, at a conceptual level, how those harmed by loss and damage from human induced climate change may pursue remedies against those who have contributed to the harm suffered.

Mr. Big And The New Common Law Confessions Rule: Five Years In Review, Adelina Iftene, Vanessa Kinnear

Articles, Book Chapters, & Popular Press

The Supreme Court of Canada released its decision of R v Hart in July of 2014. The decision provided a two-prong framework for assessing the admissibility of confessions obtained through the undercover police tactic known as “Mr. Big”. The goal of the framework was to address reliability concerns, to protect suspects from state abuse, and to reduce the risk of wrongful convictions. The first prong of the test created a new common law evidentiary rule, under which Mr. Big obtained confessions are now presumptively inadmissible. The second prong revamped the existing abuse of process doctrine. In this article, the authors …

Solitary Confinement Continues In Canada Under A Different Name, Adelina Iftene

Articles, Book Chapters, & Popular Press

Abusive uses of Structured Intervention Units and the Correctional Service’s conduct mean Parliament must get rid of SIUs or adopt Senate amendments.

Mr. Big And The New Common Law Confessions Rule: Five Years In Review, Adelina Iftene, Vanessa Kinnear

Articles, Book Chapters, & Popular Press

The Supreme Court of Canada released its decision of R v Hart in July of 2014. The decision provided a two-prong framework for assessing the admissibility of confessions obtained through the undercover police tactic known as “Mr. Big”. The goal of the framework was to address reliability concerns, to protect suspects from state abuse, and to reduce the risk of wrongful convictions. The first prong of the test created a new common law evidentiary rule, under which Mr. Big obtained confessions are now presumptively inadmissible. The second prong revamped the existing abuse of process doctrine.

In this article, the authors …