Digital Commons Network^™

An Intellectual History Of Mass Incarceration, Alice Ristroph

Faculty Scholarship

No abstract provided.

State V. Moss Appellant's Brief Dckt. 47026

Not Reported

No abstract provided.

Making Evangelicals Great Again? American Evangelicals In The Age Of Trump, Brantley W. Gasaway

Faculty Journal Articles

This article analyzes the ways in which American evangelical Christians have responded to the presidential campaign and presidential administration of Donald Trump, with a particular focus on the faction of politically progressive evangelicals. While over 80% of white evangelicals voted for Trump and over 70% continue to support his presidency, progressive evangelicals have vociferously opposed him. This article summarizes the proposals, protests, and petitions of progressive evangelicals with respect to four broad issues: racial justice, immigration, healthcare, and economic policies. Though some conservative and moderate evangelicals have also criticized Trump’s personal behavior and politics, numerous factors hinder their potential partnerships …

Misdemeanor Appeals, Nancy J. King, Michael Heise

Vanderbilt Law School Faculty Publications

We provide the first estimate of the rate of appellate review for misdemeanors, concluding that appellate courts review no more than eight in ten thousand misdemeanor convictions and disturb only one conviction or sentence out of every ten thousand misdemeanor judgments. This level of oversight is much lower than that for felony cases, for reasons we explain. To develop law and regulate error in misdemeanor cases, particularly in prosecutions for the lowest-level offenses, courts may need to provide mechanisms for judicial scrutiny outside the direct appeal process.

Additional findings include new information about the rate of felony trial court review …

Dangerousness, Disability, And Dna, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This Article honors three of Professor Arnold Loewy's articles. The first, published over thirty years ago, is entitled Culpability, Dangerousness, and Harm: Balancing the Factors on Which Our Criminal Law is Predicated,' and the second is his 2009 article, The Two Faces of Insanity. In addition to commenting on these two articles about substantive criminal law, I can't resist also saying something about one of Professor Loewy's procedural pieces, A Proposal for the Universal Collection of DNA, published in 2015.

A theme that unites all three of these articles is that they appear to be quite radical, at least on …

Misdemeanor Appeals, Nancy J. King, Michael Heise

Cornell Law Faculty Publications

Misdemeanor cases affect far more people than felony cases, outnumbering felony cases by more than three to one. Yet little empirical information exists on many aspects of misdemeanor prosecutions. This Article provides the first quantitative look at appellate review in misdemeanor cases nationwide. It uses data drawn from a random sample of direct criminal appeals decided by every state appellate court in the nation, unpublished aggregate data on misdemeanor trial court cases provided by the Court Statistics Project, and published state court statistics.

We provide the first estimate of the rate of appellate review for misdemeanors, concluding that appellate courts …

Cogs In The Machine: Two Countries Attempt To Balance Individualized Concerns In The Pursuit Of Public Health, Oliver J. Kim

Southern Illinois University Law Journal

Just like an online video going viral, healthcare can now be crowdsourced, providing a new method for public health officials to follow and analyze trends in a community’s health. For example, data that might have been impossible to collect, sort, and analyze, may now be assembled and processed in large sets by actors such as Big Tech and Big Data. Doing so could help researchers, policymakers, and public health officials make better decisions on critical interventions to improve health across entire communities. But having vast amounts of information about individuals and their health status freely flowing may raise alarm if …

Textbook List, Fall 2019, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Course List, Fall 2019, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Class Schedule - Fall 2019, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Relationship Between Self-Report And Observed Parenting Among Parents In Treatment Versus Not In Treatment Populations, Rabab Zahidi, Jessica S. Rogers, Wendy P. Guastaferro, Daniel J. Whitaker

Journal of the Georgia Public Health Association

Background: Most maltreatment, by definition, is a failure of parenting. However, even without maltreatment, poor parenting can lead to a variety of negative outcomes including social, emotional and behavioral problems. Given that parenting plays a key role in child outcomes, one of the foci of interventions are parenting programs. Interventions for parents must be evaluated using standardized assessment tools, which leads to an important question; how can we best assess parenting? Observational methods (observing a parent and child interact) are often regarded as the gold standard in the assessment of parental behaviors but are cumbersome to administer. Self-reports of parenting …

Mental Health Outcomes, Parenting Skills And Family Functioning Of Adult And Family Treatment Court Participants, Carolyn A. Malone, Jessica S. Rogers, Wendy P. Guastaferro, Daniel J. Whitaker

Journal of the Georgia Public Health Association

Background: Parental substance use places children at risk for poor social, emotional, and behavioral outcomes. Many parents with substance use disorders (SUD) are treated through accountability drug courts including adult drug courts (ADC) through the criminal justice system and family drug treatment courts (FTC) through the child welfare system. Little is known about the children of parents who participate in treatment through adult drug courts, which could serve as an important treatment venue for improving child outcomes. Children treated through family treatment courts are often the center of treatment. This research compared outcomes of parents and children involved in adult …

College Campus Sexual Assault And Retention Rates, Abigail R. Hauer

Student Publications

Increased media attention on college crime, specifically sexual assault, has led to greater prioritization of campus safety when deciding whether to continue attending a college. This, coupled with society’s view of a four-year college education as a necessity to succeed in the labor market, creates a potential tradeoff between safety on campus and future employment success. To analyze such tradeoff, I use data from the US Department of Education from 2014 to 2017 to examine whether college campus sexual assault at four-year American institutions impacts retention rates. Such results have implications for college policies to combat sexual assault on campus …

Gender-Based Experiences Of Migrant Smuggling At The Us-Mexico Border, Sarah E. Rinehart

Student Publications

The US-Mexico border has been increasing its security measures, which has corresponded with increases in migration. Due to increasing restrictions on who is able to legally migrate, many turn to irregular migration, and the more effective way of achieving irregular migration is through use of a migrant facilitator. Migrant smugglers are individuals who receive compensated for assisting others in crossing a national border through illegal means. In discourses about irregular migration from the media and political, migrant smugglers are typically portrayed as criminalized men who take advantage of vulnerable, victimized women migrants. While the experiences of men and women migrants …

Sex Trafficking In Asia: The Impact Of Policy, Economic Opportunity, And Globalization, Emma C. M. Lavoie

Student Publications

This paper examines the prevalence of sex trafficking in Asia and considers factors that make it stand out among other regions of the world. It explains the consequences of poorly designed policy on sex trafficking, using the Chinese One Child Policy as an example. It also looks at the lack of economic opportunity in countries like Thailand and Cambodia, that can incentivize the selling of women to traffickers. Finally, this paper considers the role of globalization in making the transport of sex trafficking victims easier as well as the effect of modern communication technologies on trafficking.

Opening Eyes To What They Don't Know: Talking About Race With White Pre-Service Teachers, Stacy Payne Martin

Theses and Dissertations

This study seeks to determine if a critical element of pre-service teachers' racial socialization lies within an analysis of racial isolation experiences, a lack of understanding White privilege, and how much accurate, historical instruction about racism in America they received from their middle school and high school teachers. The mixed methods action research sought answers to the following two research questions: How do life experiences shape White pre-service teachers' understanding of race? When White pre-service teachers engage in race-based self-examination activities, do they experience a shift in their perceptions and beliefs about race? This critical case study examines White pre-service …

The Intergenerational Effects Of Adverse Childhood Experiences On Children’S Emergency Department Utilization And Depression And Anxiety In South Carolina, Eboni E. Haynes

Theses and Dissertations

Adult exposure to adverse childhood experiences (ACEs) is common in the U.S., with over half of adults reporting exposure to at least one ACE. Childhood trauma is associated with risk factors for premature death, disability, poor physical and mental health, and lower quality of life in adults. Traumatic experiences also influence parenting behaviors later in life, placing offspring at an increased risk of ACE exposure. Few studies have explored the intergenerational effects of ACEs on the health and well-being of offspring. This study sought to identify whether associations existed between caregiver ACE exposures and emergency department (ED) utilization for sick …

A Policy Analysis Of South Carolina Drug Court Legislation: H. 3322 § 302: Drug Court Program Act (2019), Mae Chinnes

Senior Theses

The purpose of this thesis is to examine a piece of drug court legislation currently being considered by the South Carolina Legislature, H. 3322 § 302. An overview of drug criminalization in the United States, its impact, and drug courts are provided. This is followed by a review of the literature on the key programmatic components of drug court best practices, including: target population, incentives and sanctions, management team, and duration. An example analysis of Florida’s Thirteenth Judicial Circuit Drug Court Program policies proceeds the analysis of H. 3322. Parameters of successful drug court legislation and program outcomes are defined …

Remembrance Of A Christian Brothers’ Education, James R. Valadez

Journal of Catholic Education

This study describes the experiences of a group of individuals who attended a southern California Catholic boys’ high school, and the men who taught them. The goal of this study was to relate a narrative that explained how an education, steeped in the Christian Brothers’ mission provided a quality education for the poor, and shaped the lives, perspectives, and values of the graduates. The narrative, reported through a social perspective inspired by Catholic Social Teaching (CST), the philosophical writings of Jacques Maritain and Alisdair MacIntyre, showed how the graduates received a quality education from the Brothers, and absorbed a strong …

Making The Leap From Bullying To Equality: An Analysis Of Transgender Student Rights, Nathan Ades

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and political landscape surrounding transgender students' rights, particularly under Title IX, following the withdrawal of Obama-era guidelines by the Trump administration. This withdrawal has led to significant legal confusion and variability in protections across jurisdictions. The analysis suggests that advocating for antibullying policies may offer a more effective strategy for advancing transgender rights, especially in conservative states, by avoiding direct confrontation with gender identity issues.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Power Matters: Power Configuration And The Death Of American Law, Otis Grant

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Karma And The United States Government: How Mass Incarceration Policies Created An Ailing And Costly Aging Population In The Prison System And How Can Civil Legal Services Assist The Elderly After Release, Korina Rud

Cardozo Journal of Equal Rights & Social Justice

The note argues that mass incarceration policies in the U.S. have led to a growing population of elderly inmates, resulting in significant financial and health burdens. The author emphasizes the critical role of civil legal services in assisting these individuals post-release, particularly in addressing challenges related to employment, housing, and healthcare. The central argument is that tailored legal aid can mitigate the unique struggles faced by elderly ex-offenders, thereby reducing recidivism and improving community integration.

Fall 2019

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Editors in Chief: Justin Monahan, Anthony Buckland

Editor: Joel Tichinoff

Graphic Design & Layout: Alexandra Fox

Photography: Luke MacGillivray

A Judge's Attempt At Sentencing Consistency After Booker: Judge Jack B. Weinstein's Guidelines For Sentencing, Carolin E. Guentert, Ryan H. Gerber

Cardozo Law Review

No abstract provided.

A Second Step Act For The States (And Counties, And Cities), John F. Pfaff

Cardozo Law Review

No abstract provided.

A Judge’S Attempt At Sentencing Inconsistency After Booker: Judge (Ret.) Mark W. Bennett’S Guidelines For Sentencing, Mark W. Bennett

Cardozo Law Review

No abstract provided.

Comparing Alcohol Abuse Of Native Hawaiian And Pacific Islander College Students To That Of Other Racial Groups, Jason Bernard Lefrandt

Theses and Dissertations

Alcohol abuse is a ubiquitous issue for college students across the United States (U.S.) including Native Hawaiians and Pacific Islanders (NHPI). As compared to their counterparts, NHPI students tend to underutilize university counseling services and have significantly lower retention rates than their White counterparts. Considering that NHPI may be reluctant to go to counseling, their levels of distress and alcohol abuse may have to reach a higher threshold before they seek treatment. This study examined NHPI college students' presenting levels of alcohol abuse both at intake and over time and compared these students to students from other ethnic/racial groups. Data …

Cas Honors Symposium Program, Fall 2019, College Of Arts & Sciences Honors Program

College of Arts & Sciences Honors in the Major Symposium

No abstract provided.

The Right To Appointed Counsel: The Case For Unaccompanied Immigrant Children, Amanda Kavita Sewanan

Cardozo Law Review

No abstract provided.