Digital Commons Network^™

Backdoor Balancing, Elizabeth Earle Beske

Washington Law Review

The U.S. Supreme Court has employed various mechanisms to blunt the systemic impact of legal change. The Warren Court balanced the interests advanced by new rules against the disruption of their retroactive application and frequently limited new rules to prospective effect. The Rehnquist Court decisively rejected this approach in the mid-1990s and committed itself to full adjudicative retroactivity as to pending cases. This Article argues that, although the Court slammed a door, it subsequently opened a window. The Court has spent the intervening decades devising ostensibly independent and unrelated doctrines to mitigate disruption. Despite the Rehnquist Court’s insistence that these …

Chitown Loves Youhip Hop’S Alternative Spatializing Narratives And Activism To Trump’S Hatefulcampaign Rhetoric About Chicago, George Villanueva

School of Communication: Faculty Publications and Other Works

Donald Trump’s 2016 presidential campaign rhetoric about violence in Chicago spatialized a narrative that branded the city as the poster child of urban disarray. His bombast lacked any contextual understanding of the issue and offered no productive pathways for collective solutions. Alternatively, I argue in this paper that a rising collection of Chicago hip hop artists were producing musical discourses in 2016 that not only challenged Trump’s negative rants, but also spatialized a multilayered narrative of the intersections between hip hop and activism in the city. Through textual analysis of three tracks from three breakout artists in 2016, my goal …

Dividing Bail Reform, Shima Baughman

Utah Law Faculty Scholarship

There are few issues in criminal law with greater momentum than bail reform. In the last three years, states have passed hundreds of new pretrial release laws, and there are now over 200 bills pending throughout the states. These efforts are rooted in important concerns: Bail reform lies at the heart of broader recent debates about equitable treatment in the criminal justice system. Done right, bail keeps dangerous individuals off the streets; done wrong, it keeps those with less economic means in jail longer. Some jurisdictions are eliminating money bail. Others are adopting risk assessments to determine who to release. …

The Future Of Sports, Michael Rubin, Val Ackerman, Mark Jackson, Brian Westbrook

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Reforming Recidivism: Making Prison Practical Through Help, Katelyn Copperud

The Scholar: St. Mary's Law Review on Race and Social Justice

While Texas has long been recognized as “Tough Texas” when it comes to crime, recent efforts have been made to combat that reputation. Efforts such as offering “good time” credit and more liberal parole standards are used to reduce the Texas prison populations. Although effective in reducing prison populations, do these incentives truly reduce a larger issue of prison overpopulation: recidivism?

In both state and federal prison systems, inmate education is proven to reduce recidivism. Texas’s own, Windham School District, provides a broad spectrum of education to Texas Department of Criminal Justice inmates; from General Education Development (GED) classes to …

Examining Protective Factors That Promote Resilience Among Children With An Incarcerated Parent, Celeste A. Jackson

Dissertations

Children of incarcerated parents (CIP) represent one of the most vulnerable, at-risk populations in the United States (Johnston, 1995). Best estimates suggests there are 2.7 million children with an incarcerated parents and African-American children are disproportionately represented at a figure of 1 in 9 children (Glaze & Maruschak, 2008). Much of the research attempting to understand this population and guide intervention efforts has employed a deficit-based approach, highlighting the plethora of adverse risk factors and negative outcomes associated with being the child of an incarcerated parent. This approach fails to acknowledge the presence of resilience inherent in these youth. The …

June 2019, Peter Grant

aCAdemicS: The Newsletter of the SWOSU College of Arts & Sciences

With the advent of digitization, documents are much more easily stored and located. SWOSU Digital Commons is loaded with digitized documents. It is organized by Mr. Phillip Fitzsimmons, Reference and Digitization Librarian, in the Al Harris Library. One can find past issues of The Southwestern, minutes from Faculty Senate meetings, past issues of Echoes from the Hill, student and faculty research articles and posters, and issues of this newsletter, aCAdemicS. Mr. Fitzsimmons recently provided usage statistics for the 28 issues of this newsletter: it has been downloaded 672 times from 32 institutions in 41 countries.

Bound By Silence: Psychological Effects Of The Traditional Oath Ceremony Used In The Sex Trafficking Of Nigerian Women And Girls, Jennifer Millett-Barrett

Dignity: A Journal of Analysis of Exploitation and Violence

Nigerian women and children have been trafficked to Italy over the last 30 years for commercial sexual exploitation with an alarming increase in the past three years. The Central Mediterranean Route that runs from West African countries to Italy is rife with organized crime gangs that have created a highly successful trafficking operation. As part of the recruitment process, the Nigerian mafia and its operatives exploit victims by subjecting them to a traditional religious juju oath ceremony, which is an extremely effective control mechanism to silence victims and trap them in debt bondage. This study explores the psychological effects of …

Amending Tennessee’S Incapacity Statute: It “May Not Be A Sexy Story, But It’S One, Frankly, That . . . Will Help People”, L. Matthew Jehl

University of Memphis Law Review

No abstract provided.

Book Reviews Summer 2019

New Mexico Historical Review

No abstract provided.

The Potholes Of Offender-Funded Driving Diversion: How Minnesota's Driving Diversion Program Fails The People It Is Supposed To Help, Sammi Nachtigal

Minnesota Journal of Law & Inequality

No abstract provided.

Monarch, Philip Walzer (Editor)

Monarch Magazine

Summer 2019 issue of Monarch, the Old Dominion University Magazine.

Subtitled: ODU's Superheroes to the Rescue

Faculty Senate Committee Reports Book (June 2019), Csusb Faculty Senate

CSUSB Faculty Senate records

No abstract provided.

Legal Remedies To Address Stigma-Based Health Inequalities In The United States: Opportunities And Challenges, Valarie K. Blake, Mark L. Hatzenbuehler

Faculty & Staff Scholarship

Stigma is an established driver of population-level health outcomes. Antidiscrimination laws can generate or alleviate stigma and, thus, are a critical component in the study of improving population health.

Currently, antidiscrimination laws are often underenforced and are sometimes conceptualized by courts and lawmakers in ways that are too narrow to fully reach all forms of stigma and all individuals who are stigmatized.

To remedy these limitations, we propose the creation of a new population-level surveillance system of antidiscrimination law and its enforcement, a central body to enforce antidiscrimination laws, as well as a collaborative research initiative to enhance the study …

Instead Of Treated They Get Fees: A Hard Knock Life For Indigent Criminal Defendants And The Need For Unbiased Determinations Of Indigent Status, Matthew Trudeau

Hofstra Law Review

No abstract provided.

Book Review: The Justice Façade: Trials Of Transition In Cambodia, Timothy Williams

Genocide Studies and Prevention: An International Journal

No abstract provided.

Location Tracking And Digital Data: Can Carpenter Build A Stable Privacy Doctrine?, Evan H. Caminker

Articles

In Carpenter v United States, the Supreme Court struggled to modernize twentieth-century search and seizure precedents for the “Cyber Age.” Twice previously this decade the Court had tweaked Fourth Amendment doctrine to keep pace with advancing technology, requiring a search warrant before the government can either peruse the contents of a cell phone seized incident to arrest or use a GPS tracker to follow a car’s long-term movements.

From The Editors, Michael E. Whitman, Herbert J. Mattord, Carole L. Hollingsworth

Journal of Cybersecurity Education, Research and Practice

No abstract provided.

Entire Issue

University of Chicago Law Review

No abstract provided.

Vocational And Life Skills Monthly Data Update: June 2019, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during monthly update calls and regular site visits.

The current data derives from an active database, from which data is being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common …

Increasing Students’ And New Professionals’ Knowledge Of Child Sexual Abuse Outcomes: An Evaluation Of An Online Intervention, Kate Theimer

Department of Psychology: Dissertations, Theses, and Student Research

Following disclosure, support from professionals (e.g., mental health clinicians, social workers, health care providers, teachers) can help increase resiliency in youth who experience child sexual abuse (CSA). Particularly, those who respond compassionately and competently, believe and report the abuse, do not blame the victim, and increase the family’s protective factors are best suited to decrease negative outcomes. Yet, research shows that many professionals are not adequately prepared to support families due to insufficient knowledge and misinformed beliefs (Pelisoli, Herman, & Dell’Aglio, 2015). Moreover, few assessments measure knowledge specific to the aftermath of CSA and few interventions aim to increase professional …

Vocational And Life Skills Quarterly Report: Grant Cycle 3, Quarter 4 April-June 2019, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

This report presents quarterly data and evaluation updates for the Vocational and Life Skills Program (VLS) through Quarter 4 of Grant Cycle 3. VLS was created by the Nebraska Legislative Bill 907 in 2014 to reduce recidivism and increase meaningful employment for Nebraskans convicted of a crime. The report contains 1) descriptions of the eight funded programs across the state, 2) a snapshot of program participation across the programs, 3) demographics of the participants served by the VLS initiative, and 4) participation breakdowns and descriptions of the skills participants are gaining through VLS programming. VLS continues to update service providers …

Criminal Justice Involvement And Young Adult Health: The Role Of Adolescent Health Risks And Stress, William M. Clemens, Monica A. Longmore, Peggy C. Giordano, Wendy D. Manning

Sociology Faculty Publications

Background: Although some studies have found that incarceration is associated with young adults' poor health, confounding factors including adolescent health risks, and mediating influences such as stress have not been examined in the same study. We assessed whether variation in criminal justice system experience (none, arrest only, incarceration) influenced young adults' self-reported depressive symptoms and poor physical health after accounting for prospective risks to health including adolescent health risks. We then assessed whether stress mediated associations between criminal justice involvement and the two health indicators.

Methods: Data are from Toledo Adolescent Relationships Study (TARS) (n =990), which included young adults, …

Expenditure, Coping, And Academic Behaviors Among Food-Insecure College Students At 10 Higher Education Institutes In The Appalachian And Southeastern Regions, Rebecca L. Hagedorn, Laura H. Mcarthur, Lanae B. Hood, Maureen Berner, Elizabeth T. Anderson Steeves, Carol L. Connell, Elizabeth Wall-Bassett, Marsha Spence, Oyinlola Toyin Babatunde, E. Brooke Kelly, Julia F. Waity, J. Porter Lillis, Melissa D. Olfert

Faculty Publications

Background

A number of studies have measured college student food insecurity prevalence higher than the national average; however, no multicampus regional study among students at 4-y institutions has been undertaken in the Appalachian and Southeast regions of the United States. Objectives

The aims of this study were to determine the prevalence of food insecurity among college students in the Appalachian and Southeastern regions of the United States, and to determine the association between food-insecurity status and money expenditures, coping strategies, and academic performance among a regional sample of college students. Methods

This regional, cross-sectional, online survey study included 13,642 college …

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

The Scholar: St. Mary's Law Review on Race and Social Justice

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …

Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton

The Scholar: St. Mary's Law Review on Race and Social Justice

When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in 1890 to 470 in 1900. A century later, the U.S. census recorded an explosion in the American Indian population living in Texas at 215,599 people. By 2010, that population jumped to 315,264 people.

Part One of this Article chronicles the forces contributing …

Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2017, the Texas legislature amended Texas Penal Code § 42.092, which governs acts of cruelty against non-livestock animals. The statute in its current form makes torturing, killing, or seriously injuring a non-livestock animal a third degree felony, while less serious offenses carry either a state jail felony or a Class A misdemeanor charge.

While a step in the right direction, Texas law is not comprehensive in that it fails to address a significant aspect of animal cruelty offenses: mental illness. For over fifteen years, Texas Family Code § 54.0407 has required psychiatric counseling for juveniles convicted of cruelty to …

The Calculus Of Public Corruption Cases: Hidden Decisions In Investigations And Prosecutions, Kristine Artello, Jay Albanese

Journal of Criminal Justice and Law

Acts of public corruption can undermine the rule of law and the legitimacy of the state. Holding public officials to the rule of law through the threat of prosecution is a crucial mechanism to give the law meaning in practice. In the United States, nearly all prosecutions for public corruption occur at the federal level, although many defendants in these cases are officials at the state and local levels of government. When corruption cases are brought, they usually result in a conviction via a guilty plea. However, making these cases is difficult, with only about a third of investigations resulting …

A Statistical Analysis Of Predictors Associated With The Dramatic Decline In Death Sentences In The United States In The Last Two Decades, Talia R. Harmon, David Mccord

Journal of Criminal Justice and Law

The annual number of new death sentences in the United States has fallen by more than 75% in the last two decades. The current study examines 1,665 death-eligible cases from 1994, 2004, and 2014 to draw empirically based conclusions that can shed light on some significant predictors associated with this dramatic decline. The results of logistic regression models suggest that the following were consistently significant predictors of case outcomes throughout the country over time: multiple perpetrators, age of perpetrators between 18 and 20 years, number of mitigators, cases with high and low aggravation, and five formerly high-volume counties. By contrast, …

Agenda Setting In State Courts Of Last Resort, Philip Marcin, Nancy Marion

Journal of Criminal Justice and Law

Little academic research has been carried out on the agenda-setting process for judges, particularly in states. This study examines the rhetoric and agenda setting of judges in 47 state courts of last resort from 2005 to 2015. A content analysis of the end-of-the-year speeches delivered by the justices was performed to determine patterns and trends in rhetoric according to political party affiliation, region, proximity to the border, and method of appointment. It was discovered that the topics discussed by state chief justices did not vary over time; that agenda items differed slightly between Republican and Democratic justices; that there were …