Digital Commons Network^™

Indigenous Justice Initiatives: A Summary Current To 2024, Kito Romero, Dara Heravi, Karen Drake, Yanika Mullings-Smith

Commissioned Reports, Studies and Public Policy Documents

This resource is intended to provide a guide to Indigenous justice initiatives across what is now known as Canada, based on publicly available information. The guide includes information on independent Indigenous courts that operate under the authority of an Indigenous people and separately from the Canadian legal system, Indigenous Persons Courts that operate within the Canadian legal system yet apply or uphold Indigenous laws, and restorative justice initiatives available to Indigenous peoples. This resource also includes academic literature on Indigenous laws, Indigenous justice models and practices, evaluations of existing Indigenous justice initiatives, and international comparative works. The focus is on …

How Not To Teach Criminal Law, Evan D. Bernick

Chicago-Kent Law Review

No abstract provided.

Discrimination In Contractual Performance: Theory, Evidence, And Preliminary Policy Prescriptions, Meirav Furth-Matzkin

Washington Law Review

This Article examines the often-overlooked practice of “selective performance” of standard form consumer contracts—where sellers permit employees to exercise discretion by waiving or modifying contractual terms to maintain customer satisfaction. While such flexibility can benefit consumers, it raises serious concerns about discrimination. Through both theoretical analysis and empirical evidence, this Article demonstrates that discretionary performance can disproportionately favor certain consumer groups, particularly along racial and gender lines, leading to biased and inequitable outcomes. Drawing on examples from diverse sectors, including retail, insurance, and mortgage services, the Article highlights how marginalized communities, especially Black consumers, frequently face harsher treatment and greater …

A Brief History Of The Scheduling Discourse In Late-Colonial India (1918–1950), Saagar Tewari

National Law School Journal

Over a tenth of India’s land mass in 14 states are notified under the Fifth and Sixth Schedules of the Indian Constitution. Tracing the genealogy of the idea of scheduling in the late colonial period (1918–1950), this essay presents a brief survey of the deliberations on the ‘tribal question’ in British India. Focusing mainly on the debates in the administrative realm, it offers a top-down analysis of major developments vis-à-vis the discourse on aboriginal and hill tribes as the category itself transitioned into what is now called ‘Scheduled Tribes’.

Perceived Barriers And Facilitators Of Behavioral-Health Modality Change Adoption During The Covid-19 Pandemic: A Systematic Review, Nicholas Sims-Rhodes, Hannah E. Cornwell, Emily Barena, Vandy C. Dubre, Kimberly S. Elliott, Eman H. Nabulsi, Nelly Yuen, Sarah Sass, Anastasia Miller, Yordanos M. Tiruneh, Karan P. Singh

Presentations and Publications

Introduction: During the Coronavirus Disease 2019 pandemic, there was a surge in demand for mental health services worldwide, presenting challenges for healthcare institutions as they navigated changes in policy and safety regulations. In the United States, this resulted in many behavioral health modality changes to remain in compliance with the Center for Disease Control guidelines. A growing body of literature has documented these, yet few explored barriers and facilitators affecting the adoption of these modality delivery changes. The researchers conducted a systematic review using the PRISMA method, focusing on service delivery changes across healthcare systems in the United States from …

Understanding The Experience Of Being Food Insecure At An Independent College Or University, Natalie Wagner

Dissertations

Many people struggle to consistently access enough food for an active and healthy life (United States Department of Agriculture, 2020). Research has shown that college students experience food insecurity at rates higher than the general population while also facing negative academic, mental, physical, and social consequences (Baker-Smith et al., 2020; Bruening et al., 2018; Dubick et al., 2016; Henry, 2017; Martinez et al., 2018). Although studies on food insecurity among higher education have increased in the past few years, much of the research has been quantitative in nature and has been conducted at community colleges and state-funded institutions (Baker-Smith et …

The War Within: Mexican Drug Cartels And The Impact Of The Drug Trade On Society And Governance, Haris Mohammad

Masters Theses

This thesis examines the origins, activities, and societal impacts of Mexican drug cartels, while assessing the effectiveness of governmental and international responses to their development and influence. This thesis examines the evolution of the cartels, starting with their collaboration with traffickers in Colombia and concluding with their supremacy in the global drug trade. The investigation elucidates the social and political factors that have facilitated their growth. These factors include pervasive corruption, economic disparities, and inadequate governance, all of which have fostered an environment conducive to the emergence of cartels.

This thesis examines the detrimental effects of cartel involvement on Mexican …

Mental Health Survey With Client Feedback, Alessia Grace Jimenez

Capstone Projects and Master's Theses

Addressing mental health stigmas in lower-income communities and taking in client feedback to give better results back to clients. Monterey County Behavioral Health Access to Treatment provides crisis services, alcohol and substance abuse support, transitional youth programs, and access services to those with mental health disorders. The agency serves only those with medical insurance in the Monterey County area. The purpose of the mental health survey, along with client feedback, is to track client progress and outcomes. This can help ensure that clients receive the support and care that is most relevant to their individual circumstances. The most important findings …

All Bark, No Bite: How The Lone Star "Junk-Science Writ" Could Reinvigorate Federal Habeas Review, Robert Harry Saylor Iii

Hofstra Law Review

No abstract provided.

New Legal Realism At 20: Rethinking Law In An Era Of Populism And Social Movements, Jeffrey Omari, Pablo Rueda-Saiz, Richard Ashby Wilson

Articles

This Article critically examines the New Legal Realism (NLR) movement on its twentieth anniversary and illuminates its distinctive intellectual contributions. In evaluating NLR's unique methodological and substantive contributions, we explore the movement's relationship to other interdisciplinary theories and empirical approaches to law. NLR approaches show a commitment to a comparative, cross-national exploration of legal phenomena while allowing for grounded generalizations about the relationship between law and society. NLR approaches embrace a diverse range of methods and emphasize the importance of "looking up, down, and sideways." Notably, NLR embraces both "top-down" and "bottom-up" methods, providing comprehensive insights into the intricate interactions …

How The Media Turns Serial Killers Into Celebrities, Abigail I. Wiker

ALL - Honors Theses

Serial killers are subjects of widespread news media coverage. News Media portrays these serial killers in a positive light instead of focusing on the facts of the case. This study explores how news media turn serial killers into celebrities by qualitatively analyzing news media articles on LexisNexis. Understanding how the media portrays serial killers in media can help prevent making serial killers into celebrities and stop revictimizing the families of the victims.

Dimensions Of Prosecutor Decisions: Revealing Hidden Factors With Correspondence Analysis, Megan S. Wright, Cindy Cain, Shima Baradaran Baughman

Faculty Scholarship

Despite the significant impact of prosecutorial discretion on criminal justice outcomes, there are very few large-scale studies of state and local prosecutor decision-making. Our previous empirical research demonstrated that a defendant’s race and class do not affect prosecutorial charging decisions and revealed a gap in the literature about factors that do influence prosecutorial charging decisions and sentencing recommendations. Accordingly, we designed a study to obtain more information about prosecutor discretion and decision-making. Over 500 prosecutors from across the United States completed our vignette-based experiment and survey, which produced quantitative and qualitative data. We transformed these data to use Correspondence Analysis …

Revolutionizing Justice: Law Enforcement Through The Lens Of Progressive Law, Musmuliadin Musmuliadin, Erlyn Indarti, Nur Rochaeti

Indonesia Law Review

When government functions must be carried out and cannot be halted, even if the law does not clearly or completely regulate them, the role of discretionary authority (discretion) becomes crucial. This is particularly evident in the discretionary authority held by the Indonesian National Police, which is essential both for the police themselves and in the execution of their duties in conducting investigations and prosecutions. This study focuses on the application and implementation of discretion by the police in conducting investigations and prosecutions, and how a progressive legal framework can revolutionize the pursuit of justice. By employing a qualitative analysis and …

It Takes A Village: Why And How Georgia Should Afford Greater Protection To Juveniles During Police Interrogations, Lillie Tate Andrews

Mercer Law Review

On June 27, 1998, Lori Duniver discovered that her five-year-old daughter, Devan, was missing from her home in New Philadelphia, Ohio. The following day, Devan’s body was found in a wooded area near her home. The Duniver family’s twelve-year-old neighbor, Anthony Harris, was ultimately convicted of Devan’s murder and sentenced to a term of incarceration to last until his twenty-first birthday. However, on June 7, 2000, the Court of Appeals of Ohio reversed his conviction on the ground that the juvenile court had improperly denied a motion to suppress his confession, which was coerced in violation of his Fifth Amendment …

Interrogating Miranda’S Custody Requirement, Lauren E. Clatch

North Carolina Law Review

No abstract provided.

Case Brief: State V. Abbitt, Kathryn Turk

North Carolina Law Review

No abstract provided.

Case Brief: Carolina Youth Action Project V. Wilson, Megan Mills Rash

North Carolina Law Review

No abstract provided.

Prison Social Climate, Chloe Upton

Honors Projects

This literature synthesis proposes an examination of what social climate is most effective for establishing positive prison culture for inmates. By looking into various research based on various authors, readers are able to learn about what is the most effective methodology for a positive prison climate.

“Standing” In The Way Of Equality: Acheson Hotels, Llc, V. Laufer, Hayley R. Mullen

University of Dayton Law Review

No abstract provided.

Smile! You’Re On Camera: Police Use Of Automatic License Plate Readers And The Need For Statewide Legislation, Cailyn Hoang

University of Dayton Law Review

No abstract provided.

Addressing The Issue Of Public Defender Excessive Caseload In Low-Income Communities, Moises Reynoso Colin

Capstone Projects and Master's Theses

The Monterey County Public Defender’s Office plays a vital role in providing legal representation to low-income individuals, ensuring their constitutional rights are upheld. Although the office effectively fulfills its mandate, it aims to enhance defense support by exploring ways to reduce attorney workloads and improve service quality. This project was developed to assess attorney-to-client ratios, identify staffing needs, and evaluate the potential benefits of integrating paralegals into the team. Using a mixed-methods approach, the project included interviews with attorneys to gather insights on workload challenges and identify tasks that could be delegated to paralegal staff. Findings revealed that certified paralegals …

Cognitive Interviewing Within A Mixed Methods Practice: Utilization And Methodological Exploration Of Cognitive Interviewing, Jack Riley Hebner

College of Education and Human Sciences: Dissertations, Theses, and Student Research

Cognitive interviewing (CI) is a memory-enhancing technique used to extract more valid data from participants by addressing cognitive needs. Present research applied CI to program evaluation, theorizing that more quality data would be retrieved, especially when utilizing a mixed methods approach. The program chosen to further explore this technique and provide potentially invaluable evaluation data was the Educational Psychology Department at the University of Nebraska-Lincoln (EDPS). The sample consisted of 32 individuals, consisting of graduate students and faculty across all programs.

The overall evaluation focused on inter-program and inner program understanding which is operationalized as the ability to relay how …

Elevating Voices: Exploring The Lived Experiences Of Chicano/A Students Labeled As At-Risk Along The U.S.-Mexico Border During Their Eighth Grade Year, Ricky Ramirez

Open Access Theses & Dissertations

This study investigates the lived experiences of Chicano students who were labeled as at-risk during their time in eighth grade in a public school located along the U.S.-Mexico border. This study focuses on the academic and personal experiences of these students. Through the qualitative methodology of Narrative Inquiry, this study captures the narratives of the participants and provides insight into factors that impacted their personal and academic journeys. This study draws connections between the participants' experiences and four themes that grounded the studyâ??s comprehensive literature review: Maslowâ??s Hierarchy of Needs, Social and Emotional Learning (SEL) using the Collaborative for Academic, …

An Exploration Of Refugee Policy Using Social Construction Theory & The Narrative Policy Framework, Daniel S. Amoruso

Boise State University Theses and Dissertations

Social Construction Theory and Narrative Policy Framework are cohesive products to assess policymaking by examining social construction variables and the formation of narratives. Although I use each independently and together, using them in conjunction helps to ascertain the difference between what someone does and says. Often, there is a substantive disconnect between the two. As with many policy arenas, interest in refugee policy has ebbed and flowed over the past ten years as the United States fluctuates from Democrat to Republican and back to Democrat administrations. Various administrations, media outlets, and separate communities often portray refugees differently; some favorably toward …

Procedural Justice And Therapeutic Jurisprudence In Idaho Drug Treatment Courts, Norma Dianne Jaeger

Boise State University Theses and Dissertations

This qualitative multi-case study of the operations of Idaho drug treatment courts explores the application of two theoretical frameworks: therapeutic jurisprudence and procedural justice. Semi-structured interviews, based on a phronetic iterative approach and analysis, were conducted with 20 enrolled participants and 10 judges from courts and communities of varying sizes, located in four geographic areas of Idaho. Responses suggest that these courts operate from a foundation of therapeutic jurisprudence and effectively apply procedural justice practices: respectful treatment, trust, and participant voice. The study identifies participants’ multiple life changes, including addiction recovery, as important elements of the courts’ outcomes and validates …

The Rule Of Interlegality, Nicole Roughan

Buffalo Law Review

A “recognition model of legality” grounds legality upon the normative significance of recognition of the role of the official of law, and the requirements of a moral relation of recognition between law’s officials and subjects. On this model, plural overlapping claims to legality can undermine the rule of law by disrupting recognition of both the role of the official and the moral relation of legality between officials and subjects. This Essay examines the legality deficits that arise from conflicting recognitions of officiality and subjection in contexts of overlapping state and Indigenous legal orders. In such contexts of plural overlapping claims …

Exploring The Interactive Effects Of Officer, Subject, And Encounter Factors On Police Use Of Force Outcomes, Jeremy David Barnum

UNLV Theses, Dissertations, Professional Papers, and Capstones

Police use of force incidents are highly complex events that can be characterized by factors pertaining to the officers, subjects, and immediate encounter. These factors and the dynamic interrelationships between them encompass the situational context of use of force and have been widely studied in the criminological literature (Bolger, 2015). However, extant research has almost exclusively focused on identifying the main effects of situational factors on use of force with little consideration of how effects may vary across specific situational contexts. This limits our understanding of police use of force and complicates efforts to develop policy or training that ensures …

Toxic Narratives, Toxic Communities, And Enforcement Of Environmental (In)Justice, Alyse Bertenthal

Washington Law Review

The United States has committed to enforce environmental justice in ways it never has before. A spate of new policies aims to increase resources for environmental agencies’ enforcement sections, improve training for environmental enforcement staff, and ensure community engagement in environmental enforcement decision-making. Yet there exists mounting evidence that enforcement of environmental laws happens less frequently and less vigorously in low-income and minoritized communities.

We need to understand why that is happening. Many commentators, opining from a distance, point to insufficient resources for environmental enforcement and legal and political constraints on environmental agencies. While not discounting these reasons, this Article …

The Disconnect Between Spanish-Speaking Communities And Law Enforcement And The Detrimental Effect It Has On Both, Belma Kurpejovic

Honors Theses

The increase of Latino communities in mid-sized and smaller cities, along with the impact of language competency and lack of programs for law enforcement, has been sufficiently explored, yet issues persist. This study examines the disconnect between Spanish-speaking communities and law enforcement, which has created significant distrust and communication issues. Examining these communities is important because there is still a need to mend these relationships. This study explores the effects of this divide and how to help fix it. Information obtained from law enforcement officers at the Chattanooga Police Department, highlights key issues, including the lack of community-based policing, cultural …

Racial Disparities In Domestic Violence: Analyzing The Intersection Of Race And Gender, Nia Grace Sharp

Honors Theses

This research explores the intersection of race, gender, and the litigation of domestic violence cases in Memphis, Tennessee. This is explored through qualitative research that combines a theoretical framework with structured interviews of criminal defense attorneys. Utilizing a sample of 5 attorneys with recent exposure to domestic violence cases, this study aims to reveal whether or not intimate partner violence is litigated differently across racial lines. This is done through analysis of the treatment of victims depending on race, sentencing rates, and perceptions of credibility within the justice system. The methodology involves five key steps: conducting a literature review to …