Social and Behavioral Sciences Commons^™

Disparities In The Sentencing Of African American Men In Wayne County, Michigan, Brian Banks

Walden Dissertations and Doctoral Studies

AbstractThe ability of judges in the U.S. criminal justice system to administer penalties based on a defendant’s socioeconomic status has resulted in a disproportionate number of African Americans receiving harsher penalties than those of other racial groups and socioeconomic statuses. Currently, there is little evidence demonstrating the effectiveness of harsher sentencing of defendants with lower socioeconomic statuses in preventing crime or lowering recidivism, but more work is needed to clarify what sentencing factors judges use. The purpose of this qualitative study was to explore the factors that Wayne County, Michigan, judges used during the sentencing process of criminal defendants, along …

Educators’ Perception Of Their Psychosocial Support Of Elementary Students In Gabon, Africa, Michel Ikamba

Walden Dissertations and Doctoral Studies

Although educators internationally have often provided care to vulnerable students who struggle to meet the needs of nutrition, health, protection, and access to essential social services, no formal social systems exist in Gabon to aid educators who work with these students. In the absence of relevant local research and drawing on Dewey’s theory of progressive education as a conceptual model, this basic qualitative study asked about educators’ perceptions in limited resource elementary schools in Gabon of the social needs and strategies employed with students who demonstrated signs of disengagement and alienation. Qualitative data collection included semi-structured recorded interviews with 12 …

Legal Recognition Of Animal Sentience: The Case For Cautious Optimism, Jane Kotzmann

Animal Sentience

Rowan et al.’s target article provides a valuable indication of the work that was required to reach the point where animals are recognised as sentient in various laws. To ensure this work was not in vain, the language of sentience needs to be used as a moral currency to demand further cultural change involving greater human respect for animals.

A Culture Of Institutional Racism: Housing Policies During The New Deal, Breyonna J. Bowen

Capstone Showcase

There currently exists a distressed relationship between African Americans and housing due to previously enacted policies. In looking at this issue, I aim to use the theory of institutional racism to explain how past housing policies that enforce and perpetuate discrimination have impacted this current relationship. Through the method of policy analysis, I attempt to pinpoint where past housing policies have failed to provide housing to many African Americans. I find that there are several policies that were enacted during 1930s and 40s, specifically the New Deal Era, that inflicted discriminatory housing policies on African Americans. The findings indicate that …

Let's Talk: An Analysis Of The Psychological And Emotional Impacts Of The Police Talk On Black Children, Kaila T. Glover Dodson

Scripps Senior Theses

The ‘Talk’ is a conversation (or series of conversations) that Black children receive from parents, grandparents, and other guardians and caretakers in their life. The conversation consists of informing them on behaviors to adopt as well as a script to recite should they encounter the police or any other agent of the law. Very little research has been done on the Talk yet alone the impact it has on Black children. Pulling from research on racial socialization, moral development, and the impact of racism on one’s well being, the purpose of this study is to explore how Black children are …

Emotions And Precedent, Emily Kidd White

All Papers

The philosophy of emotion raises complications for theories of precedent. This chapter argues that it is productive to think of the effect of some precedents as facets of legal reasoning that are related to the use and understanding of legal concepts as thick concepts. In legal reasoning, precedents are routinely invoked to explicate, and/or clarify the content of legal concepts that are at issue in a case. This chapter develops an argument by Bernard Williams, i.e., that one must avoid the risk of over-generalizing the relationship of emotions to thick concepts, by placing it in the context of legal reasoning. …

Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua

Journal Articles

The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of race-making. We understand race-making as including racial stratification, …

"Should Supreme Court Justices Fear Access To Their Papers? An Empirical Study Of The Use Of Three Archival Collections", Susan Demaine, Benjamin J. Keele

Books & Book Chapters by Maurer Faculty

Susan deMaine's contribution to this volume is "Should Supreme Court Justices Fear Access to Their Papers? An Empirical Study of the Use of Three Archival Collections." Co-authored by Benjamin J. Keele.

US. Supreme Court justices typically donate their working papers to archives upon their retirement, often with lengthy embargoes. 1 Researchers have debated whether the justices should be required to retain and disclose their papers as government · records, but there has been little study of how the papers are used in scholarly and journalistic discussions of the Court.· This empirical study examines how the papers of Justices William Brennan, …

"Exploring Citation Count Methods Of Measuring Faculty Scholarly Impact", Margaret Kiel-Morse

Books & Book Chapters by Maurer Faculty

Margaret Kiel-Morse's contribution to this volume is "Exploring Citation Count Methods of Measuring Faculty Scholarly Impact."

After US News & World Report's announcement in 2019 that they will provide a separate ranking of law schools based on faculty scholarly impact, scrutinizing the various methods of assessing scholarly impact has been a hot topic. The various methods include reputation surveys, citation counts, and publication counts. This paper focuses on citation counts. Several methods of conducting citation counts have been circulated since the 1990s, notably Brian Leiter 's studies using Westlaw 's Law Reviews and Journals database; the Leiter study updates conducted …

Animal Sentience In Indian Culture: Colonial And Post-Colonial Changes, Nanditha Krishna

Animal Sentience

The Indian tradition has respected animal sentience and non-injury toward all life. It is repeated consistently in Sanskrit literature and the later literature of the Jains and the Buddhists. Change came with the advent of Islamic rule followed by the British, who built slaughterhouses. The hunting of wildlife increased and several wild predator species were wiped out. The result was the series of legislations for animals which were initially proposed by the SPCAs and later by NGOs. In 1976, the Constitution of India was amended to make the protection of wildlife and compassion for living creatures a fundamental duty. However, …

The History And Conflicts Of The Montana Environmental Policy Act, William Oliver Borghesani

Undergraduate Theses, Professional Papers, and Capstone Artifacts

No abstract provided.

Applying Arbitration To Settle Disputes In Administrative Contracts Under The New Saudi Government Tenders And Procurement Law, Maryam Radhyan Almutairi

Department of Conflict Resolution Studies Theses and Dissertations

Significant changes to the Kingdom’s legal system have been made in alignment with the Saudi vision 2030 to diversify the economy. One of the changes is the 2019 Government Tenders and Procurement (GTP) law that allows arbitration as a dispute resolution approach in administrative contracts. The research problem of focus was the limited understanding of Saudi Arabian legal professionals' perception of arbitration as a dispute resolution approach in administrative contracts under the GTP law. The purpose of this qualitative case study was to understand the perception of legal professionals in Saudi Arabia towards arbitration as a dispute resolution approach in …

Unpacking The Influence Of Islamic Religious Culture And Individual Religious Affiliation On Testing Hiv-Positive, Brittany Hayes, Amy Adamczyk

Publications and Research

The distribution of HIV cases varies cross-nationally. We separate the influences of Islam at the macro-and micro-levels to understand the role of religion in shaping the spread of HIV. Drawing on biomarker data from the Demographic and Health Surveys, we construct a multilevel database (Individual N= 568,476; Country N= 30). We examine a series of national-and individual-level predictors that may mediate the relationship between Islam and testing HIV-positive. Individual religious affiliation and proportion Muslim retained their risk-reducing effects even when accounting for a range of mediators and suppressors. Islam has a sui generis effect on testing HIV-positive.

A Low-Cost Machine Learning Based Network Intrusion Detection System With Data Privacy Preservation, Jyoti Fakirah, Lauhim Mahfuz Zishan, Roshni Mooruth, Michael L. Johnstone, Wencheng Yang

Annual ADFSL Conference on Digital Forensics, Security and Law

Network intrusion is a well-studied area of cyber security. Current machine learning-based network intrusion detection systems (NIDSs) monitor network data and the patterns within those data but at the cost of presenting significant issues in terms of privacy violations which may threaten end-user privacy. Therefore, to mitigate risk and preserve a balance between security and privacy, it is imperative to protect user privacy with respect to intrusion data. Moreover, cost is a driver of a machine learning-based NIDS because such systems are increasingly being deployed on resource-limited edge devices. To solve these issues, in this paper we propose a NIDS …

Human-Controlled Fuzzing With Afl, Maxim Grishin, Igor Korkin, Phd

Annual ADFSL Conference on Digital Forensics, Security and Law

Fuzzing techniques are applied to reveal different types of bugs and vulnerabilities. American Fuzzy Lop (AFL) is a free most popular software fuzzer used by many other fuzzing frameworks. AFL supports autonomous mode of operation that uses the previous step output into the next step, as a result fuzzer spends a lot of time analyzing minor code sections. By making fuzzing process more focused and human controlled security expert can save time and find more bugs in less time. We designed a new module that can fuzz only the specified functions. As a result, the chosen ones will be inspected …

The Amorphous Nature Of Hackers: An Exploratory Study, Kento Yasuhara, Daniel Walnycky, Ibrahim Baggili, Ahmed Alhishwan

Annual ADFSL Conference on Digital Forensics, Security and Law

In this work, we aim to better understand outsider perspectives of the hacker community through a series of situation based survey questions. By doing this, we hope to gain insight into the overall reputation of hackers from participants in a wide range of technical and non-technical backgrounds. This is important to digital forensics since convicted hackers will be tried by people, each with their own perception of who hackers are. Do cyber crimes and national security issues negatively affect people’s perceptions of hackers? Does hacktivism and information warfare positively affect people’s perception of hackers? Do individual personality factors affect one’s …

Will Products Liability Litigation Help Protect Iot Users From Cyber-Physical Attacks?, J Royce Fichtner, Troy J. Strader

Journal of International Technology and Information Management

While there is an identifiable trend towards protecting consumers from data breaches and data misuses related to IoT devices through new legislation, new regulations, government enforcement actions, and private lawsuits, there has been little progress towards creating similar legally enforceable standards of care for “cyber-physical device security.” This article explores this underdeveloped area of academic inquiry into cyber-physical device security within the context of product liability litigation in the United States. The two questions addressed in this article are: (1) Have there been any successful products liability court decisions in the United States that have held IoT manufacturers liable for …

Pathways To Preferences For Collaborative Conflict Resolution: Disputants’ Process Goals Drive Preferences, Ashley Votruba, Jared Noetzel, Abigail L. Herzfeld

Department of Psychology: Faculty Publications

Understanding individuals’ preferences for how to resolve conflict—specifically legal disputes—has long interested researchers, particularly those considering procedural justice. This study considers the impact of relational factors that influence individuals’ preferences for dispute resolution processes for civil legal issues. Specifically, it examines the impact of self-construal and the relationship between the parties in conflict on preferences for specific features of dispute resolution processes and considers the role of underlying resolution goals as potential mediators in a parallel mediation model. Using a novel paradigm in which the outcome variables of interest focused on specific dispute resolution process features allowed the researchers to …

The Question Is Not “Can Humans Talk?” Or “Can They Suffer?” But “Can They Reason?”, Clive Phillips

Animal Sentience

In their target article, Rowan et al (2022) make a welcome attempt to chart the development of Western progress over the past two hundred years toward formally recognizing that animals feel. They outline the heroic efforts of Compassion in World Farming to gain for animals the status of sentient beings rather than merely human property. A broader view exists, from human prehistory to the present day, in which animals have been (and still are) understood to be sentient by indigenous peoples as well as by some Eastern religions. Growing recognition in the West that animals feel represents a new age …

Motivated Science: What Humans Gain From Denying Animal Sentience, Uri Lifshin

Animal Sentience

Resistance to the idea that non-human animals are sentient resembles erstwhile resistance to the theory that the earth is not the centre of the universe, or that humans evolved from “apes”. All these notions are psychologically threatening. They can remind people of their own creatureliness and mortality and might make them feel guilty or uncertain about their way of life. An honest debate over animal sentience, welfare and rights should consider the human motivation to deprive animals of these things in the first place. I briefly review empirical evidence on the psychological function of denying animal minds.

Psychosocial Factors Of Covid-19 Impact Oral Health, Neeru Ramaswami Bds, Ms, Mph

The Journal of the Michigan Dental Association

The impact of psychosocial factors on oral health during the COVID-19 pandemic necessitates an interdisciplinary approach to patient care. This article, part of National Children’s Dental Health Month, focuses on adolescent oral health and eating disorders, authored by experts from the University of Michigan. With a dramatic increase in eating disorders among Michigan adolescents during the pandemic, especially affecting transgender and diverse youth, identifying such issues is crucial. General dentists, in an ideal position for interaction, can play a vital role in addressing these challenges, emphasizing the need for continued education and collaboration.

Credit Scoring Duality, Pamela Foohey, Sara Sternberg Greene

Scholarly Works

Credit scoring is central to people’s financial growth and prosperity or financial decline and stagnation. People with a good credit score and accompanying credit report can buy opportunities to advance economically. The benefits they reap from their attractiveness to lenders and employers helps feed their future success. In contrast, people with a fair or poor credit score become stuck in cycle of high interest rates and costly loan terms, large required down payments, and denied applications for rentals, cell phone plans, and employment. Employers, service providers, lenders, and alternative financial service providers have begun to use alternative credit scoring models, …

The Gendered Interpretation Of Child Marriage: A Niger Case Study, Melissa Safi

Dissertations and Theses

This paper seeks to answer the question, what is the primary factor driving child marriage? I explore the literature in several scholarly articles that explain why the harmful, traditional practice of child marriage is an issue that predominantly affects girls globally. I also utilize the feminist theory of international relations to support my analysis of child marriage as a gender issue. Incorporating evidence from annual international reports, scholarly articles, and mixed methods studies, this paper examines a case study of Niger, where child marriage affects more than half the population of girls under the age of 18. In studying Niger, …

The Enduring Role Of Conflict In The Perpetuation Of Famine: Advancing 'The Right To Adequate Food' For Sustainable Peace, Robert M. Bane

Dissertations and Theses

The present thesis evaluates developments and trends in global conflict dynamics, global systems of governance, and global hunger. Together, the thesis investigates and upholds the notion that famine is a ‘man-made’ phenomenon and explains how famine persists in a world abundant with food. Through analysis and research the following is found: the occurrence of global conflict is accelerating alongside an increase in the severity of organized violence dynamics; global authoritarianism is expanding presenting a threat to global freedoms and liberal democracy; as these trends are occurring, world hunger is steadily on the rise reflecting a significant backsliding of progress achieved …

Keeping It Complex With Philip Hunton, John Locke, And The United States Federal Judiciary: On The Merit Of Murkiness In Separation Of Powers Jurisprudence, Michelle M. Kundmueller

Political Science & Geography Faculty Publications

This article draws on the resources of a little-known political theorist, Philip Hunton, to explain the function of “murky” jurisprudence in the maintenance of separation of powers over time. In the era immediately before the drafting of the United States Constitution, separation of powers was a touted remedy to tyranny. But if government is thus moderated, a critical question arises: who will judge the precise contours of each institution’s powers? This article addresses this longstanding question by comparing the solutions offered by Philip Hunton, John Locke, and the United States judiciary. I conclude that the judiciary’s decried inability to clarify …

A Congressional Review Act For The Major Questions Doctrine, Christopher J. Walker

Articles

Last Term, the Supreme Court recognized a new major questions doctrine, which requires Congress to provide clear statutory authorization for an agency to regulate on a question of great economic or political significance. This new substantive canon of statutory interpretation will be invoked in court challenges to federal agency actions across the country, and it will no doubt spark considerable scholarly attention. This Essay does not wade into those doctrinal or theoretical debates. Instead, it suggests one way Congress could respond: by enacting a Congressional Review Act for the major questions doctrine. In other words, Congress could establish a fast-track …

Exclusion Cycles: Reinforcing Disparities In Medicine, Ana Bracic, Shawneequa L. Callier, Nicholson Price

Articles

Minoritized populations face exclusion across contexts from politics to welfare to medicine. In medicine, exclusion manifests in substantial disparities in practice and in outcome. While these disparities arise from many sources, the interaction between institutions, dominant-group behaviors, and minoritized responses shape the overall pattern and are key to improving it. We apply the theory of exclusion cycles to medical practice, the collection of medical big data, and the development of artificial intelligence in medicine. These cycles are both self-reinforcing and other-reinforcing, leading to dismayingly persistent exclusion. The interactions between such cycles offer lessons and prescriptions for effective policy.

Not A Suicide Pact: Urgent Strategic Recommendations For Reducing Domestic Terrorism In The United States, Barbara L. Mcquade

Articles

America’s Bill of Rights protects U.S. citizens’ rights to free speech, to bear arms, and to be free from unreasonable searches and seizures, among other things. But, as the Supreme Court has consistently held, no right is absolute. All rights must be balanced against other societal needs, including and especially public safety. As the threat of domestic terrorism metastasizes in the United States, Americans need to use the practical wisdom that Justice Robert L. Jackson advised in 1949 to ensure the survival of the republic.

In recognition of this growing threat, the Biden administration issued the nation’s first National Strategy …

The Impact Of The Covid-19 Pandemic On First-Generation Women Test-Takers: Magnifying Adversities, Stress, And Consequences For Bar Exam Performance., Freiburger Erin, Victor D. Quintanilla, Kurt Hugenberg, Sam Erman, Nedim Yel, Anita Kim, Mary C. Murphy

Articles

By magnifying gender- and socioeconomic status-based inequalities, the COVID-19 pandemic caused stress and disrupted career progress for professional students. The present work investigated the impact of pandemic-related stress and prevailing barriers on structurally disadvantaged women preparing for a high-stakes professional exam. In Study 1, we found that among US law students preparing for the October 2020 California Bar Exam—the professional exam that enables one to become a practicing attorney in California—first-generation women reported the greatest stress from pandemic-related burdens and underperformed on the exam relative to others overall, and particularly compared to continuing-generation women. This underperformance was explained by pandemic-related …

Can Delaying An Execution Due To Covid-19 Amount To Unconstitutional Discrimination?, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

This note discusses the case of Syed Suhail bin Syed Zin v Attorney-General [2021] 1 SLR 809 (CA); [2021] 4 SLR 698 (HC) and its implications for equality law in Singapore.