Social and Behavioral Sciences Commons^™

Santa Clara Magazine, Volume 61 Number 2, Spring 2020 [Print Issue V.61:1], Santa Clara University

Santa Clara Magazine

14 - THE UPSTART How Michael Mondavi ’66 helped get Napa on the wine map. By Ron Hansen.

18 - OF WOMEN AND MEN Emeritus professors dish on their research into wine and women. By Tracy Seipel.

22 - A SIGN OF LIGHT A Jesuit priest finds meaning on death row. By George Williams, S.J.

26 - FIRE AND WINE As the climate changes, what’s next for wine remains murky. By Tracy Seipel.

The Revolving Door Of Recidivism, Laura E. Bull

Classical Conversations

With the rise in the use of prisons, recidivism also grew. Recidivism, in the broadest sense, is the act of a past offender coming back into contact with the justice system. Prisons have been used as far back as the fourth century, but over time their purpose has changed. Today in the United States, the main purpose of prisons is rehabilitation. The most recent law, the First Steps Act, reflects the desire to reduce the trend of recidivism. Many programs have been used as a method of reducing recidivism. Recidivism is a cycle of pain, creating jaded prisoners and placing …

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …

Much Obliged? Moral Psychology And The Social Obligation Of Property: An Essay In Honor Of Gregory Alexander, Nestor M. Davidson

Cornell Journal of Law and Public Policy

Few scholars have argued as eloquently as Gregory Alexander for the normative force of social obligation in American property law and for a broader understanding of property as inherently relational. The idea that mutual regard for the ability of each person to have meaningful life choices means that ownership entails duties to others has always seemed to me-perhaps not surprisingly given my own moral intuitive priors-deeply compelling. But it is clear that other moral intuitions lead people to value just as deeply and just as intuitively property's ability to establish individual sanctuary within strong, clear boundaries. I don't have the …

It's Not Personal: Social Obligations In The Office Of Ownership, Larissa Katz

Cornell Journal of Law and Public Policy

In November 2016, the City of Vancouver passed its "Vacancy Tax By-law." The law requires homeowners to submit a property status declaration each year to the City, revealing the uses they are making of their property. An owner whose property is not rented or in use for at least 6 months a year is subject to a vacancy tax. The stated purpose of the law is to address the affordable housing crisis in Vancouver, a city where the official rental vacancy rate is less than 1%. By penalizing absentee owners, the law is intended to increase supply and to deter …

Liberalism And The Commons, Hanoch Dagan

Cornell Journal of Law and Public Policy

It is a real privilege for me to participate in the celebration of Greg Alexander's enormous contribution to the scholarship and jurisprudence on property, which has enhanced our understanding of property in numerous ways. Alexander utilized almost every tool in a legal theorist's kit-notably: history, comparative law, and philosophical investigation-to study property and developed an innovative and nuanced theory of property. Property, for Alexander, has a core role in fostering human flourishing. A proper conception of property, he claims, must acknowledge that obligations and not just rights, and communities and not only individuals, take center stage.

How Factors Of State Supreme Court Retention Affect Votes To Overturn Precedent: How Do Different Factors Of State Supreme Court Composition Effect The Likelihood That Salient Cases Will Result In An Overturning Of Precedent?, Autumn N. Fosteson

Political Science Theses and Capstones

Since the establishment of individual states supreme courts, there has been debate on the best way to retain individual judges to their court. With five different forms of retention, each comes with their own set of outside forces that determine how a judge behaves while on the court. Some of these outside forces like a judge’s length of service on the court can also affect the decision to overturn a standing precedent, especially when the case captures great amounts of media attention. Salient cases are often more likely to result in an overturned precedent than other cases but outside factors …

Are Police Actions Towards African Americans Different From Other Races?, Colby King

Political Science Theses and Capstones

Research implies that African Americans and other minorities experience racial disparities in their encounters with police. Their white counterparts tend to not experience any racially driven disparity. Oftentimes this research does not use different characteristics while testing for racial disparity, leaving much more to be explored when researching police encounters among minorities. I will be using data from the United States Department of Justice, Bureau of Justice Statistics to test some of these characteristics. This study will test demographics regarding the citizens race and gender, as well as the nature of their police encounters. Using these demographics, we can find …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 53, Number 1, Spring 2020

Nebraska Transcript

2 Dean's Message

4 Faculty Notes

10 Civil Procedure, State Con Law scholar, Jonathan Marshfield, joins Nebraska Law

11 Remembering Steve Kalish

14 Remembering Marty Gardner: Long time faculty member, Gardner loved teaching, prioritized students. Professor Marty Gardner passed away late November 2019. His longtime friend and colleague, Professor Robert Denicola, remembers his kindness and love of teaching.

17 University hosts FCC Chairman Ajit Pai

18 Nebraska Law Hosts 12th Annual Nebraska Space Law Conference

20 Women’s Leadership Initiative features former ACLU president Nadine Strossen

29 Football agent Mulugheta maintains, ‘For success, be all in, but find balance' David Mulugheta, …

Digital Forensic Readiness: An Examination Of Law Enforcement Agencies In The State Of Maryland, James B. Mcnicholas Iii

Masters Theses & Doctoral Dissertations

Digital forensic readiness within the law enforcement community, especially at the local level, has gone mostly unexplored. As a result, a current lack of data exists that examines the digital forensic readiness of individual agencies, the possibility of proximity relationships, and correlations between readiness and backlogs. This quantitative, crosssectional research study sought to explore these issues by focusing on the state of Maryland. The study resulted in the creation of a digital forensic readiness scoring model that was then used to assign digital forensic readiness scores to thirty (30) of the one-hundred-forty-one (141) law enforcement agencies throughout Maryland. It was …

Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk

Northwestern Journal of Law & Social Policy

Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …

Internship Paper: Completed At The Humanitarian Law Center Kosovo, Julia Herzfeld

Independent Study Project (ISP) Collection

This paper discusses my experiences while online interning with the Humanitarian Law Center Kosovo, an organization based out of Prishtina and works to support inclusive and victims-centered transitional justice in Kosovo. I worked primarily on two research projects, one on the Transitional Justice Strategy of Bosnia and Herzegovina and the other on the status of criminal complaints filed by the Humanitarian Law Center in Belgrade to the Serbian justice system related to war crimes committed in Kosovo. While the circumstances surrounding my online internship were not ideal due to the Covid-19 pandemic, my experience greatly enhanced my knowledge of the …

Las Perspectivas Y Experiencias De Los Profesionales Del Campo De La Reproducción Asistida En La Ciudad Autónoma De Buenos Aires Y Bahía Blanca En El Año 2020. / The Perspectives And Experiences Of The Professionals In The Field Of Assisted Reproduction In The Autonomous City Of Buenos Aires And Bahía Blanca In 2020., Calder Hollond

Independent Study Project (ISP) Collection

En este informe se realiza una exploración del campo de la reproducción asistida en Argentina en 2020 a través de entrevistas personales con seis profesionales en el campo. Estos profesionales vienen de Capital Federal y Bahía Blanca y ofrecen perspectivas diversas en el estado del campo en este momento, los cambios que han pasado en los últimos años, y una mirada hacia el futuro. Este informe utiliza una metodología cualitativa y exploratoria, y un diseño observacional transversal. Además, emplea una muestra no probabilística y un diseño descriptivo para introducir el tema de reproducción asistida en Argentina y después analizarlo a …

¿Es Suficiente La Ley De Parto Respetado? Una Investigación Sobre El Parto Respetado Y La Intervención Médica, A Partir De Las Opiniones De Los Profesionales De La Salud Y Una Organizacion De La Sociedad Civil En La Ciudad Autónoma De Buenos Aires, Argentina / Is The Respected Birth Law Enough? An Investigation On The Respected Birth And Medical Interventions Through The Opinions Of Health Professionals And A Civil Society Organization In The Autonomous City Of Buenos Aires, Argentina, Jennifer Rufino

Independent Study Project (ISP) Collection

A través de los años, la medicalización y los avances en el campo de medicina ha garantizado un nivel de seguridad para el proceso del embarazo y el parto. Sin embargo, la intervención médica también ha producido una discusión sobre el aumento de cesáreas, el significado del parto respetado, y los derechos de la mujer. Esta investigación exploró las opiniones de los profesionales de salud y una organización de la sociedad civil sobre la ejecución del parto respetado y el aumentado de la tasa de cesáreas en la Ciudad Autónoma de Buenos Aires, Argentina. Dada la situación de aislamiento social …

Encuadrar El Aborto: Un Estudio De Caso De Dos Medios Impresos Porteños Durante El Debate En El Congreso Nacional De Argentina En 2018 / Framing Abortion: A Case Study Of Two Buenos Aires Print Media During The Debate In The Argentina National Congress In 2018, Emma Lohman

Independent Study Project (ISP) Collection

En 2018 el Proyecto de Ley de la Interrupción Voluntaria del Embarazo fue presentado al Congreso Nacional de Argentina por la Campaña Nacional por el Derecho al Aborto Legal, Seguro y Gratuito, desatando un debate en todo el país sobre el tema. Dado que los medios impresos desempeñaban un rol importante en la conversación, me interesa investigar cómo dos medios impresos de Buenos Aires, el diario La Nación y la publicación comunitaria mensual Revista Cítrica encuadraron el aborto en sus artículos publicados entre junio y agosto de 2018. Utilizando una metodología cualitativa y teniendo en cuenta que los marcos realizan …

Indigenous Communities Versus Oil Companies: Identifying Trends In Tactics And Success Of Indigenous-Led Anti-Petroleum Movements In The Ecuadorian Amazon, Ella V. H. Carlson

Independent Study Project (ISP) Collection

In roughly the last 50 years, the Ecuadorian Amazon has become the epicenter of petroleum production in Ecuador. As oil companies attempt to exploit more and more of the rainforest, they have encroached on indigenous lands, leading to violations of indigenous rights through environmental destruction. As their territories have been invaded, indigenous groups throughout the Amazon have formed movements large and small in resistance to petroleum activities. Scholars have studied select campaigns in the past, but the literature lacks a comparative review of the characteristics of those movements. This paper compiles histories of seven campaigns against petroleum in the Ecuadorian …

¿“La Familia Diversa”?: Una Investigación En Constructos De Familias En Ecuador En El Siglo Xxi, Julia Cornick

Independent Study Project (ISP) Collection

En este ensayo, exploro la constitución ecuatoriana de 2008, específicamente el artículo 67 que reconoce y protege “la familia diversa”. Este artículo supuestamente reconoce “la familia en sus diversos tipos”. Pero, otras partes de la constitución y las acciones del gobierno niegan el artículo en muchas maneras. A pesar de las promesas rotas y palabrerías de la constitución, individuos y grupos en comunidades LGBTI en Ecuador existen afuera de la constitución cuando construyen “familias alternativas”. A través de formas de familias alternativas, los ecuatorianos pueden hacer familias alternativas y significado afuera de la constitución, y voy a investigar las implicaciones …

The Right To Housing In Spain: Community Action And Alternative Housing Models, Georgia Sparks

Independent Study Project (ISP) Collection

The right to housing is guaranteed by Spain's constitution, the principles of the European Union, and U.N. human rights treaties to which Spain is signatory, yet Spain scarcely provides affordable housing and leaves its citizens struggling with poverty and unable to find a place to live. Unlike much of the rest of Europe, Spain’s social rented sector represents less than 1% of its total housing stock. Through policies that favor homeownership, promote the real estate market, and privatize social housing, Spain has left its citizens reliant on the private market for their fundamental need for housing. Social movements and nonprofit …

Room To Grow: A Comparative Analysis Of Cannabis Regulation Models In Europe, Amanda H. Cronin

Independent Study Project (ISP) Collection

Debilitated by years of economic instability, the Spanish economy has not fully rebounded to its once strong place in the European market. And now, in the aftermath of a devastating pandemic, the nation will be searching for new sources of wealth. The lucrative market potential of controlled cannabis in medicinal and recreational settings is an attractive industry gaining popularity across Europe. This paper explores the various policy models and legal systems in Portugal, Germany, and the Netherlands. Combining a variety of sources, I seek to ascertain the best plan for Spain. Ultimately, analysis shows that a multi-pronged approach is the …

The Lived Experience Of African American Juvenile Parole And Probation Officers In The Pacific Northwest, Andre J. Lockett

CUP Ed.D. Dissertations

The purpose of this phenomenological study was to explore and better understand the lived experiences of African American juvenile parole and probation officers in the Pacific Northwest. I conducted semistructured interviews with four African American juvenile parole and probation officers using a transcendental phenomenological framework. This framework was further supported and guided by social identity theory, critical race theory, and person‒organization fit theory. Through detailed semistructured interviews, field notes, and artifacts; honest and thought-provoking insight was gathered about the experiences of African American juvenile parole and probation officers. Furthermore, interview data was coded and analyzed using ATLAS.ti (2020) and during …

A Political Effect On Judicial Decision Making: Does Ideology Or Election Effect The Way Judges Decide?, Kaylynne Lyons

Political Science Theses and Capstones

Politics have shown to have a strong effect on most things in our country. There has been lots of research on our state judicial systems and their effects on judicial decisions. Judges have been accused of having underlying reasons to their decisions even though they are not supposed to. Past research has suggested that how the judge is retained has a small but relevant effect on judicial decision making. The literature review discusses effects of the state's system of judicial selection. That leads us to question more about political effects on decision making. I analyze how the ideology of a …

How To Hack Outreach: An A–Z Guide Of Ideas, Tips, And Tools, Rachel S. Evans, Marie Mize, David Rutland, Szilvia Somodi, Sharon Bradley

Articles, Chapters and Online Publications

In this article librarians and staff collaborate to deliver an alphabetical list of tips, tools, tricks and other resources for how they effectively work inter-departmentally to promote their library and institutional resources, services and information. The piece includes specific examples featuring several ideas from past library events, exhibits and displays, and other efforts with nods to several other colleagues from UGA Law Library. This article served as written documentation of this group's fall 2019 panel presentation at the Georgia Libraries Conference.

Evidence, Arrest Circumstances, And Felony Cocaine Case Processing, Jacqueline G. Lee, Alexander Testa

Criminal Justice Faculty Publications and Presentations

Case evidence and situational arrest characteristics are widely speculated to influence courtroom actor decisions, yet such measures are infrequently included in research. Using new data on felony cocaine cases from an urban county in a Southern non-guideline state, this study examines how physical evidence and arrest circumstances affect three stages of case processing: initial charge type, charge reduction, and sentence length. The influence of evidence appeared strongest at the early stage when prosecutors chose the appropriate charge, though certain evidentiary and arrest measures continued to influence later decisions. Charge reductions were driven mostly by legal factors, and while guilt should …

Faculty Services Newsletter, Maggie Kiel-Morse

Faculty Services Newsletter

No abstract provided.

Racialized Tax Inequity: Wealth, Racism, And The U.S. System Of Taxation, Palma Joy Strand, Nicholas A. Mirkay

Northwestern Journal of Law & Social Policy

This Article describes the connection between wealth inequality and the increasing structural racism in the U.S. tax system since the 1980s. A long-term sociological view (the why) reveals the historical racialization of wealth and a shift in the tax system overall beginning around 1980 to protect and exacerbate wealth inequality, which has been fueled by racial animus and anxiety. A critical tax view (the how) highlights a shift over the same time period at both federal and state levels from taxes on wealth, to taxes on income, and then to taxes on consumption—from greater to less progressivity. Both of these …

Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson

Northwestern Journal of Law & Social Policy

This Article examines the constitutionality of statutes which allow courts to transfer outstanding legal financial obligations to private debt collection agencies. In Washington State, the clerk of courts can transfer the legal financial obligation of a formerly incarcerated person if he or she is only thirty days late making a payment. Upon transfer, the debt collection agencies can assess a “collection fee” of up to 50% of the first $100.000 of the unpaid legal financial obligation, and up to 35% of the unpaid debt over $100,000. This fee becomes part of the LFO debt imposed at sentencing, and like that …

Planned Obsolescence: The Supreme Court And Partisan Redistricting, Ethan Schafer

Honors Projects

Partisan redistricting, more commonly known as gerrymandering, is the act of a political party in power using its majority to draw district maps in such a way that it stays in power or increases its power. The United States Census takes place every ten years as mandated by Article I, Section 2 of the Constitution, when the maps for state and national Congress are redrawn to better allocate representation among the people. Examples of this include the two cases that are discussed in Rucho v Common Cause, the redistricting case from 2019. In this case, both the Democrat-controlled government …

Cannabis And Its Historical Role In America’S Intentional Segregation Of Race, William E. Kelley

Student Publications

One of the more dramatic shifts in attitudes towards a particular trend or culture we have seen during the turn of the century is none other than attitudes towards marijuana. The Cannabis plant, commonly known as marijuana, has been illegal in the United States for a while now. In the past ten years, we have seen an influx of states and countries relaxing their attitudes towards marijuana, and it's potential benefits. While this shift in attitude towards a relatively harmless drug is a step in the right direction, many are unaware of the sinister and racist history behind outlawing the …

The Present And Future Law Enforcement Workforce: A Generational Comparison Of Motivators For Entering And Remaining In The Profession, Nicole Cain

Doctor of Education (Ed.D)

Recruitment and retention are persistent issues within the law enforcement organizations because positions are remaining vacant and fewer people are attracted to the profession. The purpose of this research study was to understand the differences between generational cohorts and specifically the millennial generation’s motivation for entering and remaining in the law enforcement profession, as well as their satisfaction with their career choice. This quantitative, non-experimental research study utilized a survey method to address six research questions. A convenient, purposive sample consisting of sworn police officers from one mid-size law enforcement agency located in central Florida represented the study’s data source. …

The Lasting Impacts Of Mass Consumerism And The Disposable Culture: A Proposition For The Development Of Plastic Shopping Bag Bans In Texas Law, David Brewster

St. Mary's Law Journal

This Article addresses the developing state of plastic bag bans in Texas municipal and state jurisprudence. The Article recites the history of plastic bag bans and their impacts on the environment, the issues pertinent to municipal powers as regulatory devices, and analyzes the most recent case regarding bag bans in Texas, which is the Texas Supreme Court’s opinion in City of Laredo v. Laredo Merchants Association. The Article makes suggestions about how to move forward in developing municipal plastic bag bans for the benefit of the environment, and addresses the immediate impacts of bag ban litigation and legislation in …