Social and Behavioral Sciences Commons^™

The Gaps Model And Faculty Services: Quality Analysis Through A “New” Lens, Alex Zhang, Sherry Xin Chen

Faculty Scholarship

Faculty service is an important function of U.S. academic law libraries. This article evaluates three types of faculty services programs using the Gaps Model to identify, analyze, and propose ways to fill four main gaps: knowledge, policy, delivery, and service quality.

Covid-19'S Impact On Students With Disabilities In Under-Resourced School Districts, Crystal Grant

Faculty Scholarship

This Essay explores the plight of students with disabilities during the COVID-19 pandemic, particularly those enrolled in under-resourced school districts. To address these ongoing disparities, remediate student regression, and prevent further educational loss, we must act quickly to get resources to the students who need it most and to guide districts towards using these resources effectively. This Essay questions whether federal and state governments are truly committed to creatively examining the current special education framework and adopting solutions that will prioritize expanding access to resources for students with disabilities. These solutions include an immediate advancement of funds to aid states …

The Transparency Of Jail Data, William E. Crozier, Brandon L. Garrett, Arvind Krishnamurthy

Faculty Scholarship

Across the country, pretrial policies and practices concerning the use of cash bail are in flux, but it is not readily possible for members of the public to assess whether or how those changes in policy and practice are affecting outcomes. A range of actors affect the jail population, including: law enforcement who make arrest decisions, magistrates and judges who rule at hearings on pretrial conditions and may modify such conditions, prosecutors and defense lawyers who litigate at hearings, pretrial-service providers who assist in evaluation and supervision of persons detained pretrial, and the custodian of the jail who supervises facilities. …

Law, Artificial Intelligence, And Natural Language Processing: A Funny Thing Happened On The Way To My Search Results, Paul D. Callister

Faculty Works

Renowned legal educator Roscoe Pound stated, “Law must be stable and yet it cannot stand still.” Yet, as Susan Nevelow Mart has demonstrated in a seminal article that the different online research services (Westlaw, Lexis Advance, Fastcase, Google Scholar, Ravel and Casetext) produce significantly different results when researching case law. Furthermore, a recent study of 325 federal courts of appeals decisions, revealed that only 16% of the cases cited in appellate briefs make it into the courts’ opinions. This does not exactly inspire confidence in legal research or its tools to maintain stability of the law. As Robert Berring foresaw, …

The Prosecutor As A Final Safeguard Against False Convictions: How Prosecutors Assist With Exoneration, Elizabeth Webster

Journal of Criminal Law and Criminology

Prosecutors have helped secure an unprecedented number of recent exonerations. This development, combined with the rapid emergence of district attorney-initiated conviction integrity units (CIUs) raises several questions. How do prosecutors’ offices review postconviction innocence claims? How do they make decisions about the merits of those claims? How do CIU processes differ from non-CIU processes? This study examines the circumstances surrounding prosecutor-assisted exoneration cases through semi-structured interviews with 20 prosecutors and 19 defense attorneys. It draws from a sample of both CIU and non-CIU prosecutors, thereby enabling comparisons. Respondents were asked about their experiences and decision-making structures in specific, post-2005 exoneration …

Germany’S Digital Health Reforms In The Covid-19 Era: Lessons And Opportunities For Other Countries, Sara Gerke, Ariel D. Stern, Timo Minssen

Faculty Scholarly Works

Reimbursement is a key challenge for many new digital health solutions, whose importance and value have been highlighted and expanded by the current COVID-19 pandemic. Germany’s new Digital Healthcare Act (Digitale–Versorgung–Gesetz or DVG) entitles all individuals covered by statutory health insurance to reimbursement for certain digital health applications (i.e., insurers will pay for their use). Since Germany, like the United States (US), is a multi-payer health care system, the new Act provides a particularly interesting case study for US policymakers. We first provide an overview of the new German DVG and outline the landscape for reimbursement of digital health solutions …

Destigmatizing Disability In The Law Of Immigration Admissions, Medha D. Makhlouf

Faculty Contributions to Books

In U.S. immigration law, disability has historically been associated with deviance, and has served as the basis for legal barriers to entry and eventual citizenship. For example, immigrants with actual and perceived physical and intellectual disabilities, mental illness, and other health conditions have been deemed “inadmissible” to the United States based on the belief that they are likely to become dependent on the government for support. Although the law has evolved to accommodate immigrants with disabilities in some ways, significant legal barriers still exist on account of the widespread, persistent characterization of disability as a “bad difference” from the norm. …

Prior Discipline And Performance Among Police Officers: Does Organizational Fairness Matter?, Richard Helfers, Paul D. Reynolds, Jon Maskaly

Criminal Justice Faculty Publications and Presentations

Using a survey of police officers (n=1080) in a southern state of the USA, this study examines how overall performance is influenced by organizational fairness and prior disciplinary actions. In particular, this study focuses on the relationship between organizational treatment and officers’ self-acknowledged engagement in more innocuous forms of negative workrelated behaviors, general task performance, and extra-role behaviors. Results suggest prior disciplinary actions and organizational treatment are related to officer performance. Our findings highlight fair treatment’s relationship to enhanced prosocial activities and reduced negative work behaviors. Of importance to police administrators, police officers’ fairness perceptions of the police organization appear …

Water For Fish And Farms: An Examination Of Instream Flow Programs In Montana Using Spatially-Explicit Water Rights Data, Anna Leigh Crockett

Graduate Student Theses, Dissertations, & Professional Papers

The state-level institutions governing water use in the western United States have increasingly come under pressure and scrutiny related to their inability to navigate water use conflicts in recent decades. Rapid population growth and shifting public values towards leaving water instream for recreational and environmental purposes pose challenges to Montana water supplies which are predominantly allocated for irrigated agriculture. Additionally, while water scarcity and unpredictable availability are not new dilemmas in Montana, the rate at which climate change is driving shifts in the distribution, timing, and availability of water supplies is unprecedented. Current water policies may not be nimble enough …

Rights, Water, And Guardians: How Rights Of Nature Movements Are Reshaping Our Current Environmental Ethics And What These Policies Need To Be Successful, Megan Schmiesing

Pitzer Senior Theses

Giving legal rights to nature is no longer a fringe idea in international environmental law. Rights of Nature movements have gained traction in countries around the world, including Ecuador, Australia, India, Aotearoa New Zealand, and the United States. The act of organizing to recognize legal rights and legal personhood for nature represents a philosophical, moral, and political shift from previous anthropocentric values. Through two case studies in Aotearoa New Zealand and the United States, this thesis examines the policy language and the context and history that led to their creation. The Te Awa Tupua (Whanganui River Claims Settlement) Act and …

The Weaponization Of Poverty: An Investigation Into United States Military Recruitment Practices In High Schools Of Low-Income Communities In The Inland Empire, Michael Springer-Gould

Pitzer Senior Theses

Military recruitment in the United States is a highly contentious subject that has yielded a multitude of prior research across a variety of academic concentrations. To further the conversation, I narrow my focus to Southern California’s Inland Empire (IE) to explore practices of military recruitment in high schools that serve students in low-income communities. I begin with a general overview of life and labor in the Inland Empire before moving into prior research on military recruitment. My empirical research consists of five in-depth interviews documenting the lived experiences of individuals hailing from and attending high school in low-income communities of …

Academic Law Libraries And Scholarship: Communication, Publishing, And Ranking, Dana Neacsu, James Donovan

Law Faculty Publications

We argue that the increasing role of scholarly impact in determining a school’s status will provide a new opportunity for libraries to assume a critical institutional role behind its traditional support of scholarship and teaching. In practice, this increased role can evolve in a multitude of ways. Based on the data used here, a strong argument can be made in favor of each library taking charge of both their faculty scholarly impact and publication of its school’s journals. Based on the success story of Perma.cc, a good argument can be made in favor of creating a consortium supporting both these …

Keeping Up With New Legal Titles, Susan David Demaine, Susan Azyndar

Articles by Maurer Faculty

No abstract provided.

Previously Incarcerated Individuals’ Perceptions Of Decision-Making Leading To Their Solitary Confinement, Rita Pavone

Walden Dissertations and Doctoral Studies

This study explored the issue of communication in prison systems in conjunction with an overextended utilization of isolation confinement methods. Using Sexton’s conceptualization of the penal subjective consciousness model as a guide, the purpose of this phenomenological study was to better understand the experiences of confined offenders related to their experiences regarding the perspectives of prison officials based on a variety of factors including criminal background, social status, and programming needs. Data from semi-structured interviews with 25 participants addressed the process of communication between prison personnel and inmates from the time of incarceration through placement in isolation confinement, and then …

Three Essays On Entry Barriers And Incentives In Labor Markets, Samuel Ingram

Theses and Dissertations--Economics

Occupational choice at the margin depends on both the incentives for entry and barriers to entry. The primary entry barrier determined by regulation is an occupational license. These are government laws determining the minimum qualifications to enter an occupation including education, testing, fees, and background checks. These regulations are currently enforced on 25% of the US labor market. The laws are crafted to protect consumers from unsafe goods and services but also have important consequences in labor market outcomes. The consequences may include fewer workers entering the profession, changes to which workers enter the profession, and altering competition, all of …

For-Profit Managers As Public Fiduciaries: A Neo-Classical Republican Perspective, Rob Atkinson

Scholarly Publications

This Article examines the fiduciary duties of for-profit managers in modern liberal society. To arrive at the right "mix" of these duties, it compares the fiduciary duties implied by a standard descriptive model of our society with two competing normative models: Lockean libertarianism on the "right" and neo-classical republicanism on the "left." This comparison shows that all three versions of liberalism, even the one with a Lockean nightwatchman state, require far more extensive duties than we now expect, including a professionalization of management itself. And it shows that the version of liberalism with the most expansive state, neo-classical republicanism, requires …

Externalities As The Status Quo: Federal Application Of Environmental Charges In The United States, Robert Zupko

Dissertations, Master's Theses and Master's Reports

Conceptualized as early as 1920 by English economist Arthur Cecil Pigou, but not formalized until later work in the 1970s and 1990s, “environmental charges” are a form of Pigouvian taxes that suggest the revenue burden of governance could be shifted from economic “goods” to environmental “bads”. While their association with Pigouvian taxes would suggest that environmental charges are applied as a policy instrument to encourage the reduction or elimination of environmental externalities, their application at the federal level in the United States suggests this is not the case. This report postulates that federally applied environmental charges accept environmental externalities as …

Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri

Scripps Senior Theses

Titled Black Resistance: Interpretive Agency Enacted Against Mutable Violence, my research discusses a reformed understanding of racial trauma and autonomy. I elaborate on the common reading of slavery in political thought and defend my argument with modern examples of resistance and theory. This text aims to shine light on assumptive narratives by classifying and redefining mutable violence against black America.

Are Opinions On Abortion Based On Racial Attitudes?, Ashley Mueller

Williams Honors College, Honors Research Projects

My specific research question that I will be addressing through my Honors Research Project is; Does one’s race influence their opinions and criminalization of abortion in the United States? In addition to this question I will be discussing if these views have changed over time depending on race, and how their backgrounds, due to their race, may differentiate these views.

Transformation As Desistance Inside: Temporality And Identity Reconstruction Among Men With Life Sentences, Richard Stover

Honors Theses

This thesis is an investigation of destistance strategies among men sentenced to life in prison in a medium security prison in Pennsylvania. Desistance here is defined as the process leading to the cessation of formally deviant behavior. Drawing from life narrative interviews conducted among 22 men, I argue that desistance is intrinsically tied to how inmates conceptualize themselves within the institutional context of the prison and can be expanded to include people who are still incarcerated. I build off of Peggy Giordano and colleagues symbolic interactionist perspective on desistance and expand it to chart how men with life sentences order …

Plant-Based Diets And Covid-19: Those Who Harvest Crops Are At High Risk, Jarret S. Lovell

Animal Sentience

This commentary extends Wiebers & Feigin’s (2020) plea to adopt diets that are less dependent on animals by calling on experts and activists to work for change with regard to farm worker labor conditions. Already doing among the most dangerous jobs, farmworkers are at increased risk of COVID-19. As we increasingly transition to plant-based diets, we must all ensure that farmworkers have safe and just working conditions to meet the demands of our changing diets.

The Economic Impact Of Access To Reproductive Healthcare: A New Constitutional Argument, Niyati Narang

Scripps Senior Theses

This thesis attempts to offer an alternative constitutional argument to Roe v Wade by focusing on the economic liberties granted by the 14th Amendment. By highlighting the connection between reproductive healthcare (abortion access, the pill) and women's economic development, this thesis presents an alternative argument to Roe.

Facilitating Collaborative Metadata Creation For Faculty-Initiated Digital Projects, R. Cecilia Knight, Elizabeth Rodrigues, Rebecca Ciota

Publications

The usability and long-term preservation of digital humanities projects, such as a digital archive or other project built around digitized materials, depend on thoughtful and thorough metadata creation. The variety of expertise required to create high-quality metadata for digital humanities projects practically requires a collaborative approach. Putting the call for collaboration into practice requires tools that are accessible and functional for all collaborators. Research on tools for metadata creation has tended to focus either on tools for librarians to manage digital project metadata or on tools for independent author metadata creation (Greenberg, 2003; Crystal & Greenberg, 2005). The …

The Influence Of The Chinese Government's Political Ideology In The Field Of Corporate Environmental Reporting, Hui Situ, Carol Tilt, Pi-Shen Seet

Research outputs 2014 to 2021

© 2020, Hui Situ, Carol Tilt, Pi-Shen Seet. Purpose: In a state capitalist country such as China, an important influence on company reporting is the government, which can influence company decision-making. The nature and impact of how the Chinese government uses its symbolic power to promote corporate environmental reporting (CER) have been under-studied, and therefore, this paper aims to address this gap in the literature by investigating the various strategies the Chinese government uses to influence CER and how political ideology plays a key role. Design/methodology/approach: This study uses discourse analysis to examine the annual reports and corporate social responsibility …

“I Do Not Feel I Am A Piece Of Property To Be Bought And Sold Irrespective Of My Wishes:” Athlete Activism And The Sociocultural Impact Of Curt Flood’S Lawsuit Against Major League Baseball, Luka Green

Pomona Senior Theses

In January 1970, St. Louis Cardinals outfielder Curt Flood filed a suit against MLB Commissioner Bowie Kuhn, protesting the Reserve Clause in Major League Baseball that did not allow players the right to negotiate contract terms with any team but their current one. In doing so, he cemented his status as a divisive figure in baseball, the media, and with the general public. One of the primary reasons for such an extreme reaction was Flood’s rhetoric surrounding the case, as he repeatedly invoked slavery and other forms of peonage when describing the working conditions of professional baseball players. This sparked …

From The Legal Literature: Criminalizing Propaganda: J. Remy Green’S Argument To Digitize Brandenburg, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: The Threat And Promise Of Police Use Of Dna Databases, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Automating Police, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Disentangling Prison And Punishment, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Works Of Eleanor D. Kinney, Susan David Demaine

Articles by Maurer Faculty

Eleanor D. Kinney was a prolific scholar throughout her thirty-five years as a professor at Indiana University Robert H. McKinney School of Law. She authored or co-authored more than seventy-five journal articles, publishing in numerous peer-reviewed medical and health journals, as well as law reviews. She wrote three books, edited a fourth, and published nine book chapters

Professor Kinney’s work has been cited in at least ten court opinions. Her work has garnered more than 700 citations in law review articles, and nearly 200 in medical and health policy journals. The influence of her work places her within the top …