Regis University
Northwestern Pritzker School of Law
San Jose State University
Coastal Carolina University
Grand Valley State University
Medical College of Wisconsin
The False Promise Of Jurisdiction Stripping,
2024
Washington University in St. Louis School of Law
The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell
Scholarship@WashULaw
Jurisdiction stripping is seen as a nuclear option. Its logic is simple: by depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. In theory, it frees up the political branches and the states to act without fear of judicial second-guessing. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction stripping measures …
Contract-Wrapped Property,
2024
Washington University in St. Louis School of Law
Contract-Wrapped Property, Danielle D'Onfro
Scholarship@WashULaw
For nearly two centuries, the law has allowed servitudes that “run with” real property while consistently refusing to permit servitudes attached to personal property. That is, owners of land can establish new, specific requirements for the property that bind all future owners—but owners of chattels cannot. In recent decades, however, firms have increasingly begun relying on contract provisions that purport to bind future owners of chattels. These developments began in the context of software licensing, but they have started to migrate to chattels not encumbered by software. Courts encountering these provisions have mostly missed their significance, focusing instead on questions …
Voting Under The Federal Constitution,
2024
Washington University in St. Louis School of Law
Voting Under The Federal Constitution, Travis Crum
Scholarship@WashULaw
There is no explicit, affirmative right to vote in the federal Constitution. At the Founding, States had total discretion to choose their electorate. Although that electorate was the most democratic in history, the franchise was largely limited to property-owning White men. Over the course of two centuries, the United States democratized, albeit in fits and starts. The right to vote was often expanded in response to wartime service and mobilization.
A series of constitutional amendments prohibited discrimination in voting on account of race (Fifteenth), sex (Nineteenth), inability to pay a poll tax (Twenty-Fourth), and age (Twenty-Sixth). These amendments were worded …
Mitigating Sex Trafficking: Preventative Methods For Reducing Sexual Exploitation,
2023
Portland State University
Mitigating Sex Trafficking: Preventative Methods For Reducing Sexual Exploitation, Autumn R. Monroe
University Honors Theses
In recent years, sex trafficking has become more well-known in the public sphere, generating activism and legislation in an effort to combat this human rights issue. With this increased awareness comes challenges in appropriately understanding sex trafficking. The general public and even lawmakers often do not understand the complete dynamic or complexities of sex trafficking. Definitional inconsistencies make it difficult to provide a universal definition of sex trafficking, contributing to misconceptions involving the methods of entry and the barriers to exiting. Ultimately, this prevents proper identification of victims, hinders the protection of victims, and the implementation of survivor-oriented legislation, meaning …
Decriminalizing Drugs: A Comparative Study Of Oregon In An International Context,
2023
Portland State University
Decriminalizing Drugs: A Comparative Study Of Oregon In An International Context, Fox Millsaps
University Honors Theses
Oregon made history in 2020 when voters joined together to approve ballot measure 110, the Drug Addiction Treatment and Recovery Act, which decriminalized personal amounts of all illicit substances. This was done in a bid to begin treating the ongoing drug crisis as a public health issue as opposed to a criminal justice issue. While Oregon may be the first in the nation to make such a move, they are not the first government to experiment with decriminalizing ‘hard drugs.’ Some argue that Oregon’s model was based on Portugal’s decriminalization effort and point to Portugal’s success as a potential outcome …
Prosecutorial Actus Reus: Appellate Review Of Prosecutorial Misconduct And The Diminishment Of Responsibility,
2023
Rutgers University, Newark, NJ, USA
Prosecutorial Actus Reus: Appellate Review Of Prosecutorial Misconduct And The Diminishment Of Responsibility, Elizabeth Griffiths, Heather L. Scheuerman, Sandy Xie
International Journal on Responsibility
The socio-historical concept of criminal responsibility links the action (actus reus) and mental state (mens rea), or intention, of the actor (i.e., the defendant) to determine legal and moral liability for his or her behavior and to apportion punishment. When the actor responsible for immoral conduct is the prosecutor in pursuit of a conviction, the courts respond very differently. More specifically, because prosecutors are presumed to be moral and ethical system actors, assumptions about their good character likely influence the ways in which they are held to account. This study explores the content and arguments made …
Examining Remorse In Attributions Of Focal Concerns During Sentencing: A Study Of Probation Officers,
2023
Rutgers University, School of Criminal Justice
Examining Remorse In Attributions Of Focal Concerns During Sentencing: A Study Of Probation Officers, Colleen M. Berryessa
International Journal on Responsibility
This research, using interviews with probation officers in the United States (n = 151) and a constant comparative method for analysis, draws from the focal concerns framework to qualitatively model a process by which probation officers use a defendant’s remorse to attribute focal concerns in order to guide their sentencing recommendations in pre-sentencing reports. The model suggests that officers use expressions of remorse to make attributions about mitigated criminal intention (blameworthiness and notions of responsibility), reduced dangerousness and a high potential for reform (community protection), and organization-level effects for increasing caseload efficiency and using correctional resources (practical effects of …
Assessing School Psychologists’ Perspective Of Students Entering A School District From Juvenile Detention Facilities,
2023
Duquesne University
Assessing School Psychologists’ Perspective Of Students Entering A School District From Juvenile Detention Facilities, Emily Wuenschell
Electronic Theses and Dissertations
Adolescents who are involved with the juvenile justice system encounter setbacks, stigma, and other increased risk factors that negatively impact their future life outcomes. Schools, and in turn school psychologists, are in the unique position of being able to provide effective services for these adolescents. Previous research has identified many practices that schools can implement to improve the academic, social, and vocational prospects of adolescents entering their districts from a juvenile justice placement. This study sought to understand the role of school psychologists in this transition by assessing their recommendations for and opinions of students involved with juvenile justice. Results …
"The Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth,
2023
University of Massachusetts Amherst
"The Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth, Amber Vayo
Doctoral Dissertations
“The Land that Feminism Forgot” is an in-depth exploration of the politics of childbirth that draws together qualitative and quantitative evidence to theorize the connections between treatment in childbirth and maternal mortality. Situating the qualitative research in the larger national context, the second chapter offers a State Reproductive Autonomy Index that provides an overview of the reproductive policy landscape at the national level. The dissertation then explores the role of institutionalized childbirth, medical mistrust, and obstetric violence in the U.S.’s longstanding maternal mortality crisis and offers policy suggestions in key public health areas. Through 120 qualitative interviews with people who …
Leadership In Action: An Introspective Reflection,
2023
Georgia State University
Leadership In Action: An Introspective Reflection, Natasha N. Johnson
CJC Publications
This chapter highlights reflective practice as the core element of the ongoing art of introspective leadership. Firstly, while there is no one without the other, what does exist here is a dependent and independent variable. The independent variable, reflective practice, undeniably begins with self. Any person committed to a life of professional development must realize that one's personal development comes first. The introspection and assiduous work required is prodigious, to say the least. A practitioner understands that this work is cyclical in nature. As underlined in this chapter, it is essential to recognize the role of introspection in leadership. This …
Method Development And Validation Of Controlled Substances On A Gas Chromatography - Fourier Transform Infrared Spectrophotometer,
2023
CUNY John Jay College
Method Development And Validation Of Controlled Substances On A Gas Chromatography - Fourier Transform Infrared Spectrophotometer, Regina E. Filus
Student Theses
The goal of this project was to perform a validation and a method development for an Agilent 7890 Gas Chromatograph connected to a Thermo iS50 Fourier Transform Infrared Spectrophotometer in order to put the instrument into functional and operational use. Both instruments are connected via an interface allowing for simultaneous analysis of a sample. A custom-made in-house library was created in order to search and compare to future unknown case samples. Reference materials were run and reviewed in order to determine which method and concentrations would provide the best infrared scans, and the sample repeatability runs were used to develop …
The Trouble With Time Served,
2023
University of Pennsylvania Carey Law School
The Trouble With Time Served, Kimberly Ferzan
All Faculty Scholarship
Every jurisdiction in the United States gives criminal defendants “credit” against their sentence for the time they spend detained pretrial. In a world of mass incarceration and overcriminalization that disproportionately impacts people of color, this practice appears to be a welcome mechanism for mercy and justice. In fact, however, crediting detainees for time served is perverse. It harms the innocent. A defendant who is found not guilty, or whose case is dismissed, gets nothing. Crediting time served also allows the state to avoid internalizing the full costs of pretrial detention, thereby making overinclusive detention standards less expensive. Finally, crediting time …
People And Power: Person-First Language Usage And The Criminal Justice System,
2023
Michigan State University
People And Power: Person-First Language Usage And The Criminal Justice System, Casey E. Orr
Amplify: A Journal of Writing-as-Activism
Language is power. Word choice and terminology, especially those referring to people, are expressions of societal norms and institutional power. Dehumanizing crime-first terms and labels are abundant and common in criminal justice contexts despite being protested by system-involved individuals and activists. Instead, many advocate for person-first terms wherein identifying language emphasizes an individual’s humanity. With a peace-focused anthropological framework, this paper presents the case for person-first language in criminal justice contexts. It is evident that adopting first-person language usage regarding the criminal justice system is necessary after analyzing and considering the multiple sources, such as the voices of those who …
Community Supervision: Perspectives Of Probation And Parole Officers And Supervisors On Key Supervision Approaches And Policy Changes,
2023
Portland State University
Community Supervision: Perspectives Of Probation And Parole Officers And Supervisors On Key Supervision Approaches And Policy Changes, Asianna Nelson
Dissertations and Theses
This study explores the differences across community supervision approaches in Oregon and how the implementation of state policies has influenced this field. Therefore, this study seeks to answer the following research questions: 1) How do POs and supervisors define their approach to community supervision? 2) How have POs and supervisors experienced shifts in state policy? Fourteen line staff and supervisors from seven Oregon probation and parole agencies were interviewed to answer these research questions. The findings suggest that most agencies are using evidence-based practices and implementing state policies. However, variation exists across the represented agencies in the experiences and perceptions …
Aotearoa New Zealand, The Forcible Transfer Of Tamariki And Rangatahi Māori, And The Royal Commission On Abuse In Care,
2023
University of Guelph
Aotearoa New Zealand, The Forcible Transfer Of Tamariki And Rangatahi Māori, And The Royal Commission On Abuse In Care, David B. Macdonald
Genocide Studies and Prevention: An International Journal
This article investigates to what extent the forcible transfer of tamariki and rangatahi Māori (Indigenous children and youth) in Aotearoa New Zealand can be considered genocide. First, I begin by exploring contemporary genocide theory as it relates to dolus eventualis in settler colonial contexts, before engaging with precedents for recognizing Indigenous genocides established by truth commissions in Canada (2015; 2019) and Australia (1997). I then explore the history around Indigenous child removal in Aotearoa from the onset of colonization to the present day, attentive to ways in which the UN Convention can apply to the forced removal of Māori children. …
Law School News: Rwu Alumni Named To Pbn's 2023 40 Under Forty List 7/5/2023,
2023
Roger Williams University
Law School News: Rwu Alumni Named To Pbn's 2023 40 Under Forty List 7/5/2023, Stacey Pacheco
Life of the Law School (1993- )
No abstract provided.
Law Enforcement Recruitment, Why It Matters, And Key Management Decisions, Part Two,
2023
Cedarville University
Law Enforcement Recruitment, Why It Matters, And Key Management Decisions, Part Two, Patrick Oliver
History and Government Faculty Publications
No abstract provided.
Addressing Barriers To Housing In Reentry Programs Working To Address A Variety Of Needs: A Qualitative Study Of Second Chance Act Grantees,
2023
Georgia State University
Addressing Barriers To Housing In Reentry Programs Working To Address A Variety Of Needs: A Qualitative Study Of Second Chance Act Grantees, Elizabeth L. Beck, Natasha N. Johnson, Sommer Delgado, Victoria Helmly, Susan Mclaren, Alice Prendergast, Leigh Alderman, Lorenzo Almada, Brian Bride, Eric Napierala, William Sabol
CJC Publications
Using data from an evaluation of three Second Chance Act grantees, we explore formerly incarcerated people’s (FIP) access to housing. This study is unique in that it includes the perspectives of individuals with lived experiences and the insights of the reentry program providers working to meet their overall needs, including in the area of housing. The data come from reentry programs in three regions of the United States. Although the needs of the people with lived experiences have similarities, regional differences exist, particularly related to housing costs and supply, including the availability of transitional housing. Also, variations exist between FIP …
The Effect Of Resource Quality And Species Interactions On Dermestes Maculatus,
2023
CUNY John Jay College
The Effect Of Resource Quality And Species Interactions On Dermestes Maculatus, Sarah Aliahmad
Student Theses
Forensic entomology is the use and application of insect information in legal matters, particularly in death investigations as insects utilize decomposing remains as a food source to complete their life cycle. Dermestes maculatus (DeGeer), larder beetles belonging to the family Dermestidae, are of considerable forensic importance since their larvae are typically found on human corpses during the later stages of decomposition – the advanced and dry/skeletal stages. Dermestes maculatus can be useful in estimating the post-mortem interval (PMI) of a cadaver with advanced decomposition. The purpose of this study was to investigate the colonization (egg-laying) behavior of D. maculatus; …
Online Radicalization Case Study Of A Mass Shooting: The Payton Gendron Manifesto,
2023
Montclair State University
Online Radicalization Case Study Of A Mass Shooting: The Payton Gendron Manifesto, Daniela Peterka-Benton, Bond Benton
Department of Justice Studies Faculty Scholarship and Creative Works
On May 14th, 2022, 18-year-old Payton S. Gendron of Conklin, New York, drove his car more than 200 miles to a predominantly black neighborhood in Buffalo, New York. At around 2:30 p.m., Gendron arrived at a Tops supermarket wearing body armor, tactical gear and a helmet with a video camera attached. He utilized the camera to livestream the event and carried an AR-15 semi-automatic rifle because of its proven deadly nature. He began firing his assaultrifle in the parking lot of the supermarket, killing three victims. He then went inside the store where he killed a security guard and nine …
