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The United States Supreme Court in the City of Canton v. Harris (1989) held failing to train police officers may be the basis for managerial liability under Title 42 United States Code Section 1983. Using a content analysis, 1,525 Section 1983 lawsuits alleging failure to train were reviewed from 1989 to 1999. The research revealed ten frequent topic areas where the plaintiff regularly identifies police administrators as defendants. Emerging trends of this litigation and recommendations for police administrators are discussed.

The purpose of this paper is to explore lawsuits involving police response to domestic violence incidents. Focusing on the specific legal remedy of due process under Section 1983, the paper seeks to examine federal case law dealing with police response to domestic violence victims. The paper also aims to discuss differences in procedural and substantive due process violations, highlighting circumstances under which the police may be held liable for improper response to domestic violence incidents.

This paper qualitatively examines relevant Section 1983 federal court decisions (n=27 as of May, 2008) identified through a query of Lexis Nexis for the last ten years (before and after Castle Rock) dealing with lawsuits arising from domestic abuse investigations.

The preponderance of cases have resulted in dismissals of summary judgments filed against police officers and agencies for allegations that the police violated plaintiffs' due process rights. The recent Supreme Court decision in Town of Castle Rock v. Gonzales has prevented plaintiffs from seeking relief under procedural due process; however, domestic abuse victims have been successful to some extent using substantive due process as a basis for civil action. Plaintiffs have prevailed in federal courts alleging that the police acted with deliberate indifference or conscious disregard for victims' civil rights.

The paper is limited to federal court decisions involving due process violations and does not account for factors resulting in state tort negligence lawsuits filed against the police. Moreover, federal courts will likely continue to use substantive due process as a Section 1983 remedy for domestic violence victims as research and awareness on domestic violence policy evolves.

The paper suggests that police agencies should take note of recent court decisions applicable to their jurisdictions as domestic violence enforcement policy remains fragmented. Agencies should ensure that police dispatcher 911 call classification policies are current and that training guidelines comport with these policies.

Given the prevalence of domestic violence in the USA, police agencies should expect increases in the number of lawsuits filed against the police for violations of substantive due process.

This paper aims to analyze the COVID-19 pandemic response in prisons, focusing on the USA, which imprisons a higher percentage of its population than any other country in the world.

This paper evaluates the current pandemic response in prisons based on legal and ethical imperatives for providing health care to prisoners.

Themes of best practices identified include increasing rapid detection of new cases, reducing transmission and advocating for both short- and long-term ethical health care policies. Halting progress now could risk dire consequences and is unacceptable on legal, ethical and public health grounds.

This paper does not involve primary research with prisoners; rather it focuses on reviewing the pandemic response in prisons. Although it may be possible to translate findings in this study to similar environments (e.g. jails and detainment centers), there are unique characteristics pertaining to each that deserve separate, focused analyses.

Outbreaks that occur within prisons are likely to spread to the community and vice versa. Analyses based on ethics, law and public health point to the same conclusion: preventing significant outbreaks within prisons will benefit not only prisoners but also the general public. Furthermore, even though the scientific understanding of the pandemic may change with future research, the ethical and legal principles highlighted in this paper will continue to be foundational when considering just care for prisoners.

In order to understand how collegiate athletics fits within the wider problem of sexual violence on college campuses, the purpose of this paper is to start with an examination of the overall scope of the issue of sexual violence in the USA and the larger culture that produces it. Next, the relevant laws and adjudication of sexual violence operant in American colleges are outlined. Finally, college athletics is placed into this bigger context by highlighting a number of particular cases to illustrate a broader understanding of collegiate athletes involved in sexual violence.

The author examines the history of rape laws and adjudication and the federal laws relevant to institutions of higher education. The author investigates the debate over adjudication of sexual violence within the criminal justice system or through campus systems. The author read previous literature to determine links between sexual violence and collegiate athletes and highlights particular cases that have gotten significant media attention for clues to the rape prone culture that can be fostered within collegiate athletics.

This analysis highlights how collegiate athletics can be a context that creates a rape prone culture and that universities and the criminal justice system need further reform to overcome long-standing beliefs in rape myths which perpetuate sexual violence, discourage reporting by victims of sexual violence, deter bystander intervention and underplay the impact of sexual violence on victims. Thus, structural changes are needed within collegiate athletic cultures as well as on college campuses to address sexual violence.

College campuses and athletic departments must address climates that create rape prone cultures. There remains a need for systematic data collection of perpetrators of sexual violence, along side data collection of experiences of sexual violence. College campuses and athletic departments must have in place procedures and policy that adhere to federal law, whereby athletes are not treated differently from non-athletes and victims are offered appropriate services that recognize the trauma of sexual violence. Further progress toward a standard of affirmative consent is needed to move toward greater sexual autonomy for everyone.

There is evidence that collegiate athletes are disproportionately represented among the population of sexual violence perpetrators on college campuses. Thus, it is vital to understand this population and that connection. The value of this work is to explicate the complicated adjudication process between university disciplinary processes and the criminal justice system.

Allegations of excessive force in policing have been cited as one of the most frequent claims filed against the police in arrest situations. The United States Supreme Court in Graham v. Connor (1989) determined that “objective reasonableness” is the Fourth Amendment standard to be used in evaluating claims of excessive force. This paper analyzes the patterns of lower federal court decisions in 1,200 published Section 1983 cases decided from 1989 to 1999. The assessment examines how these courts have applied and interpreted the standard in four categories involving force. Policy and training issues are discussed and future research concerns are presented.

While there are myriad legal issues confronting school leaders, the focus on the complexities involving special education law and bullying has increased recently. The U.S. Department of Education wrote in a 2014 “Dear Colleague Letter” (Guidance) that its office “has received an ever-increasing number of complaints concerning the bullying of students with disabilities and the effects of that bullying on their education, including on the special education and related services to which they are entitled” (p. 1). The Guidance as well as recent litigation illustrates how plaintiffs have alleged violations under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973 and/or the Americans with Disabilities Act when students with disabilities are bullied in schools. In this chapter, after discussing the related literature and the legal context, we examine several illustrative recent cases and the 2014 Guidance to highlight the relevant issues for school leaders. We conclude with recommendations and emphasize that school leaders must become knowledgeable about this emerging legal topic. Specifically, with a greater understanding of how they can prevent and respond to the bullying of students with disabilities, school leaders have the power to make great social change within schools.

The fastest growing sector of the prison population is older people. Although the numbers are still relatively small (just under 2,500 in 2007), it would seem that the ‘sameness’ principle within prisons renders older prisoners invisible. The health of older prisoners is a matter of concern ‐ research indicates that you age 10 years faster in prison (Uzoaba, 1998) which can compound the problems that may be associated with ageing. The provision of health and social care do not match those for older people outside of the prison system. This article considers the legal issues surrounding the treatment of older prisoners. It recognises that restrictions on liberty are a component of the prison system; however, it questions whether the consequences of ‘sameness’ infringe the legal rights of older prisons. It recommends a statutory presumption of equivalence of care, which can only be rebutted expressly or by necessary implication.

While the literature on migration highlights the reshaping of host and immigrant population in countries, there is a paucity of research in marketing investigating the evolving dynamics for acculturation. The purpose of this study is to further the understanding of the emerging phenomenon of acculturation and identity negotiation.

Three experiments examined situational ethnicity, self-construal and identity negotiation in home and host culture work and social settings. Study 1 and Study 2 were conducted in the United Kingdom (UK), where the host country is the majority population. Study 3 was conducted in the United Arab Emirates (UAE), where the host country is the minority population. Study 4 utilized qualitative interviews in both countries.

Results from all four studies show that ethnic consumers deploy “indifference” as an identity negotiation mechanism when the host society is the majority population (UK) and when the host society has the minority population (UAE).

The authors offer new insights into identity negotiation by ethnic consumers when the host society is the majority population as well as the minority population. “Indifference”, i.e. preferring to neither fit in nor stand out as an identity negotiation mechanism, is deployed in work and social settings of home and host societies. The authors also advance the existing literature on acculturation by examining whether independent and interdependent self-construal influence identity negotiation.

By highlighting the real world experiences of cause lawyers who work on behalf of HIV-infected prisoners (e.g., “activist prisoner lawyering”), this article reports on the often-difficult negotiations over roles (litigator v. activist) that such actors face. The article investigates through the stories of activist prison lawyers, in the words of one such respondent, how “different approaches need to be taken in different settings.” For activist prison lawyers, when a client's life literally hangs in the balance litigation may be the only option. In other instances, using a case to bring public awareness to broader movement objectives may be chosen as a proper course of action. The article elucidates how such negotiations often entail the dilemma of balancing broader goals of the prisoner rights movement with the immediate, indeed sometimes life and death, circumstances facing the individuals and communities they represent. The article concludes with a call for future work on cause lawyers and social movements in other contexts to problematize law as a static, dichotomous variable that either does or does not bring desired institutional or societal change. Viewing law as a dichotomous variable masks the politically significant effects litigation may have for influencing both institutional arrangements and social consciousness over time. Furthermore, the dichotomous conception of law as a catalyst/not a catalyst for social change also glosses over the importance of the meso-level of analysis. By paying attention to the demands of a specific legal context, the immediate circumstances of a specific situation, and the way the former and the latter may be inextricably linked, future studies can make important and nuanced contributions to our understanding of the complex relationship between law, and social change.

Purpose – This chapter gives an overview of the impact that the COVID-19 pandemic has had on institutional corrections in the United States and the responses correctional institutions have taken to lessen those impacts.

Methodology/Approach – A review of the extant literature was conducted to gather information on COVID-19 and the institutional corrections systems within the United States.

Findings – The impacts of the COVID-19 pandemic on correctional institutions within the United States were more pronounced due to the demographic characteristics of inmates and facility challenges. Responses to outbreaks or potential outbreaks in jails and prisons in the United States included screening measures, restricted inmate movement and visitation, and decarceration efforts.

Originality/Value – This chapter builds upon literature by discussing the challenges posed to correctional institutions in the United States in the face of the COVID-19 pandemic and summarizing the measures taken to reduce the impact of COVID-19 on inmates, institutional staff, and community members alike.