Digital Commons Network^™

All Bark, No Bite: How The Lone Star "Junk-Science Writ" Could Reinvigorate Federal Habeas Review, Robert Harry Saylor Iii

Hofstra Law Review

No abstract provided.

The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia González, Mara Schiff

William & Mary Journal of Race, Gender, and Social Justice

As diverse forms of anti-democratic and anti-inclusionary politics escalate in the United States, public education is increasingly a site for retrenchment and contestation with targeted efforts to silence and erase civil rights victories for equity and access. Addressing a critical, yet unattended issue at the intersection of education law and policy and civil rights, this Article joins with the growing discourse interrogating the “parental rights” movement and racially regressive legislation. Employing a case study analysis of social movement activism and education policy legislation from 2018–2023 in Florida, it aims to provoke critical praxis emanating from essential inquiry— what is the …

Will The New Roberts Court Revive A Formalist Approach To Fourth Amendment Jurisprudence?, Roger Antonio Tejada

UC Law Constitutional Quarterly

While all Chief Justices leave behind distinctive periods of judicial thought and practice, the quantitative and qualitative data presented in this article show that the Roberts Court in particular stands out in the development of Fourth Amendment precedent. The key cases that shaped the search and seizure doctrine before and during his rise show that, contrary to what many may expect, Chief Justice Roberts will likely oversee limited, pro-defendant decisions that could grant additional legitimacy to the Court’s crime-control jurisprudence. On the other hand, the new Justices’ voting records and writings suggest that there are several potential coalitions that could …

Human Rights, Human Duties: Making A Rights-Based Case For Community-Based Restorative Justice, Aparna Polavarapu

William & Mary Journal of Race, Gender, and Social Justice

Restorative justice is often framed as an alternative to the criminal legal system, and thus justifications of restorative justice tend to be rooted in the language of the criminal system. However, this approach limits our way of thinking about the practice of restorative justice, especially non-state, community-based practices. This Article argues for an independent, rights-based justification to support these community-based practices. By offering an in-depth analysis originating from a rights-based perspective, this Article engages with two underdeveloped areas of scholarly literature and suggests a new way of thinking about the day-to-day practice of restorative justice through a human rights lens. …

The Co-Optation Of Restorative Justice And Its Consequences For An Abolitionist Future, Alicia Virani

William & Mary Journal of Race, Gender, and Social Justice

This Article explores the ways in which RJ [restorative justice] has been co-opted, argues that RJ’s core principles can never coexist with the criminal punishment system, and analyzes how RJ co-optation is a barrier to abolitionist goals. It proceeds in three parts. In Part I, I present the fundamental principles upon which RJ processes should be based. While many scholars and practitioners have identified the lack of a consistent RJ definition by which to guide the work, I propose that there are fundamental principles that serve to guide RJ, and these are in stark contrast with the principles and realities …

The Demise Of Housing First Policy: The New Missouri Policy That Criminalizes Homelessness, Kaitlyn Frerking

William & Mary Journal of Race, Gender, and Social Justice

This Note examines the potential negative complications of Missouri H.B. 1606. The Note also explores possible avenues for relief through litigation or policy reform. H.B. 1606 is a Missouri state bill that altered the State’s policy towards decreasing the rate of homelessness in the State of Missouri. Prior to H.B. 1606, Missouri’s homelessness policy resembled a “Housing First” approach where emphasis was placed on providing affordable permanent housing to those without homes. With the passage of H.B. 1606, the policy turned towards supporting short-term housing initiatives and abandoned the “Housing First” approach. H.B. 1606 also contains a provision that makes …

Terrorism Should Not Be A Crime: How Political Labels Are Dangerous To American Democracy, Abigail S. Grand

William & Mary Journal of Race, Gender, and Social Justice

This Note calls for a dismantling of the United States’ current method of prosecuting terrorism, rejecting the “terrorism” label as a mechanism for charging crimes. Prosecutors should instead charge individuals in terrorism cases for their underlying criminal actions rather than rely on material support statutes and political innuendos to secure a conviction. By examining the implications of the terrorism label in post-9/11 America, this Note addresses how a moral panic enabled the executive branch to overstep its constitutional restraints and threatened the delicate balance of powers central to American democracy. Next, it proposes, as many have before, that Article III …

Hurricane Katrina: When A Crisis Is An Opportunity In Government Innovation For Migration Solutions, Camilo Mantilla

Refugee Law & Migration Studies Brief

No abstract provided.

Huma Rights In Texas: Analyzing Operation Lone Star Through A Human Rights Framework, Olivia S. Callan

Duke Journal of Comparative & International Law

In 2021, Texas Governor Greg Abbott launched Operation Lone Star (OLS) under the guise of border security. For over three years, OLS has threatened the lives of migrants and U.S. citizens alike. While advocates have primarily challenged OLS under U.S. state and federal law, this Note examines arguments based on the U.S.'s international treaty obligations, particularly emphasizing the importance of enforcing international mechanisms of accountability. This Note analyzes OLS under three international law treaties the U.S. has ratified: the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, and the …

International Criminal Law And The Role Of Narrative In The War In Ukraine, Jonathan Hafetz

Pace International Law Review

This article examines the multiple ways that international criminal law (ICL)—the body of international law that seeks to impose criminal responsibility on individuals for international crimes—has impacted the conflict in Ukraine. Most violations remain unpunished, and ICL’s legal accountability mechanisms continue to face significant obstacles. But even absent prosecutions and trials, which remain contingent on an array of shifting factors, ICL has affected the Ukraine conflict in multiple ways.

The article focuses on how ICL has helped shape narratives about the war in Ukraine. In doing so, the article cautions against a strict law/politics dichotomy and instead focuses on the …

Review On Illegal Wildlife Trade Provisions In Indonesia: Cost-Benefit Analysis And Law Enforcement, Adrianus Eryan

Indonesian Journal of International Law

Illegal wildlife trade is a crime that is rarely systematically exposed and difficult to investigate but generates extraordinary profits. As a one of mega biodiversity country in the world, Indonesia is an easy target for illegal wildlife trade. Unfortunately, existing law enforcement practices still need to be improved. There are at least two supporting factors enabling the wildlife crime: inadequate normative legal basis and weak law enforcement resulting from the high cost of crimes. The research is carried out through a series of theoretical frameworks of cost-benefit analysis and criticisms regarding ideal law enforcement practices through various court decisions. At …

The Policing/Mediation Nexus: An Autoethnographic Exploration Of The Journey From Police Officer To Certified Mediator, Wendell C. Wallace

Pepperdine Dispute Resolution Law Journal

By their very nature, policing and mediation are viewed as disparate professions. However, since the inception of policing, police officers have traditionally been involved in managing and handling conflict situations and thus, mediation type interventions have historically been an important component of police work. For the most part, police officers are untrained in mediation; however, many police officers are comfortable serving as go-between for neighbors, families, and communities in conflict using their intuition. As a result of acting as a ‘mediator’ for conflicting parties, without any formal mediation training, many former and current police officers eventually engage in mediation training …

Table Of Contents & Masthead, Reeve Lanigan

Pepperdine Dispute Resolution Law Journal

No abstract provided.

The New Elephant In The Room: Why All Professionals Need To Learn About Personality Disorders, Bill Eddy

Pepperdine Dispute Resolution Law Journal

Approximately 10% of adults worldwide have a personality disorder, according to the diagnostic manual of mental health professionals currently known as the DSM-5-TR. Unlike other mental health diagnoses, personality disorders are primarily interpersonal disorders leading to frequent conflicts with those around the person due to enduring patterns of rigid behavior, exaggerated interpretation of events, difficulty managing emotions, and impulse control problems. Yet dispute resolution professionals and other professionals generally have little knowledge of personality disorders and the role they play in their work, especially with “difficult” clients or “high conflict” disputes. Indications suggest personality disorders are increasing in family disputes, …

Digital Coercive Control (Dcc): The Role Of Platforms In Victims’ (In)Justice And Potential For Online Dispute Resolution, Reeve Lanigan

Pepperdine Dispute Resolution Law Journal

Domestic violence (DV) is a form of gender-based violence characterized by acts of coercion whereby a perpetrator employs power and control to isolate, surveil, harass, and abuse a current or former intimate partner. The rise of and reliance on digital technologies, especially social networking sites, have intensified gender-based violence and methods of perpetuating DV. The term Digital Coercive Control (DCC) describes mechanisms perpetrators use to stalk, harass, and abuse current or former partners in cyberspace through technological platforms and their associated social media sites. The widespread expansion and power allocated to social networking sites and technology platforms has perpetuated the …

Expanding The Role Of Victim-Offender Mediation In The Criminal Justice System: Mediating Cases Of Involuntary Manslaughter, Doyeon Kim

Pepperdine Dispute Resolution Law Journal

Involuntary manslaughter is distinguishable from other types of murder by the perpetrator’s lack of intent to kill. This lack of intent suggests that restorative justice programs, specifically victim-offender mediation, may be a better alternative compared to the traditional adversarial criminal justice system because offenders can express their remorse and victims can receive closure through a facilitated dialogue. Limiting the scope of remedies in criminal proceedings to incarceration has led to serious financial and societal ramifications, as well as harmful psychological and emotional repercussions by failing to address the underlying lasting impacts of crime on victims, offenders, loved ones, and the …

Untouchable Sovereign Debts: Towards A New Model Of Transitional Justice And Global Finance, Cosmas Emeziem

Georgia Journal of International & Comparative Law

Who bears the cost of peace in societies transitioning from oppressive regimes? Who is responsible for paying back the debts incurred by dictators? These questions are crucial in transitional justice situations, yet the discipline discusses debts and transitional justice separately. While sovereign debts are viewed within markets and global economic frameworks, transitional justice is considered within citizens and human rights frameworks. This approach is flawed as it marginalizes human dignity and social justice considerations.

To rectify this schism, this Article brings these two legal spheres together in an epistemic dialogue using sovereign debt as the point of intersection. In transitional …

Race, Religion, And Reconciliation: Building A Mosaic Of Latine Faith From The Margins, Sabrina A. Ochoa

University of Miami Race & Social Justice Law Review

No abstract provided.

Beyond The Borders: The Rise Of Judicial Corruption And Universal Jurisdiction, Rose Mahdavieh

University of Miami Race & Social Justice Law Review

No abstract provided.

Just Me, Myself, And I: Georgia Trial Courts May Consider Pro Se Motions Filed By Represented Criminal Defendants, Mckayla A. Doss

Mercer Law Review

For decades, Georgia’s trial courts have applied the absolute rule that pro se motions filed by represented (or presumably represented) criminal defendants were a legal nullity. In essence, hybrid representation was not permitted—legal representation precluded criminal defendants from acting as “co-counsel” or filing their own pro se motions.The application of this absolute rule substantially affected the time-sensitive period that follows a criminal conviction, as defendants in Georgia have a limited period of time to file a notice of appeal or a motion for new trial before the window of direct appeal closes. Failure to file these motions results in the …

Can Too Much Clarity Cause Confusion? A Case Study Of Mccalop V. State, Sutton M. Eggena

Mercer Law Review

In criminal trials, few elements wield as much influence over the outcome as expert testimony. Expert testimony serves as the bridge between complex subject matter and the understanding of lay jurors, often occupying a pivotal position in the pursuit of justice. Indeed, expert testimony can be the lynchpin on which a jury’s verdict turns. Picture a courtroom filled with jurors, each presumed to lack a deep understanding of the intricate dynamics of domestic abuse and the profound effects of battered person syndrome on individuals trapped in violent relationships. In pursuit of justice, these jurors lean on a singular source—an expert …

The Rule Of Law, The Lawyer’S Role As A Public Citizen, And Professional Identity: How Fostering The Development Of Professional Identity Can Help Law Schools Address The Crisis Facing American Democracy, Kendall Kerew

Mercer Law Review

American democracy is in crisis. The January 6, 2021, attack on the U.S. Capitol must serve as a renewed wake-up call for the legal profession. We can no longer keep our heads down, focused solely or even primarily on serving our clients, without being mindful that what we do every day as lawyers starts and ends with our duty to uphold the rule of law and our system of justice. We must acknowledge that lawyers are the ones who have put democracy at risk. Lawyers are the ones who, in their role as zealous advocates, attempted to overturn the 2020 …

We Cannot Police Systemic Racism And Systemic Poverty: Why Policing Is Not A Solution To Our Public Health Crisis, Semir Bulle

Utah Law Review

From drug addiction to issues with homelessness, the mental health crisis, community disputes, traffic violations and more, there does not seem to be any evidence that increased police budgets and spending are the best use of limited resources. Criminalization in substitution for measured and targeted interventions has not worked in structurally vulnerable and marginalized communities and it is far past the time to accept tangible alternatives, such as funding initiatives like TCCS. Instead of perpetually increasing our police budget, let’s instead invest in healing our communities. Let’s invest this money in education, recreation, childcare, housing, health; measures that are proven …

Old Wine In A New Bottle? – An Empirical Evaluation Of The Judicial Reforms In China In The 2010s, Peter C.H. Chan

UC Law SF International Law Review

This article provides an empirical evaluation of the effectiveness of the judicial reform measures implemented in China in the 2010s. Among other objectives, the reforms aimed to strengthen the independence of judges, the financial autonomy of courts and the professionalism of adjudicators. Critics have questioned the success of the reforms, citing continued government intervention with adjudication and unchanged structural problems with courts. To date, there has been limited empirical literature focusing specifically on the judicial reform measures in the 2010s in China. This article provides a glimpse into what really was happening on the ground since the reforms through the …

Truth. Regardless Of Reconciliation?, Michael Moffitt

Nevada Law Journal

No abstract provided.

Criminal Legal Reform In New Hampshire: One Law Professor's Activism, Albert E. Scherr

The University of New Hampshire Law Review

Criminal legal reform is a perpetual work in progress. The system itself is, at best, maddeningly imperfect. It too often fails to produce anything close to justice. Structural problems afflict the system in a way that incarcerates too many people, particularly people of color. For example, over the last thirty years, the Innocence Project has demonstrated imperfections in the system caused by faulty eyewitness identification procedures by ineffective assistance of counsel, by prosecutorial misconduct, by shoddy forensic practices and by police behavior that produced false confessions.

That the United States has well over fifty-one independent criminal legal systems frustrates efforts …

Voice Stress Analysis: Is “Some Evidence” Sufficient Grounds For Making Legal Determinations?, Brad Mccall

Barry Law Review

No abstract provided.

Toxic Love: Mandating Standards In Arkansas’S Domestic Violence Laws, Alia B. Reddell

Arkansas Law Review

This Comment addresses the current scheme of domestic violence statutes, highlighting the inadequate state of domestic violence remedies and the ineffective law enforcement guidelines currently in place; it argues that the Arkansas State Legislature is in need of reforming its domestic violence policies. This recommendation is three-fold and proposes that Arkansas should abandon its current discretionary regime and adopt: (1) mandatory arrest policies; (2) statutory post-arrest procedures; and (3) mandatory

Exploring The Nexus Of Military And Society At A 50-Year Milestone, Patricia M. Shields

The US Army War College Quarterly: Parameters

There is an ongoing dependence and tension between the military and the society it protects. This article examines the relatively new “military and society” field using the 50-year anniversary of the journal Armed Forces & Society as a focal point. This dynamic field is influenced by world events, cultural trends, and politics. Civil-military relations is at the heart of the discourse. An international and interdisciplinary journal, Armed Forces & Society reflects the changing nature of the field over the last 50 years. I have edited the journal since 2001 and bring this experience to the discussion.

Wardlow After Black Lives Matter: Using A Protest Movement To Establish A Colorable Equal Protection Challenge To Supreme Court Precedent, Patrick Maley

Seton Hall Law Review

No abstract provided.