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Due Process Junior: Competent (Enough) For The Court, Tigan Woolson

Journal of Law and Health

There are many reports presenting expert policy recommendations, and a substantial volume of research supporting them, that detail what should shape and guide statutes for juvenile competency to stand trial. Ohio has adopted provisions consistent with some of these recommendations, which is better protection than relying on case law and the adult statutes, as some states have done. However, the Ohio statute should be considered a work in progress.

Since appeals courts are unlikely to provide meaningful review for the substance of a juvenile competency determination, the need for procedures for ensuring that the determination is initially made in a …

The Application Of The Right To Freedom Of Expression In Demonstration Based On Principles Of A Democratic State, Edi Sofwan, Muhammad Sopiyana, Ali Masykur Fathurrahman

Jurnal Civics: Media Kajian Kewarganegaraan

Expressing opinions in demonstration is a right that has been guaranteed in the constitution and law. The arrangement is written in the 1945 Constitution of the Republic of Indonesia Article 28E paragraph (3) and Law Number 9 of 1998 concerning the freedom to express opinion in public. A democratic country has a great respect for differences of opinion manifested in the form of demonstration. However, the freedom of demonstration is in the form of responsible freedom regulated in Article 6 of Law No. 9 of 1998. In this demonstration, the actions must respect the rights of others, so that no …

Lost Paradise: Colombia’S Failed Promise To Protect Human Rights Defenders, Yessenia Gonzalez

Brooklyn Journal of International Law

On November 24, 2016, Colombia ended a half-century civil war with the Revolutionary Armed Forces of Colombia (FARC) with the signing of the Peace Accord. While there was hope that there would be a new era of peace and reconciliation, Colombia is consistently ranked as the most dangerous country in the world for human rights defenders. As a party to core international human rights treaties that protect the rights to life, physical integrity, and the right to defend human rights, Colombia is obligated to protect these rights and take the necessary preventative measures to protect human rights defenders. Accordingly, Colombia …

Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek

Brooklyn Journal of International Law

For the past two decades, discourse on terrorism (both global and domestic) has been commonplace throughout the international sphere. Following the attacks on September 11, 2001, many nations have followed suit in launching counterterrorism operations to identify and prevent attacks by both radical groups and lone actors. While the common narrative has focused on “why” terrorist actors commit heinous acts and “how” to best prevent future incidents from emerging, it is important to analyze the legal nuances between prosecuting domestic versus international terrorists. With the rise on “homegrown” domestic lone actors, nations have had to reevaluate and adapt counterterrorism statutes …

Attributing Criminal Responsibility For The Crime Of Aggression, Nikola R. Hajdin

Georgia Journal of International & Comparative Law

To hold a person criminally responsible, the prosecution must prove that his conduct violated (without justification) a prohibitory norm of the criminal code and that he is culpable for such wrongdoing. In international criminal law, wrongfulness and culpability are assessed through the prisms of material (actus reus) and mental (mens rea) elements, respectively. Also called “objective attribution,” ascribing wrongfulness requires a causal link between individual conduct and criminal consequences. Attributing culpability, or “subjective attribution,” on the other hand, consists of establishing mental links between the perpetrator and the occurrence he has caused and the situation in which such an event …

‘I Will Control Your Mind’: The International Regulation Of Brain-Hacking, Thibault Moulin

San Diego International Law Journal

In the near future, the use of neurotechnologies—like brain-computer interfaces and brain stimulation—could become widespread. It will not only be used to help persons with disabilities or illness, but also by members of the armed forces and in everyday life (e.g., for entertainment and gaming). However, recent studies suggested that it is possible to hack into neural devices to obtain information, inflict pain, induce mood change, or influence movements. This Article anticipates three scenarios which may be challenging in the future—i.e., brain hacking for the purpose of reading thoughts, remotely controlling someone, and inflicting pain or death—and assesses their compliance …

Deportations For Drug Convictions In The United States And The European Union: Creating A More Compassionate Approach Toward Drug Convictions In The Immigration Law, Megan Smith

San Diego International Law Journal

This Comment begins by examining and comparing the legal framework for deportation and other immigration consequences for convictions of drug offenses in the United States, the European Union, and the United Kingdom. This Comment then looks at the harsh effects of current immigration policy on individuals and marginalized communities. Finally, this Comment argues that immigration law should be reformed to adopt a more humanitarian approach toward non-citizens convicted of drug offenses. Deportation and other harsh immigration consequences for drug offenses levy disproportionately severe punishments toward vulnerable minority immigrant communities, exposing them to consequences much harsher than non-immigrants would face for …

The Original “Market” Understanding Of The Commerce Clause: Insights From Early Federal Government Practice And Precedent, Robert J. Pushaw Jr.

BYU Law Review

No abstract provided.

Abolishing The Evidence-Based Paradigm, Erin Collins

BYU Law Review

The belief that policies and procedures should be data-driven and “evidence-based” has become criminal law’s leading paradigm for reform. This evidence-based paradigm, which promotes quantitative data collection and empirical analysis to shape and assess reforms, has been widely embraced for its potential to cure the emotional and political pathologies that led to mass incarceration. It has influenced reforms across the criminal procedure spectrum, from predictive policing through actuarial sentencing. The paradigm’s appeal is clear: it promises an objective approach that lets data – not politics – lead the way and purports to have no agenda beyond identifying effective, efficient reforms. …

Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg

University of Cincinnati Law Review

No abstract provided.

Rewriting Kendra’S Law: A More Ethical Approach To Mental Health Treatment, James Diven

Pace Law Review

Michelle Go was pushed in front of a subway car by a man suffering from schizophrenia that had fallen through the cracks of New York’s mental health care system. Michelle’s death was imminent because the severely ill man had every right to be on the streets under present law. This note will discuss the problems with New York’s mental hygiene laws that prevent courts from mandating treatment even when treatment is in the state’s best interest.

Michelle’s death is not unique. Historically, New York has struggled to enact effective legislation governing the treatment of mentally ill individuals. As a result, …

Countermajoritarian Criminal Law, Michael L. Smith

Pace Law Review

Criminal law pervades American society, subjecting millions to criminal enforcement, prosecution, and punishment every year. All too often, culpability is a minimal or nonexistent aspect of this phenomenon. Criminal law prohibits a wide range of common behaviors and practices, especially when one considers the various federal, state, and municipal levels of law restricting people’s actions. Recent scholarship has criticized not only the scope and impact of these laws but has also critiqued these laws out to the extent that they fail to live up to supermajoritarian ideals that underlie criminal justice.

This Article adds to and amplifies this criticism by …

Beyond The Corporate Responsibility To Respect Human Rights In The Dawn Of A Metaverse, Kuzi Charamba

University of Miami International and Comparative Law Review

Technological advances in the 21st century pose new threats to human rights from business activities. In this new technological age, individuals and communities engage through an increasing myriad of digital means and platforms, all facilitated by a smaller, more powerful set of global BigTech companies, such as Microsoft, Apple, Google, and Meta (formerly known as Facebook). In so doing, however, our lives as workers, consumers, and citizens become subject to increasing corporate control through surveillance capitalism and algorithmic governance. With the dawn of metaverses—3D immersive digital environments in which you can interact with others via avatars and through virtual and …

Sovereign Lands, Brent D. Chicken, Amanda J. Dick

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

New York, Delainey Banks

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Full Issue: Fall 2022

DePaul Magazine

In the fall 2022 issue of DePaul Magazine, we share how DePaul President Robert L. Manuel is inspiring and invigorating the university community. As Manuel says in our cover story, DePaul is uniquely situated to use its Catholic, Vincentian mission to address the most pressing questions facing our society today. We also look at service, including university initiatives to reach out to underserved and displaced populations, as well as programs that pair DePaul students with industry and community clients, giving students valuable experience and connections.

Third Time’S A Charm: The Case For Ban The Box Legislation In Idaho, Alaina Heuring

Idaho Law Review

No abstract provided.

Keynote Address At Drone Conference, Glenn Dubois

Inquiry: The Journal of the Virginia Community Colleges

No abstract provided.

The Second Amendment Is History: Ninth Circuit Takes Originalist Approach In Finding No Right To Public Carry In Young V. Hawaii, Scott Kingsbury

Villanova Law Review

No abstract provided.

Leveraging Next-Gen Technology For Supply Chain Security, Thomas Drape, Reginald P. Parker

Journal of Vincentian Social Action

Global supply chain disruptions continue as part of both a national and global discussion. There is a need for a greater focus on supply chain security as part of this discussion as there is an increasing amount of counterfeit parts and goods within global supply chains. While counterfeit activity is an economic burden to companies and the global market, there are also legitimate concerns on consumer safety, consumer trust and company brand management.

The aim for this paper is to identify the concern and extent of the counterfeit problem and identify the use of next-gen technologies to provide brand protection …

A Preliminary Comparison Of Firefighter Candidates' Biddle Physical Ability Test Performance And Success Based On Training Class Participation, Robert G. Lockie, Tomas Ruvalcaba, Megan Thompson, Erika Viramontes, Robin (Rob) Marc Orr, J. Jay Dawes, Joseph Dulla

International Journal of Exercise Science

International Journal of Exercise Science 15(4): 1627-1640, 2022. The Biddle Physical Ability Test (BPAT) was developed to identify candidates who possess the physical ability to become structural firefighters. The test must be completed in ≤ 9:34 min:s before a candidate is admitted to an academy. Some community colleges offer semester-long training classes for candidates. This study analyzed whether candidates who completed a training class could perform the BPAT more effectively. Retrospective analysis of 30 males and 2 females who attempted the BPAT was conducted. BPAT tasks were: dry and charged hose drag; halyard raise, roof walk, and attic crawl; roof …

Man Vs. Machine: Facial Recognition Technology Replacing Eyewitness Identifications, Stefanie M. Bowen

Lincoln Memorial University Law Review Archive

No abstract provided.

Governmental Inadequacies Concerning Missing And Murdered Native American Women In The United States, Peyton Cross

Lincoln Memorial University Law Review Archive

The United State's legal system has failed Native American women for centuries. Without change, they will continue to be failed by the country's legal system until there are hardly any Native American women left for it to fail. The federal government must provide tribal law enforcement with the necessary tools and ability to properly police their reservations in order to help the women suffering from the government's historically ingrained racism. Patty A. Ferguson-Bohnee, faculty director of the Indian Legal Program and director of the Indian Legal Clinic at the Sandra Day O'Connor College of Law, and Lauren van Schilfgaarde, the …

December 13, 2022 Ereporter, University Of Alabama At Birmingham

eReporter

No abstract provided.

December 9, 2022 Ereporter, University Of Alabama At Birmingham

eReporter

No abstract provided.

Book Review Of Common Good Constitutionalism, Wendy E. Parmet

Journal of Legal Education

No abstract provided.

The People's Advocate

DePaul Magazine

DePaul Magazine chats with Cook County Public Defender and DePaul alumnus Sharone Mitchell Jr. about his opinion on representing the underserved, the paths that shaped his career and the pursuit of justice for all.

Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla

Refugee Law & Migration Studies Brief

No abstract provided.

Student Government And The University Administrative Agenda Alignment, James M. Diloreto-Hill

Journal of Research on the College President

Within institutions of higher education, shared governance is an essential component to a healthy functionality. Among the many stakeholders at these institutions, students are the largest in number and hold primacy. Participation in student governance establishes a sense of shared ownership over their communities while also providing a unique avenue for students to gain wisdom and develop critical skill sets. Senior administrators at these institutions have many inherent challenges due to an organization that is largely decentralized and autonomous. The purpose for conducting this study was to analyze Student Government Associations (SGA) at 8 select land-grant institutions of higher education …

Carceral Intent, Danielle C. Jefferis

Michigan Journal of Race and Law

For decades, scholars across disciplines have examined the stark injustice of American carceralism. Among that body of work are analyses of the various intent requirements embedded in the constitutional doctrine that governs the state’s power to incarcerate. These intent requirements include the “deliberate indifference” standard of the Eighth Amendment, which regulates prison conditions, and the “punitive intent” standard of due process jurisprudence, which regulates the scope of confinement.

This Article coins the term “carceral intent” to refer collectively to those legal intent requirements and examines critically the role of carceral intent in shaping and maintaining the deep-rooted structural racism and …