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 …

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 …

Tale As Old As Time: The Beauty And The Beast Of Probabilistic Genotyping And Its Use In Georgia, Elizabeth Mcdaniel

Mercer Law Review

Deoxyribonucleic acid or as most of us prefer to call it—DNA—is a molecule in an organism that allows the organism to develop and function by carrying genetic information. DNA is what makes us unique. It was first observed in the late 1800s; however, its significance was not fully known until 1953. The use of DNA as evidence in criminal trials did not begin until the 1980s. Subsequently, the first statutes regarding DNA testing were passed in 1994 and 1997. Despite DNA’s late scientific discovery and its even later use in the legal profession, DNA has existed in organisms since their …

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 …

The Impact Of Childhood Sexual Abuse On Interpersonal Relationships: A Cross-Sectional Study In Trinidad, Bernadette Marson

Journal of International Women's Studies

Child sexual abuse (CSA) is a pervasive social problem that can have long-term effects on women’s relationships because it makes them vulnerable to revictimization. Girls are more vulnerable than boys to be victims of CSA, and those abused by someone they trust are at higher risk of experiencing increased trauma and interpersonal problems. This quantitative research study investigated the association between CSA and interpersonal relationships. Participants completed anonymous surveys exploring these two variables. Results showed that among other vulnerabilities, women who reported sexual abuse within the family reported overall greater interpersonal problems compared with non-abused participants. Given the prevalence of …

Pro Se What?! Orders Of Protection, Credible Threats To Physical Safety, And Restricting Access To Firearms, Amy J. Feagans

New Mexico Law Review

Orders of protection provide survivors of domestic abuse a level of security by limiting contact between the parties. In 2019, the New Mexico legislature amended the Family Violence Protection Act (FVPA) to provide additional protections through orders of protection by requiring the respondent to relinquish their firearms to law enforcement where the court finds there is a “credible threat to the physical safety” of the petitioner. In 2023, the New Mexico Supreme Court clarified the required showing for obtaining an order of protection and held that the court must find prior domestic abuse. But the “credible threat” standard required for …

Some Kind Of Unfolding: A Micro- To Macrosystemic Exploration Of The Emic Experiences Of Formerly Incarcerated Mothers, Mary Anne Gunter Phd Lpc Lmft

Journal of Interprofessional Practice and Collaboration

Problem

The incarceration of women has increased exponentially in the past 40 years. Over 80% of incarcerated women are mothers separated from their children. A mother’s incarceration can impose a destabilizing influence upon an already fragile family system.

Significance

Incarcerated mothers have been inconsistently provided supportive rehabilitative programs, which have demonstrated a correlation to decreased recidivism.

This qualitative study conducted semi-structured interviews that explored the phenomenological experiences of eight disenfranchised incarcerated mothers who were separated from their children, as well as of their experiences of a carceral setting and involvement with prison programs.

Implications

Thematic analysis of the data revealed …

Putin's Pivot: Understanding The Evolution Of Russia's Anti-Western Stance, Nicole Fernandez

Political Analysis

Nicole Fernandez is a first-generation student who majors in political science and minors in criminal justice. She aspires to become an attorney who practices immigration law. During her senior thesis class, the topic of Russian-American relations immediately captured her interest, as she watched a documentary detailing Putin's evolving interactions with the last five American presidents the summer before. Witnessing the dynamic shifts in these relationships over time piqued her curiosity about Russia's increasingly anti-Western stance. This interest was further fueled by ongoing geopolitical conflicts. Although her research interests lie in Latin American relations with the US, delving into an unchartered …

Mediation Pursuant To Decree Law No.4 Of 2016 Concerning Juvenile Protection, Shadi O. Jabbarin, Norfadhilah Binti Mohamad Ali, Ahmad Bin Salleh

An-Najah University Journal for Research - B (Humanities)

The study aims to shed light on the reconciliation justice system in the Palestinian legal system by studying the text of Article 23 of the Decree-Law on the Protection of Juveniles and related to the mediation system in cases of children who have committed acts in violation of the law in accordance with the the decision by law under study. The study took the analytical approach as a method of study, in addition to a comparison with some legal systems in the Arab countries in the field of conciliation justice in general, and especially in cases related to juvenile laws. …

Ncaa Enactment Of A Disciplinary Policy: Uniformity To Regain Institutional Legitimacy, Matteson Landau

Loyola of Los Angeles Entertainment Law Review

This article examines issues surrounding decentralized disciplinary systems and inconsistent enforcement against student-athletes who engage in criminal misconduct across the National Collegiate Athletic Association (“NCAA”). The NCAA recognizes the inherent conflicts of interest that arise when institutions are left to regulate their own recruiting practices. To negate these conflicts, the NCAA has established a robust disciplinary system, the NCAA Committee on Infractions, which oversees investigations into violations of NCAA Bylaws, reviews materials provided by the athlete and/or institution, and issues binding rulings which may include suspensions and fines. Yet the NCAA fails to see how the same conflict issues arise …

From Suspension To Mass Incarceration: Punishment Of Students With Special Needs And The School-To-Prison Pipeline, Bailey Ellicott

Richmond Public Interest Law Review

Since their inception in the late 1980s, zero-tolerance policies have been a cornerstone of American school discipline. Passed by legislators with the intent of protecting school children, these policies have disparately upended the education of marginalized students. School discipline of vulnerable students often paves the way to juvenile incarceration, which in turn exponentially increases the likelihood of adult incarceration. Moreover, students with disabilities, especially students of color with learning disabilities, are often physically pushed out of their classrooms through suspensions and other harsh disciplinary policies. This is only made worse by the presence of law enforcement in schools, who treat …

Breaking Barriers: Examining The Impact Of Special Education Services On Juvenile Justice Involvement, Madison Neale

Richmond Public Interest Law Review

The following article is an exploration of the intersection between special education—namely, the long-repudiated practice of removing children with moderate disabilities from general education classrooms and placing them into “self-contained” classrooms away from their peers—and the involvement of those children in the criminal legal system. The article analyzes the parallels between the “othering” effect of segregating children with disabilities in schools, and the eventual segregation from their communities that they face in juvenile detention facilities. In a juvenile justice system where a disproportionate number of its children have been diagnosed with some form of intellectual or behavioral disability, this article …

The Challenges Of Meeting The Needs Of Virginia Students With Disabilities Through Individualized Education Programs, Hank Bostwick, Courtney Pugh, Latonya Slade, Sara Platenberg, Melissa Waugh

Richmond Public Interest Law Review

The authors were honored to participate in a panel on “Understanding the IEP” at the Richmond Public Interest Law Review’s Symposium on October 27, 2023. The recommendations and strategies in this article are rooted in decades of combined experience and anecdotal observations from two special education attorneys and three special education advocates who serve Virginia’s children and families and help to develop appropriate Individualized Education Programs (“IEPs”) pursuant to the Individuals with Disabilities Education Act (“IDEA”). Recent criticism of Virginia’s system of special education and related services by state and federal agencies has laid bare deep-seated inconsistencies in how schools …

Facial Recognition Ai: Alaska Is An Ideal Forum For Introducing Regulation, Sarah Edwards

Alaska Law Review

As artificial intelligence becomes increasingly commonplace, we are all exposed to shockingly dystopian forms of surveillance. This Note details the unique danger of facial recognition technologies powered by artificial intelligence. First, this Note examines the rise of facial recognition technologies in both the public and the private sector. It illustrates this phenomenon by highlighting a few key players in both the development and implementation of facial recognition. Second, it proceeds by examining the current privacy landscape in Alaska. Alaska's unique focus on privacy rights makes the State a promising forum for regulation. Finally, it provides possible statutory and judicial solutions …

The Awareness Of Missing And Murdered Indigenous Women And Girls (Mmiwg): Policy Steps Toward Addressing The Crisis, Meenakshi P. Richardson, Kimberly Klein, Stephany Runninghawk Johnson

American Indian Law Journal

No abstract provided.

"I Can't Breath": A Comparison Of Racial Inequity And Police Brutality Observed In France And The United States, Jasmine Oesterling

DePaul Journal for Social Justice

No abstract provided.

The Validity And Criticisms Of The Current Approach Of Human Rights Bodies Regarding The Positive Procedural Obligations Of States, Faris Kareem Al-Anaibi Dr.

UAEU Law Journal

This paper questions whether the current approach of human rights bodies with regard to the positive procedural obligations is valid according to both, the domestic legal standards of states, and the mandate given to them in the conventions. It raises important criticisms about the capability of human rights bodies to effectively fulfill their newly assumed task of ordering and supervising prosecutions and punishments in criminal matters. It seems clear that the domestic justice systems of states bear the primary responsibility to bring violators of the right to life and other human rights to justice and action by human rights bodies …

Lemons To Lemonade: Educational Modifications During The Covid-19 Pandemic And Their Utility Moving Forward, Ellis S. Logan, Brandon Atkins, Anne M. Price

The Journal of Public and Professional Sociology

The COVID-19 pandemic necessitated changes across social institutions, including education. This case study outlines specific innovations using five cases of pedagogical developments made by social science faculty members at a public university, and their utility for undergraduate students in a post-pandemic world. These innovations relate specifically to office hour scheduling, class assignment reminders, building informal class support groups, experiential learning, and virtual paper submission and evaluation. For each case, we outline the implementation procedure, evaluate its effectiveness, and discuss the benefits. We argue that these methods, forged during “challenging times”, will help improve students’ experiences and success during their time …

Perceptions And Policing: How Perceptions Of Racial Inequalities Impact One’S Tolerance Of Police Violence And/Or Misconduct, Kyle C. Treacy

Sociology Between the Gaps: Forgotten and Neglected Topics

No abstract provided.

We(Ed) The People Of Cannabis, In Order To Form A More Equitable Industry: A Theory For Imagining New Social Equity Approaches To Cannabis Regulation, Garrett I. Halydier

University of Massachusetts Law Review

States increasingly implement “social equity” programs as an element of new cannabis regulations; however, these programs routinely fail to achieve their goals and frequently exacerbate the inequities they purport to solve, leaving inequitable industries, high incarceration rates, and broken communities in their wake. This ineffectiveness is due to the industry’s fundamental confusion of the modern, individualized concept of “equity” with the historical, society-level concept of “social equity.” In this paper, I develop a new theory of “cannabis social equity” to integrate these concepts, and I apply that theory, first, to diagnose why current policies fall short and, second, to propose …

The Poor Man's Problem In Bankruptcy, Rylee Stanley

St. Mary's Law Journal

No abstract provided.

"No One Else Was In The Room Where It Happened": Ensuring The Careful Use Of Accomplice-Witness Testimony Without Resorting To Corroboration Requirements, Ethan Cohen

University of Pennsylvania Law Review Online

No abstract provided.

Policing The Police: An Analysis Of The Citizens Police Oversight Commission, Devontae W. Torriente

University of Pennsylvania Law Review Online

No abstract provided.