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Full-Text Articles in Law
A Hierarchy Of Sovereigns Through The Limitation Of Tribal Criminal Jurisdiction, Walter W. Harding Jr.
A Hierarchy Of Sovereigns Through The Limitation Of Tribal Criminal Jurisdiction, Walter W. Harding Jr.
Lincoln Memorial University Law Review Archive
Tribal criminal jurisdiction has been limited by the enactment of the Indian Bill of Rights and acts that give states criminal jurisdiction over tribal lands instead of allowing tribal nations to self-govern criminal acts that occur on their lands. Additionally, Congress has used its plenary power to erode the tribal criminal jurisdiction. The United States Constitution recognizes three sovereigns: States, Foreign Nations, and Tribal Nations. This erosion, along with United States Supreme Court decisions, created a hierarchical class of sovereignty in the sovereigns recognized by the United States Constitution, with tribal nations occupying the lowest position on this hierarchy. In …
Man Vs. Machine: Facial Recognition Technology Replacing Eyewitness Identifications, Stefanie M. Bowen
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
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 …
Commodifying Captivity: What Society Loses When Private Companies Do The Government's Bidding, Brianna Weiner
Commodifying Captivity: What Society Loses When Private Companies Do The Government's Bidding, Brianna Weiner
Lincoln Memorial University Law Review Archive
This paper discusses the societal impact of permitting private, for-profit entities to take on the government’s function of imposing and regulating punishment. Traditionally, the People choose local and government actors to punish others. The imposition of punishment by private, for-profit companies destroys the established pattern of community involvement and control. Communities have no control over which private companies are used, have little ability to oversee company functions, and have no voice in the process of holding private companies accountable. Additionally, when punishment is privatized, the offender does not feel the community’s condemnation. Instead of society benefiting from the swift hand …
Forming A "Brain Print:" Using Cognitive Neuroscience And Brain Imaging As An Objective Measure Of Criminal Insanity, Christos D. Strubakos
Forming A "Brain Print:" Using Cognitive Neuroscience And Brain Imaging As An Objective Measure Of Criminal Insanity, Christos D. Strubakos
Lincoln Memorial University Law Review Archive
Fiction popularized the concept of criminal insanity. Yet, despite its popularity in the virtual world, it is rarely used in real life. The chief reason for this is that mental disorders that may inhibit a defendant's ability to form reasonable cognitive representations of reality often do not impact his ability to form a key element of a crime: the requisite mental state. Thus, the legal definition of criminal insanity refers to a mental defect that affects a defendant's ability to appreciate her actions at the time of the crime or to understand her actions are wrong. Further complicating matters is …
His Race And My Race: Fluidity And Expansion Of "Race" In A Post-Colonial Society Versus Modern-Day America, Talton (Trey) B. Dunn Iii
His Race And My Race: Fluidity And Expansion Of "Race" In A Post-Colonial Society Versus Modern-Day America, Talton (Trey) B. Dunn Iii
Lincoln Memorial University Law Review Archive
No abstract provided.
**Surveilling Potential Uses And Abuses Of Artificial Intelligence In Correctional Spaces**, Justin Iverson
**Surveilling Potential Uses And Abuses Of Artificial Intelligence In Correctional Spaces**, Justin Iverson
Lincoln Memorial University Law Review Archive
No abstract provided.
**The Internet-Of-Bodies/Human Mind Unification: Its Threat To Democracy And The Need For A Legal Response**, Zachary Atchley
**The Internet-Of-Bodies/Human Mind Unification: Its Threat To Democracy And The Need For A Legal Response**, Zachary Atchley
Lincoln Memorial University Law Review Archive
No abstract provided.
**Risk-Taking Or Risk-Negotiating Model Of Vaccine Liability? Legal And Policy Considerations For Pandemic Vaccines**, Yu-Wei Chen
**Risk-Taking Or Risk-Negotiating Model Of Vaccine Liability? Legal And Policy Considerations For Pandemic Vaccines**, Yu-Wei Chen
Lincoln Memorial University Law Review Archive
Vaccine liability determines vaccine availability. The allocation of vaccine liability is a determinant in reaching a procurement contract. Particularly during a pandemic, vaccine accelerated production poses new challenges to vaccine safety, quality, and efficacy. Solving the issue of vaccine liability is as equally important as vaccine equity in ensuring access to vaccines. For COVID-19 vaccine procurements, there are two discernible models of liability allocation around the globe: the United States risk-taking model and the European Union risk-negotiating model. The United States' risk-taking model shows that vaccine liability is borne by the government; in contrast, the European Union's risk-negotiating model shows …
**A Way Out For Europe: How Can Europe Combat Discrimination By Automated Decision-Making Systems?**, Elvin E. Dalkılıç
**A Way Out For Europe: How Can Europe Combat Discrimination By Automated Decision-Making Systems?**, Elvin E. Dalkılıç
Lincoln Memorial University Law Review Archive
No abstract provided.
**Towards Action And In Pursuit Of Scofflaws: Shifting The Framework Of Pandemic Public Health Punishment From Theory To Pragmatism**, Michael L. Cederblom
**Towards Action And In Pursuit Of Scofflaws: Shifting The Framework Of Pandemic Public Health Punishment From Theory To Pragmatism**, Michael L. Cederblom
Lincoln Memorial University Law Review Archive
The COVID-19 pandemic sparked a debate over whether the government should implement public health interventions like mask mandates and whether public health scofflaws should be punished. The result was a split largely across political lines; “permissive” jurisdictions promoted ideas of individual freedom and condemnation of government-imposed punishment, while “restrictive” jurisdictions implemented a range of punishments attached to mask mandates. This political battle became one of stagnant theories and essentially fused considerations of public health and legal punishment. Bracketing political concerns, what philosophical theories fueled this divide? While public health generally employs a utilitarian framework limited by deontic constraints, permissive jurisdictions …