Digital Commons Network^™

Leaning Into Absence: Lessons From Kony, Mark A. Drumbl

Scholarly Articles

This article begins with the confirmation of charges decisions undertaken by the International Criminal Court in the Kony case. These proceedings struggled with the reality of in absentia. This article addresses the high absentee rate among individuals against whom the International Criminal Court (ICC) has issued arrest warrants and notes the stark presence of absence in the ICC’s work as well as within the enforcement of international criminal law at large. This article suggests that international criminal lawyers lean into the prevalence of absence and reboot predominant collective thinking. One path forward is to truly and warmly embrace transitional …

Implementing Young Adult Court In Minnesota, Sarah Dohm

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Activist Judicial Restraints, Michael Gentithes

Akron Law Faculty Publications

For decades, jurists and scholars have touted the virtues of judicial restraint—a characteristic of judges who only adjudicate issues they are competent to resolve, thereby avoiding political thickets and preserving their authority. Judicial restraint is ingrained in justiciability doctrines that emanate from Article III of the Constitution. When applied evenhandedly, standing requirements, the political question doctrine, and prudential manageability prerequisites to litigation help the Court maintain an appropriately restrained docket.

The Roberts Court falls well short of this restrained ideal in potentially dangerous and destructive ways. The Court has changed justiciability doctrines into “activist judicial restraints” that, rather than avoiding …

Who Makes The Jury? Demographics And Decision-Making In The Jury Process., Ana B. Pons

Honors Undergraduate Theses

Within the American judicial system, juries have played a central role in promoting representation and fairness in the courtroom. However, limited information exists on whether prosecutorial decisions during jury selection, jury composition, or jury behavior differ based on the sex, race/ethnicity, type of case, political ideology, or geographic location of potential jurors. Following PRISMA guidelines, this scoping review synthesizes 48 peer-reviewed articles published between the 1940s and 2026 to examine whether prosecutorial decision-making and jury outcomes vary based on the sex, race/ethnicity, type of case, political ideology, or geographic location of potential jurors. Findings indicated that men are disproportionately selected …

Eroding Protections: The Decline Of Miranda Rights And Its Impact On Due Process In Contemporary America, Autumn G. Pelfrey

Honors Undergraduate Theses

This thesis examines whether the protections established in Miranda v. Arizona, 384 U.S. 436 (1966), remain robust within contemporary criminal justice practice or have been weakened through doctrinal and practical developments. Miranda warnings were originally designed to mitigate the risk that coercive custodial interrogation would produce compelled or unreliable self-incrimination. Since 1966, however, both judicial interpretation and evolving law-enforcement practices have created a growing gap between Miranda’s formal legal promise and its practical operation in real-world interrogations.

The study evaluates the erosion of Miranda’s protective force through three primary mechanisms. First, doctrinal developments have narrowed Miranda’s scope by redefining …

The Spectrum Of Limited Jurisdictions Courts: Exploring The City And Justice Courts In New York State, Alyssa Clark

Electronic Theses & Dissertations (2024 - present)

This dissertation is an investigation of decisions and outcomes in an important but seldom studied sector of the criminal justice system, the lower tiers of criminal courts (hereinafter referred to as LJCs). The LJCs in New York State (the subject of this dissertation) vary across two dimensions. The first dimension is court characteristics, which includes integration into a statewide court system (i.e., Justice Court vs. City Court). The second dimension is geodemographic characteristics (i.e., rural, suburban, and urban demographic characteristics). Recognizing this gap in literature, this dissertation provides an exploratory examination of the LJC’s patterns of case disposition and sentencing …

Bridging The Gap: Predictors Of Alignment Of Parent And Caseworker Perceptions Of Engagement, Jianchao Lai, Michelle I. Graef

Center on Children, Families, and the Law: Faculty Publications

This study examined predictors of alignment between parents’ and caseworkers’ perceptions of family engagement in child welfare services. Using data from 2,274 Alternative Response (AR)–eligible families randomized to AR or Traditional Response, engagement was assessed across the domains of Receptivity, Buy-in, Worker-family Relationship, and Mistrust using a modified Yatchmenoff (2005) scale. Multinomial logistic regression models identified factors associated with agreement and discrepancy between ratings of family engagement within the parent and worker dyad. While both parents and workers valued engagement, workers were more likely to provide higher overall engagement ratings, although the direction of discrepancy varied across specific subscales. Greater …

To The Hague And Beyond: The Shifting Terrain Of International Criminal Justice, Leila Nadya Sadat, Valerie Oosterveld, Sharon Weil, Nancy Combs, David Crane

Faculty Publications

Panel of international criminal law experts speak about the areas in which they work.

Welfare Litigation, State Courts, And Social Citizenship, Andrew Hammond

Articles by Maurer Faculty

For half a century, federal courts have stood at the center of welfare rights enforcement. That era is ending. The One Big Beautiful Bill Act’s historic cuts to Medicaid and SNAP will generate an avalanche of benefit terminations, work requirement sanctions, and overpayment actions from state agencies. And with a federal judiciary increasingly hostile to the private enforcement of public law, state courts will become not just a concurrent forum for welfare litigation, but an increasingly important one. Understanding how state courts have handled welfare litigation over the past three decades, then, is essential to anticipating what comes next. This …

No Justice Without Transparency: The Case For A Broad Presumption Of Public Access To Court Documents, Taylor Quimby

FIU Law Review

This Comment argues that a broad presumption of public access to court  documents is essential to preserving the legitimacy and constitutional values  of the American legal system. Although the principle of public access is  rooted in common law and constitutional tradition, individual states differ in  how they approach transparency in the context of court documents. These  jurisdictional inconsistencies continue to gain significance, as the digital age  has completely transformed the way people consume information. The  increasing digitization of court records has heightened the need for consistent  and constitutionally grounded standards that preserve transparency while  adequately protecting legitimate privacy interests. Florida’s …

A Comparative Analysis Of Domestic Violence Legislation In India And The United States: Understanding Protection Of Women Against Violence Act 2005 And Violence Against Women Act 1994, Deon Rodrigues

2025 Fall Honors Capstones Projects - Archive

Domestic violence continues to affect millions of individuals worldwide, yet legal systems respond to it in very different ways. This research compares how India’s Protection of Women from Domestic Violence Act (2005) and the United States’ Violence Against Women Act (1994; 2021) protect victims and hold offenders accountable. Using a comparative legal analysis, the study examines both laws’ language, enforcement mechanisms, and effectiveness through court cases, government reports, and statistical data. By identifying the strengths of the United States model such as mandatory arrest provisions and victim support systems, the study aims to propose practical reforms for India’s legal framework. …

Pronatalism In The United States: How Political Ideals Surrounding Family And Reproductive Health Care Contribute To Neglect In The Foster Care System, Carson Sebree

Undergraduate Honors Theses

Within the past decade, conservative reproductive politics in the United States have experienced an ideological shift from pro-life toward pronatalism. This has been intensified through the rollback of reproductive rights and the rise of Christian nationalism. However, there has been no commensurate additional funding for the foster care system. This project asks the interrelated questions of: “how is pronatalism linked to neglect within the foster care system?; and, how do theories of democratic care highlight the necessity to rethink support for the foster care system and create policies that will address its shortcomings, given the rise of pronatalist aw and …

Just A Place Or A Just Place?: Domestic Violence, Urban-Rural Differences, And Access To Justice, Cassie Chambers Armstrong

Kentucky Law Journal

No abstract provided.

Criminalizing Difference: An Intersectional Analysis Of Disability In The Criminal Justice System, Rowan Eisleman

Student Scholar Symposium Abstracts and Posters

This research addresses the central question: How do individuals with disabilities intersect with the criminal justice system, and what systemic factors contribute to their overrepresentation and victimization? Despite over 61 million Americans having disabilities, there exists a significant gap in comprehensive scholarship examining disability-criminal justice intersections, particularly regarding how people with intellectual and developmental disabilities experience unique vulnerabilities as both offenders and victims. This study contributes to disability studies and criminology by providing a comprehensive intersectional analysis examining how disability compounds with race and gender to create compounded marginalization. This study conducted a comprehensive literature review, analyzing government statistics from …

Representing The Incommunicado Client: Regulating The Attorney-Client Relationship In A Civil Rights Emergency, Michael Kagan

Washington and Lee Law Review Online

When the government obstructs a detainee’s ability to communicate with attorneys, normal rules governing the formation of attorney-client relationships break down. While some work-arounds exist to allow lawyers to bring such cases to court, they have significant limitations and can create problems of their own. The legal profession and the courts should adopt new rules modeled on emergency medicine to facilitate the filing of urgent civil rights claims for clients who are not in a position to consent. In emergency medicine, physicians can presume client consent for certain narrow and urgent purposes. Certain lawyers, in extreme cases, should be able …

Public Defender Discretion, Alma Magaña

Articles

A focus of criminal legal system reform efforts has been the curtailment of police, prosecutorial, and judicial discretion, which has been criticized for its arbitrariness and its contribution to racial, class, and gender disparities. However, one system actor has largely escaped similar scrutiny: public defenders, who, by grant of authority from ethical rules of practice and Supreme Court jurisprudence, have significant decision-making authority in the cases of indigent persons charged with crimes.

This Article will, for the first time, explore the historical rationale for giving public defenders the power to make life-altering decisions for their clients. Specifically, it dissects the …

Red, White-, And Blue-Collar Crime: Federal Sentencing Practices Among White-Collar And Blue-Collar Offenders, Henna Judge

Fordham Law Review

Under the current federal sentencing regime, district courts exercise immense amounts of discretion when sentencing. Though strict adherence to the U.S. Sentencing Commission Guidelines (the “Guidelines”) was once mandatory, courts must now use these Guidelines as an advisory starting point and make a series of fact-specific determinations when sentencing a defendant. Though judicial discretion in this realm aids in preventing undue reliance on Guidelines-range recommendations that can lack nuance, it also invites bias.

In recent years, scholars and courts alike have called attention to a potential disparity in the way blue-collar and white-collar offenders are sentenced. This Note examines relevant …

Settling On A Standard: Reviewing The Right To Self-Representation, Lauren Lipson

Fordham Law Review

Courts appoint counsel for indigent criminal defendants who cannot afford legal representation to uphold their Sixth Amendment rights. In its seminal waiver case, Faretta v. California, the U.S. Supreme Court elevated the corollary right—the right to self-representation—to constitutional status. In dicta, the Court created a standard by which defendants must waive their right to counsel “knowingly and intelligently” to proceed pro se. The Court subsequently sculpted the right to self-representation as it came to standby counsel and mental competency, but it never prescribed a precise waiver colloquy for district court judges to administer, causing the Faretta colloquy to look …

Freedom Clinic Faculty And Students Win Clemency Case Through New Jersey Second Chance Initiative, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Perlmutter Center for Legal Justice at Cardozo Law secured clemency for LaShawn Fitch through New Jersey's Second Chance Initiative. Cardozo Freedom Clinic faculty and students helped prepare Mr. Fitch's clemency petition, highlighting issues surrounding felony-murder sentencing, the trial penalty, and juvenile justice.

The Use Of Less-Lethal Force By Law Enforcement: A Legal Analysis Of Civil Liability Cases In The Use Of Bean Bags And Rubber Bullets In Policing, Kenneth Lomenzo, Joshua Rosenbaum, Nathan Cronin, Mason Meyers, Akramul Hasan

Journal of Criminal Justice and Law

The use of less-lethal weapons such as bean bag rounds and rubber bullets has become a prominent and controversial mark of contemporary policing. Although these munitions are designed to incapacitate without resorting to deadly force, their deployment has resulted in serious injuries, fatalities, and a growing body of litigation. This article examines how federal appellate courts have addressed such cases through a systematic legal content analysis of 16 decisions issued between 1999 and 2025. Each case involved a claim under 42 U.S.C. § 1983 alleging excessive force in violation of the Fourth Amendment. The analysis considers judicial reasoning, liability outcomes, …

The Progression Of Deinstitutionalization And Its Effects On The American South: A Judicial Analysis Of 20th-Century United States Supreme Court Decisions, Eva-Marie V. Jones

Honors College Theses

This thesis explores the effects of four landmark Supreme Court cases on the deinstitutionalization movement in the American south. Previous literature frequently discusses the legislative implications of this era; however, no law is applicable without the interpretation and application of the judiciary, which so often contextualizes the greater public perspective. Rarely has an analysis of judicial decisions involving psychiatric care merged with regional focus, and certainly not in a format accessible to the average individual.

From unmarked graves to abandoned infrastructure, the legacy of historic psychiatric care in the United States has been largely obscured – yet its consequences continue …

Killing Through Their Kids, Dyllan Moreno Taxman

William & Mary Law Review

In early 2024, James and Jennifer Crumbley were sentenced to over a decade in prison after their son, Ethan, shot and killed four classmates at Oxford High School in Michigan. The Crumbley parents incurred manslaughter liability by ignoring Ethan’s deteriorating mental state, gifting him the murder weapon, and failing to act on concerns about Ethan’s behavior on the day of the shooting. The Crumbleys were the first parents of a school shooter to be convicted of a homicide in American history. This Article suggests they will be far from the last. Indeed, less than one year after the Crumbley convictions, …

Incorporation By Any Other Name? Comparing Congress' Federalization Of Tribal Court Criminal Procedure With The Supreme Court's Regulation Of State Courts, Jordan Gross

Kentucky Law Journal

No abstract provided.

“A Plain Denial”: Reclaiming Equal Protection In American Juvenile Law, Addie C. Rolnick, David S. Tanenhaus, Justin Iverson, Danielle L. Silvestri

Seattle University Law Review

Juvenile courts are based on the premise that children are different from adults and should therefore be treated differently. Children may be treated more informally by courts, punished for different purposes, and brought before the court for different behaviors. Since In re Gault, the Supreme Court has been clear that there are limits to how different juvenile courts can be. Juveniles are entitled to many of the same procedural protections as adult criminal defendants, although the Court has preserved some procedural differences where it has determined that their benefit is outweighed by the need to preserve the informality, flexibility, …

Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White

Seattle University Law Review

The recent crisis at Green Hill School highlights the detrimental consequences of severe overcrowding in Washington State’s Juvenile Rehabilitation system—a problem exacerbated by the implementation of the JR to 25 legislation. This Note argues that the juvenile rehabilitation system, which is currently struggling to manage a wide age range of offenders, necessitates a fundamental rethinking of juvenile justice practices. By examining neurological research indicating continued brain development into the mid-twenties, along with the high prevalence of trauma among justice-involved youth, this Note proposes the creation of a dedicated third system of care within the Department of Children, Youth, and Families …

The Perlmutter Center For Legal Justice At Cardozo Law Secures Release Of Ernest Taylor After Serving 22 Years In Prison For A Minor Theft, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Announcement of the Perlmutter Center securing Ernest Taylor's release after resentencing.

Neurodiversity In The Courtroom: Expanding Jury Service Accessibility Beyond Physical Disability, Samantha L. Mabe

Seattle University Law Review

The Americans with Disabilities Act has required equal access to jury service for decades; however, efforts to accommodate jurors with disabilities have been slow to develop beyond some minor accommodations for physical disabilities. While neurodivergent people frequently struggle to navigate a world catered toward neurotypical people, jury service remains inaccessible for many neurodivergent people who need accommodations to attend trial and engage in jury deliberations. If courts and advocates do not consider how to develop accommodations to secure the service of neurodivergent jurors, they will miss out on the unique skillsets that neurodivergent people can bring to resolving disputes.

Disabled …

Generative Suspicion And The Risks Of Ai-Assisted Police Reports, Andrew Guthrie Ferguson

Northwestern University Law Review

Police reports play a central role in the criminal justice system. Many times, police reports exist as the only official memorialization of what happened during an incident, shaping probable cause determinations, pretrial detention decisions, motions to suppress, plea bargains, and trial strategy. For over a century, human police officers wrote the factual narratives that shaped the trajectory of individual cases and organized the entire legal system.

This practice is about to change with the creation of AI-assisted police reports. Today, with the click of a button, large language models (LLMs), a type of generative AI using predictive text capabilities, can …

Structurally Harmless: Why Brecht Should Apply On Collateral Review Of Structural Errors, Jaden M. Lessnick

Notre Dame Law Review Reflection

Even when a prisoner has overcome all of AEDPA’s requirements and the Supreme Court’s equitable bars to relief, the writ of habeas corpus may issue only as “law and justice” require. The Court has recognized in recent Terms that the habeas statute thus confers on courts discretion to deny relief notwithstanding the satisfactions of the statutory and equitable preconditions. This discretion, the Court has said, is not boundless. A judge may grant the writ only after considering the principles of finality and federalism. Whatever else that includes, the Supreme Court has made clear that a judge must apply Brecht’s …

The Future Of Virtual Proceedings In The Federal Courts, Jeremy Fogel, Mary S. Hoopes

Indiana Law Journal

The federal courts are notoriously hesitant to modify their procedures and policies. Much of this “small c” conservatism is driven by a concern that their rules be “trans-substantive” and suited to a wide range of circumstances. For years, they stubbornly resisted allowing remote proceedings and similar uses of technology in the courtroom because of concerns that permitting them could affect the quality of lawyering and decision-making, compromise the safety of jurors and witnesses, and diminish the public’s perception of the courts. The COVID-19 pandemic abruptly changed this, forcing judges to alter radically the way they conducted proceedings.

Nearly five years …