Digital Commons Network^™

A Real Account Of Deep Fakes, Benjamin L.W Sobel

Michigan Law Review

Laws regulating pornographic deepfakes are written to prohibit “digital forgeries,” “false” images, or media “indistinguishable” from “authentic” recordings. Yet the typical anti-deepfake law covers materials that aren’t forgeries, aren’t false, and that reasonable observers can easily distinguish from authentic recordings. Though drafted as if they regulate statements of fact, anti-deepfake laws actually target certain outrageous depictions per se—and rightly so, because pornographic deepfakes cause harm irrespective of their truth or falsity. However, the inapposite language of facts results in statutes with crucial ambiguities. Moreover, because anti-deepfake laws ban outrageous depictions irrespective of the factual assertions they make, they differ fundamentally …

Individualized Cannabis Reparations, Scott Bloomberg

Faculty Publications

This Article makes an argument that should be obvious. The best way for governments to right the wrongs of cannabis prohibition is to give money to people with cannabis offenses. Nonetheless, this straightforward reform has been consistently overlooked, dismissed, or minimized by policymakers and scholars alike, eschewed in favor of other social equity programs that do not right those wrongs nearly as effectively. Governments have indeed invested hundreds of millions of cannabis tax dollars in social equity licensing programs and community reinvestment initiatives. These programs-while often worthwhile-do not benefit the vast majority of people with past cannabis offenses. Governments should …

Probing The Prevalence Of Pharmaceutical Corruption, Marc A. Rodwin

Suffolk University Law School Faculty Works

This article reviews the history and current evidence of systematic pharmaceutical industry corruption.  It draws on studies by the OECD on international corruption; reports of the Securities and Exchange Commission; studies of the Public Citizen health Research Group of settlement agreements between federal and state authorities and pharmaceutical firm; the history of the Medicare and Medicaid Anti-Kickback Act; professional and industry codes of ethics; the literature on institutional corruption; and studies of conflicts of interest.  These sources support findings of systemic corruption since the mid-20th century. The paper also explores the relationship between classic corruption, institutional corruption and conflicts of …

Using State Sentencing Enhancements To Protect Journalists From Physical Assault, Anthony L. Fargo

Villanova Law Review (1956 - )

No abstract provided.

Core Elements Of Policy Solutions, Audrey Morrissey

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

The Exoneration Of Archie Williams, Dominic R. Graves

SACAD: Scholarly Activities

This poster covers the case of Archie Williams, a man incarcerated for a crime he did not commit. Multiple forensic science and criminalistic strategies were employed to exonerate Williams after years of incarcerations. Fingerprints and false identification were themes throughout the case. Much of the evidence was used in the trial but disregarded, only to be used to appeal the punishment. This poster highlights the case, the issues with repeat line-ups, and the accuracy of fingerprints. The poster also conveys alternative actions that could have prevented this unfortunate outcome. This is but one story of many others who have been …

Athletic Participation And Youth Justice System Involvement, Dominic R. Graves, April Terry

SACAD: Scholarly Activities

Research supports the role of prosocial leisure activities in reducing justice system involvement. Athletic-based programs have mixed findings regarding reducing system involvement among youth. However, when implemented correctly, sports programs can greatly benefit youth by providing them with structured adult supervision and mentorship. This poster briefly introduces the social bond theory supporting the influence of athletics and highlights potential negative associations with athletic-based programs. This poster concludes with a review of current implementation and future guidance.

Home Of The Brave, Land Of The Free: The Star-Spangled Banner's Contested History, Michael H. Hoffheimer

Nebraska Journal on Advancing Justice

No abstract provided.

Welcome To The Trump Administration’S Board Of Immigration Appeals. The Immigrant Always Loses., Jason A. Cade

Scholarly Works

The first 100 opinions in Volume 29 of the Board of Immigration Appeals’ precedential decisions—issued at more than three times the historical pace—constitute a project. The Trump Administration has used the Attorney General’s self-referral power and a reconstituted, ideologically aligned Board to engineer a body of precedents that reliably produces one result: removal. This Essay organizes these decisions, cataloged in a full Appendix, into five main categories: (1) narrowing relief for noncitizens alleging persecution; (2) expanding mandatory detention while narrowing discretionary release; (3) maximizing the immigration consequences of criminal history and related grounds while foreclosing the relief mechanisms Congress created …

Online Recruitment For Interview Participants Impacted By The Criminal Legal System, Sarah Lageson, Carolina R. Caliman, Elsa Chen, Ericka Adams

Qualitative Criminology (QC)

"As technology has altered communication, qualitative criminologists have turned to digital spaces for a cost-effective approach to recruit participants who have been impacted by the criminal legal system. This paper analyzes the limits and benefits of online recruitment, detailing our experience recruiting 93 interviewees online for a qualitative study of criminal record expungement. We compare three approaches: social media advertisements, Amazon’s crowdsourced MTurk platform, and the opt-in survey platform Prolific, and analyze the financial and labor costs associated with each. We detail our experience individually screening 685 interested participants to obtain 86 qualitative interviews suitable for analysis. Our experience shows …

Fragmented Responses: Variability In Law Enforcement And Prosecutorial Approaches To Sexual Assault Cases, Veronica Gonzalez

Qualitative Criminology (QC)

"Sexual assault (SA) remains a pervasive issue in the United States, marked by low reporting rates, inconsistent investigations, and limited convictions. In response, researchers and practitioners have promoted a range of best practices aimed at improving law enforcement and prosecutorial responses. This qualitative study draws on interviews with 13 law enforcement agencies and 12 prosecutors' offices to explore how recommended practices—such as victim advocacy, specialized units, interagency collaboration, and case reviews—are interpreted and operationalized in the field. Findings reveal substantial variability, shaped not only by resource availability but also by leadership priorities, organizational culture, and the ambiguity of guidance documents. …

To Protect And To Serve? A Phenomenological Exploration Of Interactions Between Black Transgender Women And Law Enforcement In The Midwest, Anthony Banks, Kelli E. Canada, Erin L. Robinson, Mansoo Yu, Lynn Mie Itagaki

Qualitative Criminology (QC)

"Current research indicates transgender women of color are experiencing what is being referred to as an “epidemic of violence.” Law enforcement personnel are in a unique position to mitigate this violence among transgender women of color, however past research shows that law enforcement may in some instances perpetuate already existing violence with this population instead of preventing and intervening in these situations. This study aimed to add to the limited research by using an intersectional theoretical framework to better understand these interactions. Research questions were answered using a phenomenological research design. Data from 36 semi-structured interviews with Black transgender women …

"This Is Not A Scam!": Assessment Of An Awareness Raising Program Tackling Older Adults' Scam Victimization In A Multi-Method Study, Katalin Parti, Pamela Teaster, Susanna Rinehart, Charles Dye

Qualitative Criminology (QC)

"Interactive theatre has long been used to educate and empower communities and prevent crime across all age groups. Although older populations are disproportionately victimized through fraudulent online schemes, effective educational interventions, like interactive theatre, have not been utilized to increase crime awareness. This paper describes an explorational research project, analyzing the results of a theatre-based fraud awareness program aimed towards educating victims and their communities about scams targeting older people. The study employs a mixed-method research design to examine program impact. In applying multifaceted tools of data collection, such as survey, participant observation, and follow-up interviews, the research team identified …

Aging On Parole: A Thematic Analysis Of The Parole Officer’S Perspective, Angela Murolo

Qualitative Criminology (QC)

"A growing proportion of people leaving prison are over 50 years old and will live at least temporarily under the supervision of a parole officer. While recidivism rates are lower for older people, there are physical, mental, and societal challenges that accompany advancing age that make successful reentry and reintegration a challenging experience compared to their younger counterparts. This presents novel challenges for parole officers who are tasked with supervising and counseling elderly people on parole. Surveys containing closed and open-ended questions were administered to N=25 parole officers to understand the differences in working with, counseling, and supervising older and …

The Multi-Hatted Court: Community Courts As Boundary Organizations, Peter Dixon, Hadar Dancig-Rosenberg

Northwestern University Law Review

As a variety of the problem-solving court model, community courts have received significant scrutiny and debate. Do they help individuals by addressing the underlying needs that contribute to criminal behavior? Do they extend an unjust criminal legal system by making help conditional upon judicial involvement? This Article moves beyond such debates to ask how community court professionals and the communities who engage with them manage these and other tensions that are inherent to the model itself. As the second in a series of articles drawing on semi-structured interviews and focus groups with diverse stakeholders at the Red Hook Community Justice …

Litigating With No Receipts: How The Denial Of Access To Trial Transcripts Denies People The Opportunity To Access Justice, Madisen Zent

University of Cincinnati Law Review

No abstract provided.

Masalah Lingkungan Hidup Dan Dampak Sosialnya, Prof. Dr. Soerjono Soekanto, S.H., M.A.

Jurnal Hukum & Pembangunan

Abstract

Logic, Experience, Dan Pengembangunan Hukum, M. Rachim Sjaian, S.H.

Jurnal Hukum & Pembangunan

Abstract

Collar Correction For Lenity: Modifying The Rule Of Lenity To Promote More Equitable Application To White-Collar And Blue-Collar Defendants, Brennan Corriston

Fordham Law Review Online

Centuries ago in England, when most crimes were punishable by death, judges—aware of the unfairness of this system—construed penal statutes narrowly. This was “to stem the march to the gallows” and to protect citizens from this overly harsh regime. From these harsh origins arose the rule of lenity, which instructs that when the scope of a criminal statute is ambiguous, courts should select the less harsh—i.e., more lenient—interpretation of the statute. This principle can serve constitutional functions: lenity safeguards due process by ensuring that the public has fair notice about the reach of criminal laws, and it safeguards separation of …

Taking The Profit Out Of War: Why International Law Requires Restitution Of Nazi-Looted Art, Raymond J. Dowd

Fordham Law Review Online

No abstract provided.

Facing State-Created Danger In Facial Recognition Technology, Esha Jain

Washington Law Review

When the police wrongfully arrest someone, that person faces distinct harms. Various scholarship, news articles, and studies document that AI-powered facial recognition technology (FRT) disproportionately misidentifies individuals from marginalized racial groups when used irresponsibly. Many of those sources indicate that police reliance on FRT without adequate vetting results in wrongful arrests. Yet law enforcement continues to misuse FRT.

This Comment contends that the 42 U.S.C. § 1983 state-created danger doctrine offers a potential remedy for plaintiffs harmed by police reliance on FRT. To prevail under this doctrine, plaintiffs must prove affirmative conduct, deliberate indifference, and proximate causation. If successful, these …

Contagious Discrimination: Why Race-Blind Justice In Courtrooms Is Not Enough, Yijia Lu, Murat C. Mungan

Faculty Scholarship

Existing theories of discrimination focus on discrimination at the individual, societal, or organizational level. We highlight the importance of the dynamic relationship between different institutional actors who jointly give rise to discriminatory outcomes. This reveals that discrimination can be contagious: discrimination that would otherwise not occur at one institutional level can arise due to discrimination at another institutional level. Therefore, discrimination by some actors can trickle down and create disparate impacts in processes that would otherwise be free of discrimination. This phenomenon, which we term “contagious discrimination,” can manifest itself in various settings such as employment and commercial trade negotiations. …

After Grants Pass: The Case For Recentering The Criminal Legal System And Its Constitutional Constraints, Scout Katovich

William & Mary Law Review

In City of Grants Pass v. Johnson, the Supreme Court held that the Eighth Amendment does not prohibit cities from punishing unhoused people for sleeping outside when they have nowhere else to go. While the holding was legally narrow, the Court’s rhetoric framed criminalization as sound policy rather than punishment, obscuring the criminal legal system implications at the heart of the case. Cities responded not to the narrow holding but to the rhetorical message: In the year following the decision, they enacted hundreds of new laws criminalizing homelessness and dramatically intensified enforcement.

This Article argues for the recentering of …

Compensation For Victims Of Crimes: Should Victims’ Financial Means And Insurance Coverage Matter? — Criminal Procedure Code 2010, S 359(1); Public Prosecutor V Ong Eng Siew [2025] Sghc 55, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Under s 359(1) of the Criminal Procedure Code 2010, the court can order an offender to compensate the victim with a sum which the victim would have been able to recover in a civil claim in tort against the offender. The courts have used this useful power extensively, though problems remain. One such problem is seen in Ong Eng Siew, where the court declined to make a compensation order. Given the purpose of the compensation system, the court was not correct to hold – in effect – that the purpose of s 359(1) is to benefit only impecunious victims, and …

Marked For Prosecution: The Use Of Tattoo Recognition Technology In Criminal Trials And The Case For Evidentiary Limits, Marc Consalo

Mercer Law Review

In recent years, tattoos have taken on a new and largely overlooked role in our criminal trial system. Once viewed primarily as personal or cultural expression, tattoos are now treated by law enforcement as biometric data which can be analyzed, codified, and then searched by artificial intelligence (“AI”). Police departments and prosecutorial offices have begun using tattoo recognition software to identify suspects, assume gang membership, and establish guilt based on imagery or symbols. Yet, despite the rapid growth of this technology, its use in the courtroom has received almost no scholarly attention and even less judicial scrutiny.

This Article seeks …

Catching Up With The Constitution? Georgia Fixes Its Fatal Burden Of Proof For Findings Of Intellectual Disability In Capital Cases, Meagan R. Hurley

Mercer Law Review

In 1988, Georgia became the first state to prohibit the execution of individuals with intellectual disability—a landmark reform spurred by the execution of Jerome Bowden, a Black man with an IQ of 59. Yet, due to a drafting error, the statute imposed an insurmountable burden: requiring defendants to prove their intellectual disability beyond a reasonable doubt. For nearly four decades, that fatal flaw rendered Georgia’s protection illusory. Not a single capital defendant facing intentional murder charges prevailed. While nearly every other jurisdiction adopted the far more workable “preponderance of the evidence” standard, Georgia stood alone, out of step with both …

Masalah Penegakan Hukum Dan Kesadaran Hukum, Dr. Soerjono Soekanto, S.H., M.A.

Jurnal Hukum & Pembangunan

Abstract

Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen

Seattle University Law Review

The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Seattle University Law Review

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger

Seattle University Law Review

There has been a seismic shift in American attitudes toward the free flow of data across borders.  In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …