Digital Commons Network^™

How The Dod Discourages Military Families From Seeking Mental Health Counseling, Christina Welch

Seattle University Law Review

The Department of Defense’s (DoD) administration of the Exceptional Family Member Program (EFMP) presents significant barriers to mental health care access for military spouses and children. This paper explores how the EFMP, though designed to support military families with special needs, inadvertently creates barriers to mental health treatment. Military family members often do not seek mental health treatment to avoid the program's mandatory enrollment requirements. Military family members often view enrollment in the program undesirable because enrollment can restrict the pool of potential future duty assignment locations that are available to service members.

The lack of comprehensive data collection by …

2025, Richard Delgado

Seattle University Law Review

"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."

-excerpt from Kevin Johnson's review of 2025

The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich

Seattle University Law Review

This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.

This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …

Extra Omnes: Analyzing The United States’ And Ireland’S Methods Of Quelling The Criminal Clergy Sexual Abuse Scourge, Dana Aprigliano

Journal of Catholic Legal Studies

(Excerpt)

In late 2008, an Irish businessman was successful in legally preventing sexual assault claims from being brought against him. In explaining why one “victim” should be discredited, the court cited a threat she made against the businessman to make allegations of a sexual nature against him if he did not pay her a sum of money. In particular, she told him that if he did not pay her, she would “have him . . . ’plastered all over the front of the Evening Herald like those p[e]dophile priests.’ ” Although the businessman was not a priest or, as it …

“I Have A Voice”: Bridging The Communication And Sensemaking Gap Between Restorative Justice Practice And Program Implementation, Stefan Cocorelis

Dissertations

Restorative justice (RJ), a philosophy, practice, and movement inspired by local, largely Indigenous traditions, has increasingly been introduced in modern criminal justice systems as an alternative process to more comprehensively address harmful incidents, heal harms, and meet victim’s needs. While RJ implementation growth is encouraging for its advocates, there remain significant questions around formalized RJ practice. Specifically, little is known about the decision-making process in implementing and administering RJ programming within criminal justice. This dissertation aimed to contribute to the understanding of RJ practice and implementation efforts within criminal justice systems by putting emphasis on practitioners already working directly in …

Menelusuri “Jejak” Lambang Negara Republik Indonesia Berdasarkan Analisis Sejarah Hukum, Turiman Turiman

Jurnal Hukum & Pembangunan

Abstract

Comparative Study On Institutional Design And Scope Of Grounds Of Criminal Cases Review Between Indonesia And The United Kingdom, Rahman Syamsuddin, Muhammad Ikram Nur Fuady, Hasdiwanti Hasdiwanti, Hilmiah Hilmiah

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study examines to examine the comparative framework of criminal cases review between Indonesia and the United Kingdom (UK), focusing on the scope of grounds and institutional framework. Both jurisdictions recognize post-conviction review as an extraordinary legal remedy intended to prevent miscarriages of justice. Indonesia employs revision (PK –Peninjauan Kembali) as a restrictive system, similar to the Court of Appeal. The UK adopts a broader and more flexible model through Criminal Cases Review Commission (CCRC). The study used secondary data and literature reviews, with a comparative legal approach grounded in normative and institutional analysis, assessing the legal structures, procedural …

An End To The Madness: How Justice Barrett Provides A Way Out Of The Categorical Approach, Sarah Webster

Catholic University Law Review

Is murder by omission a crime of violence? In its October 2024 term the Supreme Court of the United States was asked this very question in Delligatti v. United States. This case appeared before the Supreme Court because of its 2019 decision United States v. Davis. In Davis, the Supreme Court narrowly held the residual clause of 18 U.S.C. § 924(c)(3)(B) as unconstitutionally vague as a result of its interpretation that the statute required a categorical approach. As a result, federal courts have been forced to provide pages of painstaking analyses to hold that murder by omission …

Plutocratic Public Safety, Erin Collins

Texas A&M Law Review

Recent political events have laid bare the ways that the United States functions like a plutocracy, in which the ultra-wealthy exert influence over core governance functions. The criminal system is not immune from this influence. Big Capital shapes the operation of the criminal system in highly visible ways through its investments in policing technology, electronic monitoring systems, and correctional and detention systems. This Article shows how the economic elite shape the operation of the criminal system in a less obvious way: through philanthropic giving. Big Philanthropy provides another—albeit seemingly benevolent—avenue through which the ultra-wealthy can advance a vision of public …

Proporsionalitas Penjatuhan Pidana, Eva Achjani

Jurnal Hukum & Pembangunan

Abstract

The Normative Evolution Of Political Crime In Egyptian Criminal Law 1881 – 1981, Anas Sayed Elkorashy

Theses and Dissertations

This thesis examines the historical evolution of the Egyptian criminal justice system's approach to managing political opposition. It employs the concept of "political crime" as a heuristic for analyzing the prosecution of dissent, despite the absence of a statutory definition within the legal system. By situating these practices within the broader context of political conflict, the study traces how criminal law has been used to manage rivalry and neutralize perceived threats to the state. Drawing on Fraenkel’s theory of the "Dual State," the thesis argues that modern Egyptian criminal justice has developed through a distinctive dual structure. The research distinguishes …

Perempuan Dan Hak Asasi Manusia Dalam Perspektif Hukum Islam, Uswatun Hasanah

Jurnal Hukum & Pembangunan

Abstract

Perlindungan Hukum Terhadap Tki Yang Bekerja Di Luar Negeri (Kajian Yuridis Terhadap Sinkronisasi Peraturan Perundang-Undangari Penempatan Dan Perlindungan Tki), Lalu Husni

Jurnal Hukum & Pembangunan

Abstract

Pembaharuan Makna Asas Legalitas, Hwian Christianto

Jurnal Hukum & Pembangunan

Abstract

Peraturan Hukum Perburuhan Dan Sikap Pengadilan: Tarikmenarik Antara Kepentingan Investor Dan Kepentingan Buruh, Syamsul Khoiri

Jurnal Hukum & Pembangunan

Abstract

Hak Asasi Manusia (Ham) Atas Lingkungan Hidup (Suatu Rekfleksi Sosio Yuridis Atas Implementasi Penyelesaian Sengketa Lingkungan), Junior B. Gregorius

Jurnal Hukum & Pembangunan

Abstract

Frye Is So Last Century: It’S Time For Washington To Get With The Times, Darian Mullen

Seattle Journal of Technology, Environmental, & Innovation Law

This paper argues that Washington State should finally abandon the

Frye test for expert witnesses and adopt the Daubert test used by federal

courts and most states. It begins with a discussion of the background of

expert witnesses in the U.S. court system and its evolution through Frye.

Then, it looks at the increase in drunk driving in Washington State as a

case study for how the public depends on quality science to protect

individuals and punish wrongdoers. Through the case study, it is

apparent that Frye is an unworkable standard that should be superseded

by Daubert.

Hukuman Mati Pasca Putusan Mahkamah Konstitusi, Todung Mulya Lubis

Jurnal Hukum & Pembangunan

Abstract

The Amendments Of The Constitution Of 1945: Its Impact On Indonesian Legal System, Budi Darmono

Jurnal Hukum & Pembangunan

Abstract

The Paradox Of Protection: How Age Of Consent Laws Fail The Youth They Were Designed To Defend, Christie Smith

Advanced Issues in Criminal Law: Sex Offenses

This paper examines the historical development, modern inconsistencies, and unintended consequences of age of consent laws in the United States and abroad. Tracing the doctrine from its origins in English common law through reform movements in countries such as the United States, India, and Canada, the paper argues that age of consent laws have often reflected shifting political, economic, and patriarchal objectives rather than coherent principles of protection or developmental maturity. The paper explores discrepancies across jurisdictions, contradictions in adolescent autonomy, gender bias in enforcement, and the overcriminalization of consensual relationships between minors. It further analyzes how modern statutory frameworks …

Yurisdiksi Pengawasan Internal Dan Eksternal Terhadap Tanggung Jawab Profesi Hakim (Analisis Kasus Pemeriksaan Hakim Pt Bandung Terkait Sengketa Pemilihan Kepala Daerah Kota Depok), Andi Ahmad Nur Darwin

Jurnal Hukum & Pembangunan

Abstract

Hukum Acara Pidana Dalam Pelaksanaan Peradilan Di Indonesia (Tinjauan Empiris Terhadap Keseimbangan Penegakan Hukum Dan Perlindungan Hak Asasi Manusia), Otto Comelis Kaligis

Jurnal Hukum & Pembangunan

Abstract

Justice For None: How The United States’ Sexual-Offense System Fails Victims, Defendants, And The Public, Hannah J. Flannery

Advanced Issues in Criminal Law: Sex Offenses

This paper argues that the United States criminal justice system fundamentally fails in its treatment of sexual offenses by retraumatizing survivors while simultaneously relying on punitive mechanisms that undermine meaningful accountability and rehabilitation. Through an examination of adversarial courtroom practices, prosecutorial discretion, plea bargaining, sex-offender registries, and civil commitment regimes, the paper demonstrates how American law prioritizes punishment, political performance, and moral panic over truth, dignity, and public safety. In contrast, comparative analysis of France, Canada, and the Nordic countries reveals alternative models grounded in consent-based legal frameworks, trauma-informed procedures, and rehabilitative justice. These systems emphasize proportionality, reintegration, and institutional …

Criminal Law, Thomas D. Church, Reid M. Koski

Mercer Law Review

This Article provides a tour of the most important criminal law opinions published by the United States Court of Appeals for the Eleventh Circuit in 2025. Rather than engage in an exhaustive review of the facts and laws in each case, we focus on the key holdings from the most noteworthy, published decisions. Section I of this Article addresses rulings specific to substantive offenses such as fraud, drug trafficking, and sex crimes, while Section II covers issues arising under the U.S. Constitution, the Federal Rules of Evidence, and the Federal Rules of Criminal Procedure. Section III deals with the Federal …

Prinsip Military Necessity Dalam Hukum Internasional Humaniter, Hersapta Mulyono

Jurnal Hukum & Pembangunan

Abstract

What’S The Difference Without Deference: How The Eleventh Circuit Stopped Deferring To The Sentencing Commission And Shaped A New Landscape Of Federal Sentencing, Katherine Howard, Conrad Kahn

University of Miami Law Review

The Sentencing Guidelines shape nearly every federal sentence. Judges must calculate and consider the Guidelines’ recommended range before deciding how long someone goes to prison. For decades, though, courts treated the Sentencing Commission’s commentary about the Guidelines as controlling—even when the guideline’s text was clear and unambiguous.

That changed with United States v. Dupree. Sitting en banc, the Eleventh Circuit held that the Supreme Court’s decision in Kisor v. Wilkie—which limits when courts may defer to an agency’s interpretation of its own rules—applies to the Sentencing Guidelines. After Dupree, courts may not defer to the commentary unless, …

Kajian Dari Perspektlf Hak-Hak Perempuan Tentang Perkawinan Campuran, Mutiara Hikmah

Jurnal Hukum & Pembangunan

Abstract

Gagasan Pengadilan Pemllihan Umum Dalam Perspektlf Sejarah Hukum Penyelenggaraan Pemilu 1999, Satya Arinanto

Jurnal Hukum & Pembangunan

Abstract

The Long Arm And The Short Stick: How Citizenship Transforms White-Collar Enforcement, Andrey Spektor, Henry B. Blaikie

Fordham Law Review Online

Transnational white-collar enforcement has expanded steadily, even amid recent Department of Justice rhetoric favoring restraint. Yet the enforcement apparatus imposes markedly different—and more costly—consequences on noncitizen defendants than on similarly situated U.S. citizens. Noncitizens are more likely to be detained pretrial and more likely to serve longer and harsher custodial terms because they are excluded from sentence-reducing mechanisms, housed in more restrictive facilities, and face an additional layer of postsentence immigration detention. These structural features convert nominally equivalent sentences into more punitive sanctions while increasing burdens on courts, prisons, the immigration system, and taxpayers.

This Essay argues that courts, as …

Men’S Courts Or Women’S Laws? Domestic Violence, Men’S Rights Activism, And The Specter Of False Cases, Arushi Gupta

LL.M. Essays & Theses

In the late 1970s and early 1980s, Indian newspapers and magazines began reporting stories of domestic abuse in matrimonial homes ranging from women subjected to dowry demands, beatings, everyday mistreatment, financial control, expulsion from the home, and even being burnt to death. Feminists recognized this as an urgent issue to respond to as these reports highlighted that domestic violence is endemic. Everybody knew a victim. Their own mothers, sisters, friends and, in some cases, they themselves were facing violence within marriage. The lobbying of women’s groups helped prompt the passage of Section 498A in 1983, which criminalized cruelty against women …