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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 …

Impact Of The 23andme Bankruptcy On Preserving The Public Benefit Of Scientific Data, Jonathan E. Lotempio Jr., Chistopher R. Donohue, Jonatahan D. Moreno, Ana Santos Rutschman, Joshua Sarnoff, Michael S. Sinha, Thomas Stoeger, Jorge L. Contreras

Faculty Publications

The bankruptcy of 23andMe was an inflection point for the direct-to-consumer genetics market. Although the privacy of consumer data has been highlighted by many as a concern, we discuss another key tension in this case: the corporate enclosure of scientific data that has considerable potential value for biomedical research and public health.

Opening Brief For Plaintiff-Appellant Jacob Julick, Aryssa Harris, Cameron Tong, Madeline H. Meth

Faculty Scholarship

For ten days in the middle of winter, officers at the Kentucky State Penitentiary (KSP) confined Jacob Julick in freezing cells, dressed only in paper boxers, and without access to hygiene products, a shower, cleaning products, bedding, or shoes. The reason? Mistaken retribution in response to a recent assault on an officer in which Julick was not involved.

When Julick reported experiencing suicidal thoughts, Defendant Officer Jason Denny mocked him, telling him to “kill [him]self and do them the favor.” Shortly after, Julick was moved from his first solitary cell to a strip cage where he was handcuffed, shackled, and …

The Lived Experiences Of School Administrators Addressing School Violence Prevention Strategies And Safety Policies In Tennessee: A Transcendental Phenomenological Study, Trinka Hicks

Doctoral Dissertations and Projects

The purpose of this transcendental phenomenological study was to describe the lived experiences of urban high school administrators addressing school violence prevention policies and strategies in academic settings in an urban school district in Tennessee. The central research question used to lead this study is, what are the experiences of school administrators addressing school violence prevention strategies and safety policies in the academic setting? The theory that guided this study is Bandura’s social cognitive theory. Social cognitive theory emphasizes observation, imitation, and modeling, and the relative connection between behavior and the social environment was applied in this study to evaluate …

Legal Considerations On Predictive Policing Based On Italian ‘Algorithmic Administration’ Principles, Stefano Rossa

Yearbook of Antitrust and Regulatory Studies

In Beck’s current risk society, the State is faced with a dilemma. To fail before the risk but to keep the sphere of citizens’ rights intact; or not to fail but to restrict fundamental rights? This payoff turns out to be the main issue that juridical reflections on the use of predictive technology tools in the public sector must consider. Policing is an administrative function that is mainly composed of acts of a preventive nature. By using ICT, it is possible to employ AI systems with a very high rate of certainty to ‘predict’ future crime scene. But is it …

Ai Companions And The Lessons Of Family Law, Clare Huntington

Minnesota Law Review Vols. 106:2 onward (2021-present)

Virtual friends and lovers powered by artificial intelligence are rapidly moving to the center of our emotional and social lives. Millions of people turn to AI companions every day for conversation, romance, sexual intimacy, therapy, and education. AI companionship holds promise, potentially reducing loneliness, supporting people without access to mental health treatment, helping students learn, and offering a judgment-free space for sensitive conversations. But AI companionship also raises significant concerns. The technology’s addictiveness may exacerbate loneliness and can undermine human relationships. Therapy bots may prove more harmful than helpful. AI companions can be emotionally abusive. And their access to the …

The Good, The Bad, And The Ugly: A Comparative Constitutional Analysis Of Whistleblowing Speech, The Government's Managerial Domain, And The Imperatives Of Democratic Self-Government, Ronald J. Krotoszynski Jr.

Minnesota Law Review Vols. 106:2 onward (2021-present)

Since issuing its 1968 landmark decision in Pickering, which first recognized that the First Amendment protects government employees’ speech about matters of public concern, the U.S. Supreme Court has proceeded to whittle away First Amendment protections for government employees. The Justices have done so by adopting a series of categorical exclusions to Pickering that all strongly favor the government as an employer and manager. These subsequent decisions have created a jurisprudential obstacle course that government employees must successfully run in order to invoke the Free Speech Clause at all. The current U.S. approach is plainly bad. However, it could …

Securitizing The University, Maryam Jamshidi

Minnesota Law Review Vols. 106:2 onward (2021-present)

Since October 7, 2023, public and private actors have doubled down on efforts to securitize the American university. In large part, these initiatives aim to quash a vocal pro-Palestine movement that has become highly visible across U.S. campuses since October 7th. In targeting this group, these efforts have variously treated the university as an “object” of national security, namely, as a potential site of national security risk, while simultaneously encouraging or pressuring universities to “participate” in national security, namely, by actively and, in many cases, voluntarily furthering U.S. national security objectives. The university’s status as object of and participant in …

Beyond Judicial Dialogue: Reference To Domestic Law By The Inter–American Court Of Human Rights, Soledad Bertelsen

University of Miami Inter-American Law Review

The recent freeze of U.S. funding to the Inter–American Commission on Human Rights serves as a reminder of how fragile the Inter–American System of Human Rights truly is. The effectiveness of the Inter–American institutions largely depends on their legitimacy in the eyes of the member states. This article argues how the legitimacy of the Inter–American Court can be enhanced by the language used in its judgments. The paper focuses on how references to domestic law in the case–law of the Inter–American Court can persuade states to comply with its decisions. Citations transcend the much–discussed judicial dialogue since they also reference …

Magic Mushrooms As Medicine: What The United States Can Learn From Jamaica’S Unregulated Psilocybin Industry As Fda Approval Nears, Kyle Spohn

University of Miami Inter-American Law Review

In 1970, Congress passed the Controlled Substances Act and swiftly placed psilocybin (the active chemical in “magic mushrooms”) under Schedule I—the strictest level of regulation withheld for substances with “no currently accepted medical use.” While the United States has maintained this rigid framework, Jamaica has taken the opposite approach. Psilocybin was never listed under Jamaica’s Dangerous Drugs Act, and remains unregulated. In recent decades, research has shown that psilocybin, when administered in controlled settings, can effectively treat depression, anxiety, and other psychiatric conditions. In response, the Jamaican government has not only preserved psilocybin’s legality but has encouraged research and industry …

Constitutional Law On Abortion In Latin America And The Caribbean: A Regional Consensus Towards An International Custom Or A Peremptory Norm Of Jus Cogens?, Ligia Castaldi

University of Miami Inter-American Law Review

The Inter–American Court of Human Rights recently declared the existence of a jus cogens right to a healthy environment: could it lawfully reach the same conclusion regarding a right to abortion? This paper examines constitutional law and constitutional jurisprudence on abortion in Latin American and Caribbean countries to determine whether a regional consensus exists on abortion rights in the region. The paper looks at landmark abortion decisions favoring abortion rights in Colombia and Mexico, as well as broad abortion decriminalization through statutory reform in Argentina, Uruguay, Haiti and Cuba. The paper also looks at prenatal right to life protections in …

States As Shields, Lindsay F. Wiley

Minnesota Law Review Vols. 106:2 onward (2021-present)

State laws that aim to shield providers of reproductive health and gender-affirming care from the punitive actions of out-of-state officials raise thorny questions. Can the federal courts, Congress, or the Trump Administration require New York officials to enforce a Texas ban on abortion or gender-affirming care against a New York doctor who prescribed medication to a patient in Texas via telehealth? If so, how might New Yorkers’ access to health care be affected? If not, will interstate commerce and travel preserve some degree of access for Texans?

Disputes over reproductive health and gender-affirming care are putting new pressure on doctrines …

"Pollution Does Not [Sic] Discriminate": Louisiana V. Epa, Disparate Impact, And The Fight For Environmental Justice In A Hostile Climate, Naomi Brim

Minnesota Law Review Vols. 106:2 onward (2021-present)

Human-induced climate change hurts people. Environmental burdens impact a person’s ability to live freely, in good health, and with loved ones. And in the United States, people in positions of political authority and decision-making—who are predominantly white and high-income—use the legal system to push environmental harms disproportionately onto low-income, Black, Indigenous, People of Color (BIPOC) communities. This has occurred for centuries and continues in the present. A basic sense of justice makes the following conclusion easy to reach: skin color, zip code, and pocketbook should not determine whether someone enjoys a clean and healthful environment.

For plaintiffs seeking relief from …

The Role Of Religion In Ensuring National Security In Kazakhstan, Nurzhan Arystanbekuly Tursin Nur, Mukhan Issakhan, Shamshadin Kerim, Kovalev Dmitriy, Kalimash Begalinova

Occasional Papers on Religion in Eastern Europe

This article explores the foundations of state policy aimed at ensuring religious stability in Kazakhstan. It analyzes the scientific basis of religious studies, principles of tolerance toward the country’s traditional religions, and the role of religion in maintaining national security. The methodology, goals, and objectives of the study are shaped by the interdisciplinary nature of the subject. The research examines state and interfaith relations, the development of freedom of religion, its integration into domestic and international law, and ways of resolving legal contradictions, traditions, and stereotypes. The theoretical framework relies on the works of domestic and foreign scholars devoted to …

The Legal And Ethical Impacts Of Cybersecurity Practices On Privacy And Digital Rights, Ibrahim Fejzulla

Cybersecurity Undergraduate Research Showcase

The General Data Protection Regulation (GDPR) and the Health Insurance Portability and Accountability Act (HIPAA) are meant to secure our data, but sometimes it feels as if organizations don’t do enough to secure and protect our data and privacy. Even some of the things organizations may do to improve security may sound counterintuitive like hiring ethical hackers or penetration testers. This research looks at the effects both, the GDPR and HIPAA, have had on cybersecurity practices and policies of organizations. This paper aims to analyze the effects of both the GDPR and HIPAA, answer whether ethical hacking is justified, analyze …

Taking A Trip Into Nature’S Medicine Cabinet: A Country Comparison Of Efforts To Reschedule Psilocybin And Mdma For Therapeutic Use, Ariyah Jones

Georgia Journal of International & Comparative Law

No abstract provided.

Arbitrating Business And Human Rights Disputes In Latin America, Gloria Correa

Georgia Journal of International & Comparative Law

No abstract provided.

Fundamental Fairness Guides The Supreme Court's Criminal Justice Decisions In The 2024-2025 Term, Sharon R. Fairley

ConLawNOW

During the 2024-2025 term, the Supreme Court decided fifteen cases related to the criminal justice system. These cases were brought by criminal defendants seeking post-conviction relief and civil litigants seeking redress for governmental harms arising out of criminal processes. Remarkably, two-thirds of the cases resulted in decisions favoring defendants or civil litigants opposing the government. This Article argues that the pro-defendant outcomes from this term are consistent with a recent trend in the Court’s decisions favoring defendants in these types of cases. The pro-defendant outcomes from the 2024-2025 term generally resulted from the less conservative justices aligning with the liberal …

Behind Closed Doors, Beyond The Cell: Supporting Children Of Incarcerated Parents, Averi R. Amaro

Honors Program Theses and Research Projects

This study examines the overlooked population of children affected by parental incarceration and evaluates intervention programs designed to support them. Grounded in Labeling Theory (Becker, 1963), Self-Fulfilling Prophecy (Merton, 1948), and the Restorative Justice framework (Zehr, 2002), this study explores how stigma, expectation, and repair shape the outcomes for the youth affected by parental incarceration. Drawing from qualitative and quantitative research, it analyzes the emotional, social, and educational effects of incarceration on families, identifying protective factors such as attachment, mentoring, and community support that mitigate delinquency risks. Program evaluations of Girl Scouts Beyond Bars, Parenting Inside Out, Project Avary, and …

Beyond Loper Bright: Iterative Construction At The National Labor Relations Board, Fred B. Jacob, Anne Marie Lofaso

UC Law Journal

“[The agency’s actions] express an intuition of experience which outruns analysis and sums up many unnamed and tangled impressions—impressions which may lie beneath consciousness without losing their worth. The board was created for the purpose of using its judgment and its knowledge.”
- Justice Oliver Wendell Holmes, 1907

Trust matters. In the 1935 National Labor Relations Act, Congress entrusted the heavy responsibility of protecting labor peace to a board of experts and an administrative agency, both steeped with experience in resolving labor disputes and fluent in the science of industrial relations. This was no accident. For decades prior, federal courts …

The Forever Fight Against Forever Chemicals: Analyzing Loopholes In California’S Pfas Ban For Consumer Products, Jake B. Goldman

UC Law Journal

Per- and polyfluoroalkyl substances (PFAS) are a class of synthetic chemicals used for their unique qualities in manufacturing across numerous industries. PFAS, also known as “forever chemicals,” persist in the environment for long periods of time and cause serious health risks to consumers. Given mounting research on PFAS and their adverse health effects, the California legislature passed four laws banning the chemicals in specific consumer products.

This Note argues that three new California laws requiring manufacturers to replace PFAS with “the least toxic alternative” are inadequate because they are ambiguous. This ambiguity will invite litigation and create business challenges by …

A Comparative Analysis Of The Lack Of Contractual Protections In Female Dominated Opportunities: Collegiate Competitive Dancers And Cheerleaders Compared To Ncaa Student-Athletes And National Pageant Organization Titleholders Compared To Employees/Independent Contractors, Abigail Church

Michigan Journal of Gender & Law

The lack of contractual protections and regulations throughout female-dominated opportunities is abundantly clear in the collegiate competitive dance & cheer and the national pageant organization titleholders. Collegiate competitive dancers and cheerleaders have no standardized contractual requirements regarding their commitment to an academic institution or their engagement in NIL opportunities. Their NCAA recognized student-athlete counterparts, on the other hand, have extensive regulations and protections in place for both categories of contracts. In the pageant industry, pageant titleholders have no protection against the all-too-common procedural and substantive unconscionability of their service agreements, which can be found in confidentiality and arbitration clauses. In …

Gender And Consensus On The Courts, Kaleigh A. Ruiz

Michigan Journal of Gender & Law

During group deliberation, women tend to be the harbingers of compromise, vying for consensus on even the most contentious topics. However, women cannot succeed in this endeavor if gender bias prevents their voices from being heard. In federal courts, collaboration is essential to reaching the simple majority needed to resolve a case. While the courts already function under norms of collegiality during deliberations, the practice of writing a separate opinion to acknowledge disagreement with a majority opinion remains relatively common. In this Article, I test two competing theories as to the effects of women judges on consensus. On one hand, …

Health Care Civil Rights: Addressing The American Maternal Mortality Disparity Through Health, Law, And Policy, Victoria Pedri

Michigan Journal of Gender & Law

The United States is facing a pressing issue in maternal health, standing out as uniquely dangerous among similarly situated nations, with significant disparities in maternal mortality rates, particularly affecting Black American pregnant people. This paper, “Health Care Civil Rights: Addressing the American Maternal Mortality Disparity Through Health, Law, and Policy,” argues that by addressing the root cause of the Black Maternal Mortality Disparity (BMMD)—structural racism—and implementing rigorous, enforced standards of care, the United States can ensure safer childbirth experiences for Black pregnant people. Utilizing intersectional and anti-racist frameworks, the analysis identifies inferior medical care, particularly in diagnosing and treating preventable …

Response: Foreign Affairs Prosecutions And Cybercrime, Mailyn Fidler

Law Faculty Scholarship

A response to Professor Steven Koh's new article on how the U.S. makes global criminal justice policy. Prof. Fidler examines what a decade of cybercrime indictments reveals about America's approach to prosecuting foreign hackers. Three things stand out: * Beyond Attribution - These indictments aren't just about naming and shaming, or about the typical dimensions of criminal alw. They're sophisticated foreign policy tools that coordinate and moderate international sanctions and global norms. * Intertwined with Cooperation - The indictments alternately create space for and slow the tempo of international cooperation on this issue, according to U.S. interests. * Power Projection …

The Icj’S Advisory Opinion On Climate Change, Maria Antonia Tigre, Maxim Bönnemann, Antoine De Spiegeleir

Sabin Center for Climate Change Law

This open-access edited volume offers the first comprehensive analysis of the International Court of Justice’s 2025 Advisory Opinion on the obligations of States in respect of climate change, one of the most consequential developments in international climate law since the adoption of the Paris Agreement. Bringing together leading scholars and practitioners from across public international law, human rights law, environmental law, and global governance, the book examines how the Court reframed climate change as a matter of binding legal obligation rather than political discretion.

The contributions explore the Opinion’s articulation of state duties under treaties, customary international law, and general …

The Legal Framework For Enhanced Rock Weathering In Minnesota, Ashwin Murthy, Korey Silverman-Roati, Romany M. Webb

Sabin Center for Climate Change Law

This paper focuses on one form of carbon dioxide removal, terrestrial enhanced rock weathering, which involves spreading finely ground alkaline rocks over land. Scientists posit that the alkaline materials will bond with carbon dioxide in the air, sequestering it in mineral form, potentially for tens of thousands of years. Within the U.S., Minnesota is thought to be an ideal location for enhanced rock weathering, as it has pre-existing silicate rock reserves and quarrying infrastructure, and appropriate land. However, before enhanced rock weathering can be deployed at scale, further research is required to verify its effectiveness, co-benefits, and risks.

Currently in …

Equality In Sentencing Mitigation, John B. Meixner Jr.

Fordham Law Review

As guilty-plea rates have skyrocketed, sentencing has become an increasingly important part of criminal procedure. With judges often wielding significant discretion at sentencing, a key question is how judges interpret mitigation: evidence about the defendant’s background or the case that supports a reduced sentence. Past empirical research—both experimental and in real-world cases—indicates that mitigation plays an important role in determining sentences. But does mitigation help everyone, or does it reinforce inequalities that frequently infect other areas of criminal procedure? Do low-income Black defendants with appointed counsel benefit from sentencing mitigation as much as wealthier White defendants with private attorneys? Do …

Reclaiming Bodily Autonomy Through Gullah Geechee Natural Healing, Tamaray Yvonne White

Electronic Theses and Dissertations

In today’s sociopolitical climate, restrictive reproductive laws continue to disproportionately target Black women, reinforcing historic patterns of racialized and gendered oppression. This thesis argues that Black women will recommence their usage of traditional herbal healing as both a survival strategy and an act of reclaiming bodily autonomy in defiance of hostile legal, financial, and medical systems. The Gullah Geechee community serves as a blueprint for this transition, offering cultural continuity, intergenerational knowledge, and a model for community-based healthcare and resistance. By tracing the historical necessity of herbal medicine among Gullah Geechee women, this study situates ancestral natural healing within contemporary …

The Quest For Budget Armor: Public Expenditures, Positive Rights, And Separation Of Powers In Washington's State Constitution, Kristen L. Fraser

Washington Law Review

In 2012, Washington’s landmark McCleary decision confirmed and expanded previous interpretations of the state constitution’s “paramount duty” clause, affirming a vital positive right to education and a judicial willingness to enforce it against the other branches. Notwithstanding a tense six-year period of judicial supervision after the ruling, ultimately the state legislature enacted broad education funding reforms and the appropriations and revenues to implement the additional resources for schools. Given competition among stakeholders for public funding for state programs, in the post-McCleary period, other litigants have asked courts to find similar positive constitutional rights to state services and funding. So …