Digital Commons Network^™

The Cruelty Is The Point: How The Extreme Psychological Effects And Punitive Ineffectiveness Of Solitary Confinement Culminate In An Unconstitutionally Disproportionate Punishment, Zachary Bosak

Journal of Civil Rights and Economic Development

(Excerpt)

This Note will propose that solitary confinement can be wholly abolished under the Eighth Amendment to the Constitution. This Amendment provides in full that “[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” When taken in a broad, isolated sense, the meaning of and purpose behind this Amendment are straightforward and uncontroversial; the founders meant to protect Americans from “methods of punishment” considered unreasonably severe and inhumane. However, when one attempts to place this Amendment within the context of a legal issue, its clarity erodes, and questions arise as to its applicability. …

A.A. V. J.M.: The Virginia Court Of Appeals Excludes A Whole Class Of Prospective Adoptive Parents, Paul A. Dryer

Liberty University Law Review

A set of “bad facts” ultimately led to undesirable legal precedent and unintended consequences with respect to the “power to render” adoptions in Virginia. In 2019, Baby Doe was left orphaned in Afghanistan after her parents were killed as a result of military operations in the country. After Baby Doe was taken to the U.S. Bagram Air Force Base for treatment, Joshua Mast (J.M.)—a member of the Marine Corps Judge Advocate—attempted to obtain custody of Baby Doe out of fear for the adequacy of medical care if she were to remain in Afghanistan. J.M. and his wife petitioned the Fluvanna …

Perceptions Of Legitimacy In Three Forms Of Probation Supervision For People With Serious Mental Illness, Sophia Sarantakos, Emily Claypool

Qualitative Criminology (QC)

"In the context of criminal-legal community supervision, standard and specialized probation officers are often tasked with coordinating services for adults diagnosed with serious mental illness (SMI) on their caseloads. The coordination of services varies across different programs including traditional probation, specialty probation, and mental health court. Given the proliferation of programs focused on mental health in the criminal-legal system, the perspectives of front-line workers or street-level bureaucrats in criminal-legal agencies are a rich source of information about what is happening on the ground and could provide insights into the potential translational barriers of policy to practice. A deeper examination of …

From Acrimony To Forgiveness: How Adolescents Make Sense Of Childhood Maltreatment, Katherine Irwin

Qualitative Criminology (QC)

"This paper examines 16 adolescents’ narratives about the abuse they experienced during childhood. To date, most research examining child abuse (CA) survivorship and recovery has been conducted with adults who look back on their early experiences. Consequently, this study fills gaps in our knowledge by offering a youth-centered view of survivors’ efforts to cope with CA. The data come from a 12-year qualitative study of a group counseling program for high school students in Hawaiʻi. The findings revealed that a minority (n = 2) of the teens had negative views of their lives and futures, while the majority (n = …

A Qualitative Analysis Of Gender Inequality In Southeast Missouri Law Enforcement Agencies, Madeline Marie Whistler, Christopher Bradley, H. Hamner Hill

Qualitative Criminology (QC)

"Does gender inequality impact the careers of female law enforcement officers in the Southeast Missouri region? Using a qualitative single instrumental case study, seven cis-gendered female law enforcement officers who were employed at local law enforcement agencies within the Southeast Missouri region were interviewed to investigate the central research question. Four themes emerged from the data that illustrated their experiences: sexual exploitation and harassment, a lack of work-life balance, the presence of gender stereotypes, and patriarchal hierarchy and male dominance in the workplace. The findings suggest that the experiences of female law enforcement officers are heavily impacted by the behavior …

A Plea For Open Access To Qualitative Criminology: With A Python Script For Anonymizing Data And Illustrative Analysis Of Error Rates, Scott Jaques, Andrew Wheeler

Qualitative Criminology (QC)

"Qualitative researchers are expected, sometimes required, to publish their data open access (OA). This is for the sake of science, impact, and social justice. Yet, understandably, qualitative criminologists are worried about what this means for their workload and their ability to protect subjects’ confidentiality. To be solutions-oriented, we developed an open-source Python script for anonymizing qualitative data. It uses named-entity recognition and fuzzy-rule based merging to identify and replace personally identifiable information (PII) with unique pseudonyms. This tool doesn’t eliminate the need for manual work, but it reduces the cost and associated risk. In this article, we describe and explain …

How Disability Inclusion Shapes Student Experiences In Egyptian Public Universities, Ramez Maher

Theses and Dissertations

The inclusion of students with disabilities in higher education is a critical aspect of equity, social justice, and human rights, particularly in Egypt, where systemic barriers continue to hinder access to education for this demographic. Despite the enrollment of approximately 19.4 million students in 2018, only 38,135 students with disabilities were admitted, highlighting the significant challenges they face in accessing higher education.   Through a qualitative approach employing reflexive thematic analysis, this study explores the interplay of institutional policies, cultural attitudes, and accessibility challenges that affect the educational experiences of students with disabilities in Egyptian public universities. The analysis of 21 …

Correcting A Carry-On Conundrum: A Proposal To Expand The Dot’S Ability To Regulate Unfair And Deceptive Practices In The Airline Industry, Antonio Linek

Et Cetera

This Note examines the Department of Transportation’s attempt to regulate airline ancillary fees through 89 F.R. 34620. The Rule required airlines to disclose certain ancillary fees in an obvious manner, early on in the booking process. Airlines for America challenged the Rule in the Fifth Circuit in Airlines for Am. v. Dep’t of Transp. The court held that 49 U.S.C. § 41712 allows the DOT to prohibit unfair and deceptive practices, but not to impose prescriptive rules. This holding conflicts with older Seventh Circuit authority approving similar agency action, creating a circuit split. This Note argues that the Fifth …

A Lawyer’S Responsibility To The Rule Of Law, Joseph Mead

Et Cetera

The American legal system faces a growing crisis as the gap between vested rights and judicial remedies expands. Attacks on the legal profession deter lawyers from taking on lawsuits challenging the federal government, potentially expanding the gap between right and remedy. This essay describes how the legal profession has responded to this moment and urges attorneys to renew their commitment to the rule of law.

The Disproportionate Impact Of Legal Deserts: A Policy Proposal To Address The Legal Needs Of Rural Nevadans, Madelyn Wold

Undergraduate Theses, Capstones, and Recitals

Despite the large number of attorneys in the United States, the disproportionate concentration of attorneys in urban areas leaves rural residents to navigate the complex legal system on their own. This uneven distribution creates ‘legal deserts’, or areas where residents lack access to attorneys. The Southwestern United States has especially dire legal deserts, and Nevada is no exception. While defendants in criminal matters are guaranteed legal representation, parties in civil legal issues are not granted the same right to representation. Civil legal issues largely impact vulnerable populations and can have profound impacts on individuals’ family, economic circumstances, and physical wellbeing. …

Escaping Quarantine: Marine Hospitals, The Constitution Act, 1867 And Canada’S First Federal Health Care Program, Dan Dwyre

Dalhousie Journal of Legal Studies

Previous scholarship has argued that the enumeration of marine hospitals as a federal head of power in the Constitution Act, 1867 reflected a national concern over immigration and quarantine. This article disputes that. Using primary sources, this paper demonstrates that Canadian marine hospitals were established in port communities to provide for the general health of itinerant merchant sailors, who would otherwise be a burden on local hospitals and charitable organizations. The article concludes that marine hospitals can be viewed in retrospect as one of Canada’s first federal health care programs.

One Step Further: An Overview Of Canada’S Past And Present Responses To Homelessness And The Argument For Alternative Conceptions Of Property Ownership, Logan Billard

Dalhousie Journal of Legal Studies

Homelessness in Canada continues to worsen year after year. Despite the shift from punitive, neoliberal policies to a human rights-based model, homelessness remains a national crisis. Federal initiatives like the National Housing Strategy Act and the Housing First Model aim to provide stable housing, but their impact remains limited. This paper explores the structural factors contributing to homelessness, including poverty, housing financialization, and systemic discrimination, particularly against Indigenous communities. It also highlights the limitations of the current human rights-based approach, focussing on the lack of enforceability and failure to create substantial, sustainable change due to systemic reliance on the financialization …

The Weight Of Discretion: Examining Perceptions, Decision-Making, And Overrepresentation In Canada's Youth Criminal Justice System, Adrienne Graham

Dalhousie Journal of Legal Studies

The Youth Criminal Justice Act (YCJA) has changed the way that youth encounter Canada’s criminal justice system. While the reintegration and rehabilitation goals of the YCJA have decreased overall youth custody rates, Black and Indigenous youth continue to be treated differently than other youth. This paper examines the overrepresentation of Black and Indigenous youth in the criminal justice system, the impact of poverty on police oversurveillance, various policing practices, and the role of extrajudicial measures. Through discussing youth perceptions on police legitimacy alongside police perceptions of youth, this paper will demonstrate that in order to further the principles …

Explaining Compassionate Release: A Machine Learning Study Of Sentencing Modifications & Judicial Decision Making, Max Alderman, Arash Barfar, Dana Edberg

Loyola of Los Angeles Law Review

In 2018, Congress passed the First Step Act, amending 18 U.S.C. § 3582(c)(1)(A) to permit federally incarcerated individuals to directly petition district courts for early release. In the wake of the COVID-19 pandemic, thousands of individuals did so, citing staggering prison death rates and asserting that further incarceration unjustly imperiled their health. Largely unprepared for the deluge, district courts granted 25.7 percent of those petitions. Without precedent to guide them, their decisions were and remain highly discretionary, based on dozens of interrelated variables and legal factors. Those decisions are also largely insulated from appellate review.

The FSA’s amendments and the …

International Law Situations: Humanitarian Corridors, Raul (Pete) Pedrozo

International Law Studies

This Situation examines the use of humanitarian corridors during an international armed conflict. While humanitarian corridors are not defined in international law, they have been used both on land and at sea to evacuate non-combatants, allow for the provision of humanitarian relief supplies, and provide for the safe passage of neutral shipping in areas of ongoing conflict.

The Case For The Exclusion Of Exclusion: Intellectual Property, Masculine Legal Reason, And The Ethics Of Care, Ragya Shoukry

Theses and Dissertations

This thesis argues that current legal ideals of objectivity and neutrality are historically gendered and inseparable from the development of capitalist property relations and imperial expansion. It traces origins that begin with early modern witch hunts and Francis Bacon’s empiricism, where a new “scientific rationality” emerges alongside intensified patriarchal violence. The thesis then examines John Locke’s labour-based justification of property and the figure of the rational individual, showing how this framework legitimizes enclosure, dispossession and colonial appropriation under the guise of improvement and development. Building on this foundation, the analysis turns to moral psychology and how its allegedly universal stage …

Show Your Rules: Ab 587 And The Future Of Content Moderation Disclosure Laws, Roz Kohan

Loyola of Los Angeles Law Review

Social media platforms play an integral role in social and political life. They control a large proportion of public speech through their own rules, curation, and freedom to amplify or suppress content as they see fit. California’s AB 587 requires social media platforms to disclose these content moderation policies.

The Ninth Circuit in X Corp. v. Bonta recently invalidated AB 587’s Content Category Report provisions because it compelled commercial speech. This Note explains why this ruling is inaccurate. The Ninth Circuit misapplied Moody v. NetChoice, the key Supreme Court precedent that recognized platforms’ First Amendment protections around their editorial …

A Model For Food Safety Regulation And Effective Enforcement: A California Case Study, Ninveh Mansour

Loyola of Los Angeles Law Review

This Note examines California’s emerging leadership in food additive regulation amid perceived federal shortcomings, particularly within the FDA’s “generally recognized as safe” (“GRAS”) framework. Using recent legislation, the California Food Safety Act (“CFSA”) and the California School Food Safety Act (“CSFSA”), as case studies, this Note explores how California has acted to ban additives still permitted under federal law, citing gaps in federal oversight and consumer protection. This Note places these laws in the broader context of California’s regulatory legacy, including Proposition 65 and the artificial trans-fat ban. It also compares enforcement mechanisms, highlighting the effectiveness of Proposition 65’s private …

Shaping Egypt’S Transition To Sustainable Electric Transport: Current Policies And Future Directions, Noha A. Ragab

Theses and Dissertations

Egypt has enacted policies to promote the adoption of electric vehicles (EVs) in order to reduce their overall carbon footprint. However, the pace of transition remains limited, so the research aims to answer the following question: “How do current policies shape Egypt’s transition towards sustainable electric transport, and what additional measures can support this transition?" The study employs a qualitative analysis methodology, based on diffusion of innovation theory and conceptual framework, to analyze current policies in Egypt and identify challenges and gaps in their implementation. It also analyzes responses from 23 interviews with experts in the field, manufacturers, dealers, EV …

The Paradox Of Palestinian Exile: Unrwa, Structural Limbo, And The Manufactured Crisis Of The Right To Return, Laila Ibrahim Hassan Elkassas

Theses and Dissertations

This thesis argues that the temporariness of Palestinian exile has been turned into a manufactured limbo that is sustained by international law, humanitarian governance and host- country regimes. It uses General Assembly Resolution 194 and the broader human rights regime to show how the right to return is constantly reaffirmed but structurally postponed, resulting in a gap between legal promise and political reality. Drawing on Edward Said’s notion of exile as an unhealable rift, Pierre Bourdieu’s concept of habitus and Didier Fassin’s thinking on humanitarian reason, the thesis constructs a multi-scalar framework that conceptualizes limbo as existential experience, embodied practice …

Evolving Roles And Realities In Canadian Academic Law Libraries, Yemisi Dina, Sharon Wang, Sooin Kim, Alexia Loumankis

Librarian Publications & Presentations

Canadian academic law libraries are undergoing profound transformation, shaped by shifting university funding models, restructured institutional reporting lines, and the accelerating move toward digital legal information. This plenary session will explore how law libraries across Canada are responding to these pressures while continuing to support legal education, research, and access to justice.

Health And Development: On The Margins Of The Symposium “Health And Socio-Economic Development In Morocco”, Mohammed Azzeddine Mekouar

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article discusses the relationship between health and socio-economic development in Morocco in light of a national symposium on the subject. It reviews the conceptual ambiguities surrounding health policy, the crisis of the Moroccan healthcare system, and the need to link health reform to a broader strategy of socio-economic development, with particular attention to primary healthcare.

A Fission Decision: The Case For Extending Diablo Canyon’S Nuclear Operation, Isabelle Tyler

San Diego Journal of Climate & Energy Law

This Article examines the regulatory decisions and policy debates surrounding Diablo Canyon in the wake of recent legislation aimed at extending the plant’s operational timeline. Presenting a balanced analysis of the arguments both for and against the closure, this Article explores how the new bill reshapes the conversation around the plant’s future. While proponents of the shutdown emphasize safety concerns and the goal of an all-renewable grid, this Article argues that closing Diablo Canyon would hinder California’s decarbonization efforts and jeopardize energy reliability amid increasing power shortages and extreme weather events. By analyzing legal precedents, energy data, and environmental impacts, …

A Systematic Review Of Restorative Justice In Criminal Contexts, Sigifredo Castell Britton

Journal of Social, Behavioral, and Health Sciences

Restorative justice has gained growing attention within criminal justice reform as a practical alternative to approaches centered only on punishment. It emphasizes accountability, dialogue, and community reintegration, offering a different way to understand how change in behavior takes place. This systematic review examined quantitative evidence from 34 studies, selected from an initial pool of 112 records identified through databases such as Google Scholar, ProQuest, JSTOR, and institutional repositories. The studies assessed a range of interventions, including victim-offender mediation, diversion programs, community conferencing, and in-prison initiatives, which allowed comparison across different settings and populations. Across these studies, 79.4% reported statistically significant …

Navigating The Legal Waters Of Privatized Commodities And Human Rights: An Exploration Of The Tension Between Water As A Human Right And Water As Investment Property Under International Law, Ella Capen

Brooklyn Journal of International Law

This Note examines the clash between domestic law and international law within the context of Chile’s 2022 modification to the 1981 Water Code as the country transitions from treating water as a privatized commodity to water as a public good. Chile’s 1981 Water Code emerged against the backdrop of a neoliberal economic regime and privatization scheme enabled by the United States and enforced by dictator Augusto Pinochet. This Note reveals the potential difficulties in unraveling established economic and legal foundations, and the conflicts between bilateral investment treaties and local legislation that mutually govern property rights. By examining Chile’s domestic Law …

Necessary Biosafety Precautions For Patented Gmos: Ramifications Of Inconsistent Parties Between The Cartagena Protocol And Trips Agreement, Lauren Clements

Brooklyn Journal of International Law

Genetically Modified Organisms (“GMOs”) compose a class of potentially patentable biotechnology that are prominent in international markets. Developed countries like the United States, function as leading producers of these patented GMOs and therefore play a significant role in their development and transnational export. Minimum protections for these forms of biotechnology are outlined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”), which permits the patenting of GMOs that ultimately enter the stream of international commerce. Notwithstanding the potential risks GMOs present to the environment, public health, and the economy, the TRIPS Agreement fails to address any form …

Home Is Not Always Where The Heart Is: Examining The Inadequacy Of Legal Measures In The Deportation Of American Intercountry Adoptees, Katie X. Kaessinger, Esq.

San Diego International Law Journal

Despite entering the United States legally as children through intercountry adoption, thousands of American adoptees face deportation as adults because their parents failed to finalize their citizenship. Many of these adoptees have no meaningful linguistic, cultural, or familiar ties to their birth countries, and most have lived in the United States practically their entire lives. This Article explores the legal implications regarding the deportation of intercountry adoptees. More specifically, this Article argues that the deportation of intercountry adoptees reflects a grave systemic failure that violates international human rights law, rather than a mere shortcoming of domestic immigration policy.

Consulting various …

Film, Television, And Artificial Intelligence: Ensuring The Role Of Screenwriters In Anticipation Of Generative Artificial Intelligence’S Increasing Capabilities, Rachel Johnson

San Diego International Law Journal

Artificial Intelligence (AI) currently is one of most critical topics discussed across industries. AI technology, such as Generative Artificial Intelligence (GAI), looms over people employed in creative fields who view it as a threat to their livelihoods. Legislative and judicial law must grapple with the complex legal issues GAI poses. In the entertainment realm, employees in professions such as Hollywood’s film industry have found ways to secure their present and near future against AI-encroachment.

In 2023, the Writers Guild of America (WGA), a labor union covering the screenwriters of television and film, coordinated the second longest labor strike in Hollywood’s …

Invisible Nations: Self-Determination As A Legal Shield For The World’S Last Isolated Peoples, Paige Schacher

San Diego International Law Journal

This Comment examines the legal and ethical considerations of self-determination as applied to the world’s last uncontacted tribes—indigenous communities that live isolated from mainstream society. While the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) established a foundational framework for uncontacted tribes’ right to self-determination, its implementation in practice faces jurisdictional, ethical, and legal issues. By examining international and domestic legal instruments, case studies from India and Brazil, and the evolving role of artificial intelligence in indigenous land monitoring, this Comment argues that domestic and international bodies must collaborate to enforce more tailored protections to guard the autonomy …

Land Forward: Planning For Legal Reforms To Facilitate Land Back And Community-Driven Relocation In Response To Climate Change, E. Barrett Ristroph

San Diego Journal of Climate & Energy Law

Indigenous and other place-based communities face the loss of their homes due to climate change. The practices that have led to the current climate crisis have also contributed to the historical dispossession and marginalization of these communities. United States laws and programs already provide for land transfers to federally recognized tribes, home buyouts for households in hazard-prone areas, and community development. But these laws and programs are piecemeal, reactive, and often inaccessible to the communities most in need. They do not provide a streamlined method for tribes to regain lands needed for rematriation and adaptation. Nor do they allow place-based …