Digital Commons Network^™

Trans Lives: Human Dignity And Executive Power, Jack Mcroberts

Bates College Undergraduate Law Review

No abstract provided.

The Arc Of Discharging Student Loans: The Evolution Of The Brunner Standard, Nicholas G. Glover Esq

Bates College Undergraduate Law Review

No abstract provided.

How Casino Match Play Promotions Can Hook Gamblers (And Non-Gamblers), Brent Evans, Douglas Walker

UNLV Gaming Research & Review Journal

Casino operators frequently use promotional gambling vouchers, free play and match play. In the case of free play, customers are offered gambling credits that function much like real money and patrons are able to quickly turn their promotional play into cash without risking their own money. Match play, however, can only be employed at table games and their use necessitates gamblers to wager their own funds. We conduct a thorough analysis of how match play can affect gamblers’ individual behavior. First, we assess the value of match play promotions, which we argue is ambiguous. Then, using behavioral economics concepts, we …

Platforms, Privacy, And Power: Examining Predictors Of Online Intimate Information Disclosure And Expression, Alexis Shore Ingber, Danielle Keats Citron, Jonathon W. Penney

Articles & Book Chapters

When intimate privacy is violated, self- and relational development is impaired to the detriment of individuals and society. Despite these costs, there is a lack of systematic empirical and theoretical study of intimate privacy and efforts to protect it. This research helps fill this void through two complementary studies. Through a longitudinal experimental design, results from Study 1 highlight that partner trust and response-efficacy were not only positively predictive of online intimate disclosure, but also strengthened following knowledge of intimate privacy protections. In Study 2, we find individuals are more likely to engage in public-facing online sexual expression if the …

Tangible Recommendations To Execute California Assembly Bill 3099: A Proactive Approach To Combatting The Missing And Murdered Indigenous People Crisis, Hannah Marquis

Loyola of Los Angeles Law Review

Indigenous people across the United States experience disproportionately high rates of violence and relatedly high rates of murders and disappearances. This phenomenon has been coined the Missing and Murdered Indigenous Peoples Crisis (MMIP), and as a state with one of the largest Indigenous populations, California also has one of the largest MMIP caseloads. While California has recently taken action towards combatting the MMIP crisis, these have been largely “reactive” steps aimed at bolstering law enforcement responses to already occurring MMIP cases. As it stands, there is a gap in solutions that have a “proactive” focus aimed at lessening the risk …

Assessing The Relationship Between Treatment Quality, Matching And Dosage And Juvenile Justice Outcomes Among Youth With Co-Occurring Substance Abuse And Mental Health Disorders, Kevin T. Wolff, Michael T. Baglivio, Joshua A. Lang

Publications and Research

This study examined differences among youth in deep-end juvenile justice residential placement who did, and did not, present with co-occurring disorders. The prevalence of cooccurring mental health and substance use/abuse issues was found to be 19%, far lower than that of prior work. Researchers demonstrated more similarities than differences between youth with and without co-occurring disorders, both in terms of their criminal histories and the prevalence of their criminogenic needs. Additionally, the residential programs across Florida appear to provide treatment at similarly high levels of integrity, as measured by 1) matching treatment services to the highest three dynamic risk assessed …

Opening Brief For Plaintiff-Appellant Emery Barron, Steven Mitchell, Carolyn Sacco, Shaina Sikka, Madeline H. Meth

Faculty Scholarship

By the time Emery Barron sued Pennsylvania Department of Corrections officials in 2021, they had kept him caged for almost six years in solitary confinement without providing a pathway for him to reenter general population. Department of Correction policy calls for officials to review the ongoing need for solitary confinement after an initial ninety-day stint in disciplinary confinement. However, procedural carve outs allow officials to leave people like Barron in solitary indefinitely without an opportunity to be heard by a decisionmaker and without requiring officials to assert any legitimate penological interest behind the confinement.

Under this scheme, which violated both …

Rogue Artificial Intelligence, Science Fiction, And The Law, Kerry L. Macintosh

Faculty Publications

No abstract provided.

Halt Under Threat Why Legislators Must Demand Compliance Before Change A Playbook For Action, Vanda Seward

Capstones

This playbook examines the implementation of New York State’s Humane Alternatives to Long-Term Solitary Confinement (HALT) Act and presents evidence demonstrating that the law has not been fully or consistently enforced by the New York State Department of Corrections and Community Supervision (NYSDOCCS). Drawing on findings from the New York State Inspector General, the Correctional Association of New York, the Justice Center, court rulings, and community testimony, the analysis documents persistent violations, including excessive and illegal use of solitary confinement, inadequate documentation, failures to protect vulnerable populations, and insufficient accountability for staff misconduct. The playbook critically evaluates the recommendations of …

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.

Challenging Batson: Interest Convergence And Permanence Of Racism In Jury Selection, Addrain Conyers, Amanda Bergold, Antoinette Critelli

The Scholar: St. Mary's Law Review on Race and Social Justice

A Batson challenge is an objection to the use of peremptory challenges to dismiss potential jurors based on their race; however, Batson challenges are rarely successful. In this paper, we apply Critical Race Theory (CRT) as a framework to analyze the Batson Challenge. More specifically, we argue that the Batson challenge is a practice grounded in interest convergence that underscores the permanence of racism in the judicial system. We explore three interests of Batson: (1) the protection of the Sixth Amendment right to a fair trial; (2) the protection of the Fourteenth Amendment; and (3) the promotion of public trust …

Modern Technology Addiction: Developer Duty Of Care, Jonah Hampton

Honors College Theses

Technology addiction includes any frequent use of technology which interferes in the user’s life. The subject continues growth as an epidemic and research field, yet prior literature does not often analyze the role of technology developers. This study performs a literature and legal synthesis to evaluate user and company responsibility, implications of responsibility, and promising solutions. Post 2020 literature was selected for coverage on context, addictive features, effects, solutions, or perspectives on law. Legal examples from different addiction industries were also selected for analysis to understand previous precedents. The study found a pattern of addictive traits, persuasive design, and recurring …

The Moral Crisis Of Maternal Mortality In The Us, Jensen F. Ware

Honors Theses

This thesis argues that the US crisis of maternal mortality is not an unavoidable tragedy, but a moral and policy failure. I argue that maternal well‑being is one of the most important indicators of a society’s overall health. When mothers receive the care, respect, and support they need, it reflects the strength of healthcare systems, the culture, and our commitment to future generations. The continued loss of mothers from preventable deaths reveals a system that fails many women and their families, especially Black women, low‑income women, and those in rural communities. First, I introduce the issue of maternal mortality in …

How “Cooling Off” Periods Endanger The Vulnerable: A 50-State Study Of Mandatory Separation Periods In No-Fault Divorce, Melody Mostow

Northwestern Journal of Law & Social Policy

Mandatory separation periods in no-fault divorce neither advance their stated policy goals nor comport with contemporary understandings of marital dynamics, domestic abuse, or child welfare. Although mandatory separation periods are held out as tools to promote reconciliation and deter impulsive divorces, such rationales lack empirical support. Because family law in the United States is determined at the state level, this Article examines state laws that require couples to live apart in varying restrictive capacities before obtaining a no-fault divorce. To that end, this Article presents the first comprehensive 50-state study of such requirements. Research demonstrates that these laws do not …

Bridging The Rural Justice Gap: A Scalable Solution Rooted In Clinical Legal Education, Michelle Paxton

Northwestern Journal of Law & Social Policy

The rural justice gap significantly impacts child welfare legal representation, exacerbating the challenges families face when navigating juvenile courts in rural America. Attorneys in these communities frequently encounter geographic isolation, limited access to specialized training, professional burnout, and inadequate resources, all of which hinder effective advocacy for vulnerable children and families.

This article argues that clinical legal education, when paired with structured post-graduate training and multidisciplinary consultation, offers a replicable model for addressing the rural attorney shortages in juvenile court advocacy. The Nebraska Children’s Justice and Legal Advocacy Center (NCJC) illustrates how this model can be designed and scaled to …

Reading Between The Lines: The Influence Of Financial News On Investor Decision-Making, Kalia Noble

Honors College Theses

This thesis investigates how financial media narratives shape investor sentiment and short-term market behavior. Drawing on behavioral finance and narrative economics, it examines whether the framing and tone of market news correlate with intraday volatility in the S&P 500 and Dow Jones Industrial Average. By pairing quantitative price data with contemporaneous headlines from major outlets such as Bloomberg, Yahoo! Finance, and CNBC, the study shows that emotionally charged or speculative narratives are closely associated with sharp market swings, even when fundamentals remain unchanged. These findings highlight the influence of media framing on investor decision-making and underscore the importance of financial …

Language Of The Law: Understanding The Impact Of Code-Switching Within Legal Fields Through Legal Blog Analyses, Kira A. Johnson

Honors Program Theses and Research Projects

Code-Switching is a linguistic phenomenon that can occur between different languages, cultures, or dialects. This study focuses on code-switching within the legal field, specifically through an analysis of legal blog websites. Through searching the terms, “code-switching” and “foreign language”, this study will compare legal blog websites in their coverage of the phenomenon. The various websites’ definitions of code-switching, how the topic is written with context, and what implications are suggested in the writing will be considered when crafting a comparative analysis. Individuals who communicate using different languages or dialects depending on situations and interactions are important to understand within the …

The Assimmigration Matrix: Dismantling Families And Assimilating The Children Left Behind, Jamie C. Cooper

Seton Hall Law Review

No abstract provided.

The Second-Happiest Place On Earth: Visiting Infinite Arbitration And Moses H. Cone Through The Lens Of Piccolo V. Disney, Benjamin Cooper

Seton Hall Law Review

No abstract provided.

Military Ai And The Specter Of The Limitless War, Yuval Shany, Yahli Shereshevsky

International Law Studies

Legal and extra-legal factors related to the development of international humanitarian law (IHL) support the exercise of strategic restraint during armed conflicts. We claim, however, that technological developments in the area of military artificial intelligence (AI) fundamentally do away with many of the technological constraints that limited the capacity of militaries to fully utilize the “license to kill” afforded to them by IHL. Such a violence-enhancing effect can become even more dramatic in cases where other restraining factors are less effective. The upshot of our analysis is that the implicit assumption that IHL would be applied in a context of …

Talkin' 'Bout My Genderation: The Effect Of Gender Bias On Arbitral Representation, Amy E. Allen

Washington Journal of Social & Environmental Justice

Gender bias is rampant in all industries, and the world of arbitration is no exception. For decades, members of the field of arbitration have debated the suitability of women as arbitrators. This led to a broader discussion regarding different styles of arbitration, how or if these styles are related to the gender of the arbitrator, and whether one arbitration style is more effective than others. This paper begins with a brief assessment of the history of arbitration, as well as a more focused overview of the history of women in arbitration. Next, the paper questions the reasons for gender disparity …

De Facto Death Sentences For Misdemeanor Offenses: A Right To Medication For Opioid Use Disorder Induction Under The Washington Law Against Discrimination, Alena R. Sharp

Washington Journal of Social & Environmental Justice

The opioid crisis remains one of the deadliest public health emergencies in the United States, disproportionately impacting marginalized communities, including people in the criminal legal system. Medication for opioid use disorder is the recognized standard of care for treating opioid use disorder. Despite the fact that medications have also been shown to reduce overdose deaths and relapse rates, many prisons and jails continue to impose blanket prohibitions on medications for opioid use disorder for nonpregnant individuals, placing them at an elevated risk for acute withdrawal, suicide, and fatal overdose.

This comment examines the systemic barriers to access medication for opioid …

Greenhat’S Greenlight To The Cftc: The Case For A Jurisdictional Shift Of Financial Transmission Rights From The Federal Energy Regulatory Commission To The Commodity Futures Trading Commission, Timothy K. Shaw Ii

DePaul Business & Commercial Law Journal

Regional Transmission Organizations and Independent System Operators are a relatively new platform to buy and sell wholesale electricity and transmission service of that electricity. These groundbreaking organizations have been around since 1996 after the Federal Energy Regulatory Commission (“FERC”) issued Order 888. FERC regulates the physical electricity wholesale sale and transmission service market managed by a Regional Transmission Organization (“RTO”) or Independent System Operator (“ISO”),through its Federal Power Act mandate. Many RTOs and ISOs offer a product called a Financial Transmission Right (“FTR”). Traditionally, FTRs assist the holder by providing price certainty, or a hedge, in the capacity market. This …

Choosing The Best Entity For Investments Trading After Understanding The Tax Limitations And Restrictions, Ray A. Knight, Joseph Lakatos

DePaul Business & Commercial Law Journal

The trading of various securities is subject to market rules. However, when securities trading is completed within a business entity, the entity is subject to tax limitations and restrictions. The tax benefits cannot be the dominant purpose for the entity structure; economic substance including profit motive and business purpose for each transaction must be able to be shown.

The trading of investment securities must be housed in the right entity to gain the best economic results as well as to minimize the tax burden. The entity selection process must first consider the characteristics and nature of the securities (e.g., currencies, …

Volume 23 - Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Demystifying The Plea Process: Investigating Attorney Communications And Client Misconceptions, M. M. Wilford, R. J. Difava, K. S. Henderson

Criminology and Criminal Justice Faculty Publications and Presentations

Objective: to study issues related to the lawyer and client interaction regarding building a legal position on the case and the plea process.Methods: the article uses the universal dialectical method of cognition, as well as general (analysis, synthesis, induction, deduction) and specific scientific research methods (formal-legal method).Results: As the United States has shifted to “a system of pleas,” the role of defense attorneys has swung from trial litigator to plea negotiator. The study results indicated that defense attorneys spend a significant amount of time meeting with clients. Attorneys also cited substantial deficits in criminal defendants’ knowledge of the legal system, …

School And District Leaders’ Understanding Of Technology Organizations’ Cyber Business Practices, Jayejaye Johnson

Journal of Educational Research and Practice

Educational technology (EdTech) interoperability throughout cyberspace provides the financial opportunity to collect and sell student privacy information in digital learning environments, challenging school leaders to govern schools and keep children safe. School leaders provide the resources, funding, planning, decision making, and administration for EdTech cybersecurity practices and policies, yet little is known about what public school leaders understand. A quantitative study was designed using primary data collected from an online survey. Four research questions guided this study: What are the differences in cybersecurity practices and policy response scores (1) between male and female school leaders; (2) among leaders with different …

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 …

Law Enforcement Officer Perceptions In The Current Socio-Political And Cultural Environment: How Psychological Stress Impacts Overall Job Satisfaction, Mitzie L. Forrest

Doctoral Dissertations and Projects

The purpose of this qualitative study was to explore police officer perceptions of job stress and satisfaction within the occupational environment at a mid-sized police agency in the Southern United States in the five years immediately following the George Floyd incident. Using Grounded Theory (GT), six major socio-political and cultural factors were investigated to determine the effects on police officer wellbeing and overall job satisfaction. The factors explored were defund the police, Black Lives Matter, social unrest, media impact, cancel culture, and woke culture. The data collection process involved the triangulation of data obtained through an agency-wide anonymous survey to …

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 …