Digital Commons Network^™

Extralegal Factors Influencing Judicial Perceptions Of Defendants With Mental Illness, Hailey Erdbruegger

Undergraduate Honors Theses

The United States has one of the highest prison populations in the world. This means millions of individuals are either incarcerated or under other forms of supervision by the criminal justice system at any one given time. All those millions of individuals had to move through the U.S. criminal courts and thus engage with multiple forms of courtroom participants along the way. Of those millions coming through the system, many have either been diagnosed with a mental illness, or have self-reported having a mental illness. This makes the personal beliefs, stigmas, and biases of the previously mentioned courtroom participants regarding …

A Holistic Case Study On Leaders In The Division Of Enrollment Services’ Experiences Implementing Interdepartmental Partnerships In Higher Education, Christopher A. Almond

Doctoral Dissertations and Projects

The purpose of this holistic case study was to understand the experiences of higher education leaders in the division of enrollment services at a public research university who experienced departmental realignments or mergers because of performance-based funding initiatives. The study addresses the gap in the literature on the effect of change on interpersonal relationships in higher education. The theory guiding the study is Tierney’s theory on organizational behavior among college employees. The research methodology consisted of three phases. I conducted focus groups, individual interviews, and document analyses. The setting was a large research university in an urban city. There were …

The Chilling Effects Of Dobbs, Jonathon W. Penney, Danielle Keats Citron, Alexis Shore Ingber

Articles & Book Chapters

The Supreme Court’s evisceration of the federal constitutional right to abortion has raised the specter of criminal and civil liability for abortion providers and patients. Police and prosecutors have easy access to commercial reservoirs of intimate data. As individual accounts made clear in the wake of the Dobbs v. Jackson Women’s Health Organization decision, corporate surveillance of intimate life chilled expressive activities, such as searching for information about reproductive health and using period tracking apps. Health professionals did not feel safe to speak out about the impact of new abortion laws. Harassment and threats directed at abortion clinics and at …

Investigating Exoneration Patterns Among Juveniles, Kristin Mahan

Electronic Theses and Dissertations

Exoneration from crime has been studied among adults, but exoneration of juveniles (i.e., persons under age 18) has not been analyzed as a separate entity, despite distinct legal systems and developmental considerations. Wrongful conviction, while not always indicative of innocence, devastates lives of convicted individuals and their families, while increasing public mistrust and sometimes failing to convict truly guilty individuals. This devastation, as well as vulnerability to wrongful conviction, is significantly increased for youth who miss out on crucial developmental years, milestones, and opportunities.

In the current study, I examined differing and intersecting contributors (i.e., individual characteristics, crime characteristics, legal …

The Founders’ Common Law And Bruen’S Text, History, And Tradition Test: From History ‘Lite’ To History Right, Saul Cornell

Buffalo Law Review

No abstract provided.

Breaking The Black Box: The Impact Of The 2023 Changes To The Japanese Penal Code On Rape, Lee Smith

Washington International Law Journal

In 2017, the Japanese penal code was amended to broaden protections for victims of sexual assault. However, pressure mounted for further protections after several decisions on cases involving rape shocked the nation in 2019. In 2023, the penal code was amended again including to raise the age of consent to 16 and broaden the definition of rape to include nonconsensual sexual acts. This comment examines the history of rape law in Japan, introduces challenges that victims of sexual assault face when trying to seek justice, and analyzes the first cases determined under the amended code. Finally, it looks to the …

Procedural Justice In Parallel Lawsuits, Sarah Parks

Fordham Law Review

The American public places a high value on access to justice and having the opportunity to be heard. These values can either be upheld or diminished by routine procedural rules. The first-to-file rule is an example of an innocuous procedural rule that is a barrier to justice. Under the first-to-file rule, when two parallel suits are filed in different federal district courts, the first-filed suit will proceed, and the second-filed suit will ordinarily be dismissed or transferred to the venue of the other suit. Transfers often terminate an individual’s case because most people cannot afford to litigate far from home. …

"You Gonna Be Like Mama": A Case Study Of Intergenerational Sex Trafficking, Lindsey M. Grabowska

Honors Thesis

Commercial sexual exploitation of children (CSEC) is a range of experiences inflicted upon children that involves sexual exploitation for financial benefit and results in many psychological harms on exploited youth. Familial sex trafficking is a subset of CSEC where the child is exploited by a family member through either intergenerational prostitution or exchanging sexual access to their child to others for commercial gain. This paper will review the available literature on CSEC and familial trafficking, focusing specifically on two important questions (1) What makes minors vulnerable to CSEC and sex trafficking and (2) What maintains the involvement on people in …

Why Legal Attacks On Transgender People Should Concern All Of Us, Kyle C. Velte

Vanderbilt Social Justice Reporter

No abstract provided.

Queering Carceralism, James Gacek

Vanderbilt Social Justice Reporter

This article endeavours to expand the horizons of queer carceral studies, recognizing it is an apt frame of reference for reconsidering empirical research and advocacy which welcomes queerness as a central and fundamental analytic lens to interrogate carceral capitalist logics. As I have argued elsewhere, we find ourselves in quite the carceral age. Despite the fact queer, trans, and gender nonconforming people continue to be disproportionately incarcerated, if not otherwise affected by the carceral system, queer studies has paid scant attention to the prison, while critical prison studies has only somewhat engaged with queerness. Indeed, the historical illegality, costs, and …

Sometimes Is Not Enough: A Legislative Solution To The Failures Of The Federal Government In Compensating Civilians Harmed By U.S. Military Action, Olivia Mcquarrie

Utah Law Review

The United States has a large military presence abroad. With that presence has come instances of human rights abuses. This Note highlights the issues of civilian deaths and poisoning at the hands of the U.S. military, focusing specifically on the U.S.’s Middle Eastern theater of operations. It advocates for a comprehensive statutory scheme that requires uniform compensation to civilians while also requiring public disclosures to ensure government accountability. Previous research has focused on the cause of the U.S. military’s human rights violations abroad and methods of addressing physical and environmental harms separately. This Note proposes an approach that encompasses both …

The Effectiveness Of International Courts In Contributing To Rebuilding And Resolving Conflicts In Societies Post-Genocide, Garrett Connely

Theses/Capstones/Creative Projects

In the aftermath of mass atrocities, international courts have emerged as key mechanisms for delivering justice and fostering post-conflict reconciliation. Rooted in the precedent set by the Nuremberg Trials after World War II, these institutions aim to prosecute crimes that often go beyond national legal systems. However, their effectiveness remains contested, largely due to their dependence on state cooperation and the complexity of post-conflict environments. This project examines the societal impact of international courts in two significant cases – Rwanda and the former Yugoslavia. Through a comparative analysis of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal …

Clark Memorandum: Spring 2025, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Primary and Professional Identity
• Never Only Two Sides
• In Defense of Zion and Her People
• The Pursuit of Happiness

Teaching The Arc Of Electric Spark: Igniting Curiosity, Creativity, And Innovation Throughout The Law School Curriculum, Jason G. Dykstra

Northern Illinois University Law Review

A heighted velocity of change enveloped the legal profession over the last three decades. From big law to rural practitioners, the traditional law firm model of billing time by the hour proved ripe for disruption. Technological advances automated many once-billable activities; enhanced client sophistication and cost-consciousness restricted law firm revenue by imposing billing guidelines and alternative fee arrangements; clients increasingly retain legal work in-house; and global competition allowed legal services to be disaggregated and outsourced to the lowest cost provider. The net effect of this disruption is reflected in the revenue of the legal services sector, which adjusted for inflation, …

Public Opinion And Judicial Decision-Making: A Relationship Explored Through Interviews With Local, State And Federal Judges Within Mobile County, Alabama, Bella Gin

Honors Theses

Civilians and legal scholars alike often speculate how judges rule and what contributes to their decision-making. Acknowledging this conundrum and combining it with my own interests in the legal field, I attempt to explore how some judges located within Mobile County perceive public opinion and what factors direct their rulings over their respective case dockets. Through seven, semi-structured interviews, I ask each judge a series of questions regarding their backgrounds, decision-making methodologies, thoughts on public opinion relevancy, and application of their approaches to their judgeships. Analysis of the interviewees’ responses reveals data that suggests the judges have a somewhat ambivalent …

The 100-Year Life And The New Family Law, Naomi Cahn, Clare Huntington, Elizabeth S. Scott

Faculty Scholarship

This chapter reflects on the future of family law in an era of longer lives. Our analysis leads us to conclude that the 100-year life is indeed likely to have an impact on the nature, scope, and definition of family law, but that families will continue to function as the primary setting for intimacy and for caregiving and caretaking, whatever form those families take. Further, the importance to both individual and social welfare of family support throughout life points to a need for reform of current family law doctrine. The impact of longer life on doctrines regulating the relationship of …

Addiction In The Prison System: Recidivism And Alternatives, Daniel R. Bowers

Undergraduate Honors Theses

The United States criminal justice system has the highest number of incarcerated individuals in the world, with nearly 2 million people currently being behind bars, and around 7.5 million arrests per year according to the most recent available statistics. A key factor in this is addiction, specifically substance use disorders. Between 58% to 68% of adults arrested are addicted to one or more substances, with 68% of drug involved individuals being rearrested within three years of being released. This recidivism rate is incredibly high, and when combined with current prison and jail overcrowding, has created massive problems for the United …

How Criminal Offenders Offend Society’S Equality Expectations, T. Markus Funk

SMU Law Review Forum

The public’s concern over safety and rising crime rates dominated opinion polls and played a significant role in the 2024 presidential election. This article argues that, although much has been written on the offender’s state of mind and the concrete harms offenders impose, what is missing is a more victim-centric understanding of the full scope of crime’s consequences.

Criminal offenders’ selfish, self-directed conduct subjugates the victims’ legally protected interests and conveys that they do not consider their victims’ rights sufficiently important or deserving of conduct-guiding respect. Offenders, in short, differentiate themselves from the social group by adopting the harmful mindset …

Disagreeing With Yourself: Horizontal Stare Decisis In State Intermediate Appellate Courts, Steve Leben

Faculty Works

Some statewide intermediate appellate courts, like those in Kansas, do not follow horizontal stare decisis one panel of the court can disagree with, but not overrule, another. This article reviews how precedential disagreements arise in the Kansas Court of Appeals, what the costs and benefits are of not following horizontal stare decisis, and how attorneys might change their advocacy approach in a state like Kansas. The article concludes that the benefits of the Kansas practice achieving better development of the law and justice in individual cases outweighs the harm of less predictability in precedent

Interpretive Rules Are The New Regulations: Agency Guidance After Loper Bright, Gwendolyn Savitz

The University of New Hampshire Law Review

The Supreme Court’s decision in Loper Bright to end formal deference under Chevron to administrative agencies’ interpretations of ambiguous statutes forces agencies into an unprecedented situation. Courts had deferred to agencies’ interpretations of binding rules since before the Administrative Procedure Act was passed. Now, for the first time, agencies are functionally unable to create new regulations with any confidence they will be upheld. This understanding is reinforced by the Court’s pivot to Skidmore deference. The Skidmore case, and Skidmore deference, only arose because the agency at issue in Skidmore had not been given the authority to create binding regulations by …

Do Bans On Conversion Therapy Impose A Governmental "Orthodoxy" About Sex And Gender?, Linda C. Mcclain

Faculty Scholarship

In Part I, this Essay evaluates how orthodoxy arguments featured in Mr. Tingley’s challenge to Washington’s ban on conversion therapy. Part II offers a preliminary analysis of Chiles v. Salazar, ⁴² which the Court will hear during its 2025-2026 Term. I illustrate how the arguments made against Washington’s law by Chiles and her amici draw from the anti-orthodoxy and marketplace of ideas rhetoric found not only in Justice Thomas’s Tingley dissent and his NIFLA opinion but also in Justice Gorsuch’s majority opinion in the 303 Creative decision.⁴³ Woven together with these speech arguments are appeals to the Court’s …

The Fda’S Role In Regulating Access To Gender-Affirming Care Medications, Ryan P. Knox

UC Law Journal

Over the last decade, many states have passed laws seeking to restrict or ban certain medications approved by the United States Food and Drug Administration (FDA). One of the most recent examples: gender-affirming care medications for transgender youth and young adults. As of January 2025, twenty-six states have passed laws banning or restricting the provision of genderaffirming care to minors. Proponents of these laws challenge the procedures and prescription drugs as “experimental,” while critics of these laws characterize both as best-practice medical care. In either case, these laws demonstrate a second-guessing of the FDA’s long-established authority in determining the safety …

A Qualitative Study Exploring Senior Leaders’ Experiences And Perceptions In Addressing Workplace Sexual Harassment In The U.S. Federal Government: A Systems Perspective, Karen Jane Dean

Electronic Theses and Dissertations

Sexual harassment (SH) is a prevalent, costly, and often unreported problem in the U.S. Federal Government. Despite decades of research from multiple perspectives and recommendations to address SH, the problem persists and remains complex. While some researchers and U.S. Government agencies have called upon leaders to commit to eliminating workplace SH, others have suggested using an integrated conflict management system (ICMS) to manage the complexity, nuances, and conflicts. Even though there is a call for leadership to address SH, there is limited documentation in the literature about leaders’ experiences and perceptions in addressing the problem. Therefore, this qualitative study was …

Airlines, Sick Time, & Interstate Commerce: The Dormant Commerce Clause And Its Impact On State And Municipal Paid Sick Leave Laws, Zachary Mcgarry

Cardozo Law Review

The United Statesis the only industrialized nation lacking a universal paid sick leave law that guarantees employees the right to time off from work to attend to their own or their family's medical needs. Nonetheless, many states and municipalities have created their own paid sickleave laws to fillin the gap left open by the federal government. Following the passage of three state referendums on paid sick leave laws in the 2024 general election, there are now eighteen states, plus the District of Columbia, which mandate that employers provide employees with paid sick leave. Although there continues to be a growing …

How Alternative Sentencing Methods Can Reduce Recidivism And Incarceration Rates For Drug Offenders In Wisconsin, Mitchell D. Fugate

Master of Public Administration Capstone Papers

The criminal justice system in the U.S. has typically been focused more on punishment in the past, but in recent times has shifted more towards implementing rehabilitative measures as a means to reduce the recidivism rate, and thus decrease the overall incarceration rates for the U.S.. An area that is especially different is drug offenses, as many of those that are arrested are addicted, and punishment does not address that addiction directly. By using alternative sentencing as a means of rehabilitation for drug offenses, the criminal justice system can work to address the issues at the root causes as well …

“Shipping” Away The Captive Audience Meeting, Nathan Kakalec

Fordham Law Review

On November 14, 2024, the National Labor Relations Board (NLRB) overturned seventy-six years of labor law precedent by banning captive audience meetings in Amazon.com Services LLC. Captive audience meetings, mandatory meetings where employers discuss unionization with their employees, were a powerful anti-union tool used by employers to coerce their employees into rejecting unionization. The NLRB argues that captive audience meetings are inconsistent with § 7 and § 8 of the National Labor Relations Act (NLRA). Employers reject the NLRB’s assertion and contend that banning captive audience meetings infringes on their First Amendment right to communicate their views on unionization. …

Clarifying Parens Patriae, James G. Dwyer

Faculty Publications

Throughout the Anglo-American legal world, the state claims an authority, termed parens patriae, to exert control over the lives of nonautonomous persons in ways it does not presume to control autonomous persons. Philosophers have given little attention to when and how that authority should be exercised, yet there is disagreement or confusion about this among courts and legal scholars. This article examines how parens patriae differs from other government roles, identifies which conceptions of the parens patriae role are coherent, and then presents a normative case for adopting a conception of the role as that of fiduciary for nonautonomous …

"Alone I Can't, But Together We Can": A Photovoice Study To Explore Insights Of Assisted Outpatient Treatment (Aot) From Providers Working With Individuals With Serious Mental Illness (Smi)., Monica G. Urquieta

Open Access Theses & Dissertations

Assisted Outpatient Treatment (AOT) is a court-ordered mental health treatment program for individuals with SMI (bipolar disorder, major depressive disorder and schizophrenia) who have a history of noncompliance with treatment and are at risk of deteriorating or causing harm to themselves or others. This dissertation examined the perceptions and experiences of thirteen providers (lawyers, judges, case managers, psychiatrists, housing navigators, treatment guardians, nurse practitioners, therapists and peer support specialists with lived experience) on the AOT program for clients with SMI; and the environments that shape these perceptions, taking into account a system and community-based approach focusing on how the unique …

A Brighter Future Lies Ahead? The Impact Of Juvenile Records On Adults' Hiring Prospects, Morgan Rose Wagner

Open Access Theses & Dissertations

Having a record can make obtaining employment difficult - while the stigma against criminal records is well established, the effects of a juvenile record on hiring outcomes is less clear. Juvenile records can often be sealed; however, when sealing is not done consistently or transparently, people with juvenile records face a difficult decision when applying for jobs - disclose a record that may be sealed, or omit information about a record that shows up on a background check? Experiment 1 used a hypothetical applicant paradigm with a sample of hiring managers to evaluate the impact of juvenile record disclosure and …

Rogue Artificial Intelligence, Science Fiction, And The Law, Macintosh, Kerry Lynn

Santa Clara High Technology Law Journal

Artificial intelligence (AI) has been labeled an existential threat. Proposals to combat this menace include industry pauses on the development of advanced AI, legislated moratoria, and creation of a new federal agency with the power to regulate and license advanced AI.

If such claims sound vaguely familiar, that is not surprising. For decades, science fiction movies and television series have featured computers, robots, and androids that disobey, rebel, malfunction, or evolve to the point where they kill human beings and/or attempt to exterminate the human species. This Article draws upon social science research to explain that such stories encourage audiences …