Digital Commons Network^™

What Does Npep Mean To Us?, Northwestern Prison Education Program

JCLC Online

The Northwestern Prison Education Program (NPEP) provides currently incarcerated individuals across Illinois an undergraduate education from Northwestern University. At Stateville and Logan Correctional Centers, admitted NPEP students work toward a Bachelor of Science degree, taking a full course load taught by Northwestern professors within the prisons’ walls. On November 14, 2023, the inaugural cohort of NPEP students at Stateville graduated from the program, making history as the first incarcerated students in the United States to earn a bachelor’s degree from a top ten university as ranked by U.S. News and World Report. This piece is a collection of personal reflections …

For Official Violence, The Devil's In The Dehumanizing Details, Rachel Kincaid

JCLC Online

In Excessive Force in Prison, Professor Sharon Dolovich tackles the shortcomings of the Eighth Amendment’s cruel and unusual punishment doctrine to govern uses of official violence against prisoners. She argues that law enforcement officers owe a duty of care and protection to incarcerated people, but that duty of care and protection is undermined by the dehumanization and demonization of prisoners. Professor Dolovich thus advocates for shifting the doctrinal standard for excessive force under the Eighth Amendment to one based on objective reasonableness, paired with jury instructions explicitly reminding jurors of incarcerated victims’ humanity. To counteract the vagaries of such an …

From Oppenheimer To Trump: An Exploration Of The American History Of Prosecution And Persecution In Classified Information Dissemination, Samuel Bevenour

JCLC Online

Robert Oppenheimer, the father of the atomic bomb, was stripped of his security clearance before documents were properly classified and without access to exculpatory evidence in what amounted to a show trial. The modern, peace-time classification system has expanded into an arguably uncontrollable leviathan that has proven unable to be curtailed by either political party despite bipartisan support. The usage of the related Espionage Act to enforce the ever-growing secrecy state has a problematic history of being utilized in politically motivated prosecutions in which defendants still face an uphill battle to gain access to exculpatory information. These prosecutions, under the …

Juvenile Drug Offenses: Rethinking Criminal Justice Approaches And Intervention Strategies, Lucas Kelly

JCLC Online

Juveniles, whose offending nature fundamentally differs from that of adults, should not be subjected to the traditional criminal justice system for drug offenses. Juvenile drug offenders warrant heightened attention due to their diminished capacity for reasoned judgment, increased susceptibility to the effects of drugs, the profound impact that criminal drug charges have on their future, and the possible presence of Substance Use Disorder. This Comment breaks down ways in which the U.S. has handled, and currently handles, juvenile drug offenders. I will also explore the long-term and short-term effects of drug convictions for juveniles, the issue of culpability and susceptibility …

Friday Luncheon Keynote, Isha Khan

Canada-United States Law Journal

No abstract provided.

Letters From A Fragmented Democracy, Maureen Edobor

Scholarly Articles

This piece confronts the stakes of our current trajectory by looking to the future. It presents six fictional letters to illustrate where today’s ominous currents could lead. In this imagined tomorrow, contemporary voting restrictions, judicial erosion, and administrative manipulation have gradually hollowed out the franchise, transforming formal democracy into little more than an empty spectacle. Each letter voices a different facet of democratic erosion: a voter disenfranchised by bureaucratic hurdles, a candidate’s voice hijacked by deepfake technology, a neighbor ensnared by punitive voting laws, a community erased by gerrymandering, a campaign drowned in dark money, and even a corporate memo …

Identifying The Guilty, Protecting The Innocent: Amending The Federal Rules Of Evidence To Address Admissibility Of Eyewitness Identification, Louisa M. A. Heiny

University of Michigan Journal of Law Reform

Mistaken eyewitness identification is among the most common factors in wrongful conviction cases. Indeed, hundreds of innocent defendants have been convicted for a crime they did not commit, their fate sealed by an eyewitness who convincingly, but mistakenly, testified, “That’s the one!”

Scientific researchers have documented the fallibility of eyewitness identification for decades. Their collective work has produced recommendations for eyewitness identification reform, focusing on procedural problems most likely to result in mistaken identification. The law in this area, however, has not kept pace with the science. Rather than representing a cohesive series of safeguards against inaccurate eyewitness identifications, federal …

Discussing The Effectiveness Of Capital Punishment And Florida's Sentencing Change From Unanimous To Eight Juror Majority, April Feeser

Nova Law Review

No abstract provided.

Imperfect Justice: Gaps In The Icc’S Reparations And Victim Participation, Alyssa Price

Human Rights Brief

The International Criminal Court (ICC) made substantial efforts to establish a court system that is more inclusive and supportive of victims. Notably, the ICC provides victims with opportunities for active participation in the judicial process—far more extensive than most domestic courts—ensuring that victims have a voice. However, the mechanisms the ICC employs for victim reparations lack effectiveness. These reparations often prove logistically challenging to implement and fail to address victims’ specific and diverse needs. Consequently, this limitation threatens the ICC’s reputation as a protector of victims’ rights. By collaborating with other United Nations (UN) organizations, private corporations, and individuals, the …

Algorithmic Speech Harm, Mateusz Grochowski

Loyola Consumer Law Review

This paper examines the potential application of product liability doctrine to content moderation and recommendation algorithms employed by social media platforms. Emerging scholarship and evolving case law suggest that product liability could provide a viable legal pathway to circumvent the limitations imposed by Section 230 of the Communications Decency Act. The article critically evaluates this proposition and delves into the doctrinal foundations of product liability to assess its capacity to address harms inflicted on consumers by algorithmic systems. A central focus of the analysis is the development of a more precise definition of the harm that users understood here as …

Juror Certainty About Firearm Evidence: Examination Effects, Dr. Amelia Shooter, Dr. Paraic Scanlon, Professor Sarah L. Cooper

Criminal Law Practitioner

Firearms examiners can evaluate associations between suspect ammunition and ammunition test-fired by a suspect firearm by microscopically comparing tool marks on both projectiles. This practice has been criticized, including by the National Academy of Sciences, yet firearms examiners routinely testify as experts in the United States. Jurors must determine the weight of expert evidence, which lawyers can aim to discredit on cross-examination or rehabilitate on redirect-examination. Using online vignettes, the authors investigated how both cross-examination and redirect-examination affected potential U.S. jurors' certainty about expert firearms evidence.

Participants (n=114) were asked to rate their certainty (on a scale of 0-100) about …

Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy, Gerald F. Davis

Seattle University Law Review

Our understanding of the American economy often relies on stylized facts derived from mandatory disclosures by listed corporations. Data vendors like Standard & Poor’s vacuum up 10Ks and proxy statements into databases, and scholars distill these into tentative maps. This may have been adequate for a postwar economy centered on asset-heavy manufacturers, but it is increasingly out of step with an information-based economy. Companies listed on the stock market are fewer in number and less representative than they were, light in tangible assets and people, and heavy on IP. Basic facts such as what industry they are in are increasingly …

Annual Report, Fiscal Year 2025, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.

Scènes À Faire: Cliché As Legislative Fact, Sarah Louise Bishop

Connecticut Law Review

In the last ten years, federal courts have quietly begun to apply copyright’s scènes à faire doctrine to dismiss infringement claims before party discovery has occurred. This move theoretically should not be possible, because applying the doctrine requires evidence of the conventions and tropes of the artistic genres at issue—something unlikely to be reflected in the parties’ pleadings.

This Article identifies this trend and explores the workarounds district courts use to achieve these dismissals without a factual record before them. The most common methods courts use are inconsistent with both the Federal Rules of Civil Procedure and Evidence and risk …

A Restorative Justice Alternative For Trafficking Survivors: The Need For A Collaborative Approach In Establishing A Pilot Program Addressing Survivor-Articulated Needs, Stephanie Richard, Suzanne S. La Pierre

Connecticut Law Review

Human trafficking survivors not only suffer physical and psychological harm during the commission of the crimes against them, but also are often further harmed through forced involvement in the criminal justice system. With the current focus on apprehending and punishing perpetrators as the primary tool promoted in the United States to prevent trafficking, survivors forced to be witnesses against their perpetrators lose their self-determination in ways replicating the abusive patterns of their traffickers. To aid investigation and prosecution of traffickers, they are required to provide testimony reliving their experiences. Forced testimony is also often the only option available for avoiding …

The Liminality Of Transactional Relationships, Victoria J. Haneman

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Indigenous Reconciliation And Development, Diane Francis, Wenona T. Singel, Wayne Garnons-Williams

Canada-United States Law Journal

A panel discussion on efforts to provide reconciliation and developmental opportunities to indigenous people, especially in Canada and the United States.

Survival Of The Fittest? Ai And Its Different Regulatory Models, Miklós Király

Emory International Law Review

Prof. Peter Hay is a regular visitor to Budapest, Hungary. He gives excellent lectures on conflict of laws, with a particular focus on the nuances of jurisdiction. At the same time, many of us are avid readers of his German textbook US-Amerikanisches Recht. This textbook provides an overview of US law, from legal history to constitutional law and administrative law or criminal law. His interest and work which spans legal disciplines and legal systems, encourages me to welcome him with a paper on comparative law than a study of private international law.

This paper provides an overview of the broad …

Precautionary Measures And The Risk Of Escalation In The Use Of Nuclear Weapons, Jeffrey Biller

Emory International Law Review

The use of nuclear weapons presents an unparalleled risk of escalation, a reality that has become increasingly pressing due to recent geopolitical developments, particularly Russia’s revised nuclear doctrine and its ongoing conflict with Ukraine. While the legal frameworks governing armed conflict, particularly International Humanitarian Law (IHL), do not traditionally require an analysis of escalation risk before an attack, this article argues that the extreme and immediate consequences of nuclear escalation necessitate its inclusion within the precautionary measures framework.

This article first examines the concept of nuclear escalation, identifying both intended and unintended risks associated with nuclear strikes. While nuclear deterrence …

El Derecho A La Privacidad Del Pensamiento: Neurotechnología En El Sistema Interamericano De Derechos Humanos, Javier Alejandro Diaz Briceno

American University International Law Review

La historia de la tecnofobia y el ludismo nos enseña que superar el miedo a lo nuevo implica reflexionar sobre cómo enfrentamos las innovaciones pasadas. Mirando hacia atrás, podemos identificar que invenciones o descubrimientos—ahora esenciales—enfrentaron resistencia inicial antes de ser aceptadas de forma general. Por mencionar algunas: los teléfonos, la electricidad, las vacunas, los elevadores, aviones, automóviles, las computadoras y más.

Is It Possible To Draft A Universal Criminal Code?, Paul H. Robinson

American University International Law Review

The world contains hundreds of distinct communities with their own traditions and values. One might assume that, despite the best efforts of international organizations, it would be impossible to draft a criminal code that could operate effectively for all countries. Is that the case? If one tried to construct a universal criminal code, what sorts of challenges and limitations with the effort face?

Premium Justice: An Egalitarian Defense Of Risk-Based Insurance Pricing, Travis Luis Pantin

The University of Chicago Business Law Review

Should insurance companies be allowed to charge different prices based on a policyholder’s likelihood of making claims? This Article challenges the common view that “risk-based pricing” in insurance presents a tradeoff between the twin goals of efficiency and fairness. It argues that the most compelling justification for charging policyholders prices that reflect their individual risk is grounded not in efficiency, but in egalitarian distributive justice. The Article begins by shifting the focus of distributive analysis from the burdens of insurance (i.e., premium costs) to the benefits of insurance, measured as the consumer surplus each participant gains from coverage. It then …

Crippled By War: Arguing Russia’S Actions In Ukraine Constitute Disability Persecution Under Article 7(1)(H) Of The Rome Statute, Davis Hayman

American University International Law Review

During the ongoing conflict between Russia and Ukraine, Russia implemented a “humanitarian aid” program which moved Ukrainian people with disabilities to Russia or Russian-controlled areas. The Prosecutor for the International Criminal Court issued arrest warrants under the theory that this program constitutes war crimes.

This Comment argues this program further qualifies as the crime of persecution against Ukrainians with disabilities. This piece first analyzes the crime of persecution, its relationship with other crimes and how non-enumerated groups can receive its protection. Next, this piece analyzes international human rights developments related to people with disabilities to show they qualify for such …

From One Prison To Another: The Inordinate Criminalization Of Women Who Kill Abusive Partners And A Proposed U.N. Response, Annalie Buscarino

Case Western Reserve Journal of International Law

Paradoxically, criminal justice systems around the world punish women who kill abusive partners with inordinate sentences despite explicitly recognizing the victimization that led them to homicide. This Note examines how universally entrenched gender stereotypes lead to such overcriminalization and amount to a violation of women’s rights to equality before the law. This Note then proposes a U.N. resolution offering guidelines for criminal justice systems to craft appropriate judicial responses to women’s survival strategies.

Abundance And Other Food Fixations, Margot J. Pollans

Elisabeth Haub School of Law Faculty Publications

Although most people in the United States no longer devote the majority of their time to food production, processing, and distribution, food remains a daily fixation. This Article explores three driving food fixations--abundance, thinness, and health--and situates each against an inverse fear--scarcity, fatness, and illness, respectively. Mapping these threats onto U.S. food policy, this Article examines, among other policy arenas, food waste policy, nutrition and health claim labeling law, and food additive regulations. Across food policy, these fixations feed what this Article calls the “politics of abundance.” This politics helps to insulate the food industry from deeper systemic reform aimed …

Navigating The Legal Risk Universities’ Healthcare Providers Potentially Face From Medical Decisions Impacting Collegiate Athletes’ Future Nil Income While Following The Ncaa’S Mental Health Best Practices, Kenneth D. Ferguson

Fordham Law Review

No abstract provided.

Decentral Intelligence Agency: The Law And Autonomous Artificial Intelligence, Dr. Andrew W. Torrance , Ph. D., Dr. Bill Tomlinson , Ph.D.

Touro Law Review

Artificial intelligence (“AI”) is rapidly gaining autonomy across a range of domains, such as business, education, social relationships, and warfare. This article examines the legal and policy implications of autonomous AI agents, a rapidly evolving technology that challenges existing regulatory frameworks. Drawing from tort, agency, property, contract, privacy, human rights, and constitutional law, we propose a comprehensive approach to govern these increasingly independent entities. Our analysis begins with a historical perspective, tracing both the evolution of autonomous computational systems and of legal responses to such technologies. We then conduct a comparative study of AI governance across jurisdictions, highlighting regulatory gaps …

Genetic Property Rhetoric And The Public Domain, Dave Fagundes

Texas A&M Journal of Property Law

Among the many themes that illuminate Jorge Contreras’s The Genome Defense, this Essay focuses on property. It considers the rhetorical role played by property in convincing both courts and the public that patenting genetic data was legally and ethically objectionable. This Essay begins by locating property—and public property—as a major theme in the dialogue surrounding the Myriad litigation. It then situates this rhetorical move in the context of property-talk generally, highlighting the distinctiveness of leveraging public rather than private ownership as a means of accessing moral intuitions. Finally, this Essay reflects on what the use of public property rhetoric …

The New World's Pandemic: Sexual Exploitation In The Digital Age, Rocio Iglesias Gonzalez

St. Thomas Law Review

Mary is a fifteen-year-old who is excited about starting her sophomore year of high school. Unbeknownst to Mary, George, a classmate whose romantic advances Mary had rejected, created a sexually explicit image generated by artificial intelligence, most commonly known as a deepfake, of Mary and started sending it to other classmates. Once Mary discovered the deepfaked pictures, she and her parents sought legal advice on available remedies. Unfortunately, Mary lives in Nevada, a state that has no legislation addressing the issue of nonconsensual sexually explicit deepfakes. Similarly, at the federal level, Mary has no course of action against her offender. …

Demanding Or Dodging Death: Reconciling The Inconsistencies In Medicine, Katherine Drabiak

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.