Digital Commons Network^™

Active Learning Seminar Assignment: Broken Windows Perusall Activity, Penny Geyer

Open Educational Resources

This collaborative reading assignment created by Professor Penny Geyer was created as part of a seminar on Active Learning using OERs in 2025. The assignment uses the social annotation tool, Perusall, to transform a traditional reading assignment into an active learning exercise that encourages close reading, peer engagement and structured discussion of the foundational text, "Broken Windows" by James Wilson and George Kelling.

In Defense Of Pardons, Stephen E. Henderson

Faculty Articles

Pardons by the past two U.S. presidents—one Democratic and one Republican—have caused some to question the wisdom of executive clemency. American criminal justice is imperfect, such critics of course recognize, but here the cure might be worse than the disease. If pardons have become the playthings of would-be monarchs and tyrants, perhaps it is time to let them go. As a strong proponent of role-reversible criminal justice, I am sympathetic to this view—even in mercy, why is the decision of the single elite supplanting the will of the people? Still, I write in pardons’ defense. Not only are pardons an …

Patriarch Kirill Of Moscow And All Russia: A True Patriarch Or A False One, A Senior Cleric Or A Senior Politician Of The Russian Federation? The Russian Patriarch And The War In Ukraine, Dilyan Nikolchev

Occasional Papers on Religion in Eastern Europe

This paper focuses on the behavior of the current Russian Orthodox Patriarch Kirill (Gundyaev) in the context of the Russia’s military aggression against sovereign Ukraine – a religious leader who fully supports the war policy of the Kremlin. The pro-war and pro-Putin views and messages of Patriarch Kirill proved him in the eyes of the Orthodox world more as a false Patriarch and a politician than as the primate of the Russian Orthodox Church. To a large extent, the Russian political narratives and ideology of the “Russian Peace” and “Holy Rus” doctrine are a product of the senior leadership of …

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

An Expert Is Just Some Guy From Out Of Town: Analyzing The Neoliberal Evolution Of Expert Witness Testimony In Criminal Law, Alyssa G. Harrison

Law Student Publications

Expert witness testimony plays an outsized role in American law. Called upon to explain medical or scientific terms to less-knowledgeable peers, an expert can be a powerful tool, offering an authoritative perspective on specialized aspects of a case. The legal community grants experts this authority based on their alleged knowledge—within the legal sphere, science is “idealiz[ed],” and those with the “right” education or credentials are seen as more credible than those without. Despite this, legal professionals are known to “embrace expert evidence when it is misleading and un- helpful.” The expert witness tool, however, is too often denied to those …

Racializing Three Strikes, G. Ben Cohen, Justin D. Levinson, Koichi Hioki

Akron Law Faculty Publications

"Three Strikes” laws sit at the fulcrum of racial disparities and mass incarceration. Despite clarity across decades that such laws have served to disproportionately punish Black Americans, legislatures have blessed them, courts permit them, prosecutors charge them, and juries convict based on them. Although it has long been clear that these laws have played a key role in the racialization of America's criminal justice system, less clear are the mechanisms that drive and permit the embrace of this racialization. In this Article, we test empirically in a national study the hypothesis that Three Strikes laws exist because of race, are …

Guided Autonomy: A Research-Based Approach To Improving Students' Wellbeing And Decision-Making In The Development Of Problem-Solving Skills, Jonathan E. Moore

Akron Law Faculty Publications

Law schools and the legal profession face a wellbeing crisis. Law students and lawyers suffer from high rates of depression, substance abuse, and job dissatisfaction. Research shows that cultivating autonomy—the sense of control over one’s own decisions and actions—is key to wellbeing and success in legal education and practice. Yet, fostering autonomy in new law students is challenging, as too much independence too soon can overwhelm learners and increase stress. This article introduces a “guided autonomy” approach for law students, with a focus specifically on legal writing courses. The article combines insights from Self-Determination Theory and Cognitive Load Theory to …

Pumpable Hours: Legal Protections For Lactating Individuals Through The Lens Of The Legal Profession, Elise Gonzalez

American University Journal of Gender, Social Policy & the Law

The Supreme Court denied women the right to be admitted to the legal profession in 1872. Since this ruling, women have entered the legal profession with force in growing numbers. Today, women comprise nearly 55% of law students across the country and 40% of practicing attorneys in the United States. Despite the growing number of women in the legal profession, women are often reminded of the profession’s sexist history, particularly during a period that is uniquely connected to women—motherhood.

We Can't Apply From The Grave: Why The Asylum Standard Of Proof Fails Those Who Need It Most, Hilana Said

American University Journal of Gender, Social Policy & the Law

A woman in Florida sits in front of her TV, unsure if the sound of static is coming from shock or the screen. Her eyes reflect the fires that blaze from within her church in Alexandria, Egypt. Numbly, the pads of her fingers attempt to call family members, praying that, for once, they skipped service. She lets go of a breath she did not know she was holding. The time between now and another attack exists on a clock that she cannot see. But she knows it is ticking.

Between Pixels And Predators: The Landscape Of Sexual Assault And Rape In The Metaverse, Natalia Rydzewski

FIU Law Review

This article explores the potential expansion of criminal prosecution in virtual reality spaces as it relates to sexual assault.

Brief Videos During Informed Consent May Be Helpful For Participants' Understanding Of Study Information, Abby L. Braitman, Rachel Ayala Guzman, Kristin E. Heron

Psychology Faculty Publications

Although an informed consent process is required for all research, it is not clear how well study participants read informed consent forms and understand their content. A systematic review of medical clinical trials revealed participants had only a 50% rate of understanding for concepts of the consent process, including voluntary participation, blinding, and freedom to withdraw, with lower rates for randomization, risks, and safety issues (Pietrzykowski & Smilowska, 2021). This issue may be more pronounced for online research, with a recent study indicating half of participants report not reading informed consent forms at all (Perrault & Keating, 2017). Although increasing …

Adults Drug Court Model's Review: A Case Study, Byron R. Titus

Antioch University Dissertations & Theses

In 1989 Dade County, Florida, the so-called “War on Drugs” was in full swing. As a result, drug courts were created, acting as a diversion program for the many people subsequently caught up in this “war.” Since then, such “specialty courts” have proliferated across the planet. In some cases, local versions have been adopted to adjust to their unique population, culture, risk, and needs. This dissertation is a case study that reviews three Intensive Probation Supervision Programs (IPSP). These IPSPs identify a drug court in their state or country before it becomes a “certified drug court” (now more often referred …

For Black College Students Who Considered Dropping Out When Grit Wasn’T Enough: A Mixed Methods Study Exploring The Influence Of Family Messaging On Collegiate Outcomes, Dawn M. Wilson

Antioch University Dissertations & Theses

Black college student outcomes are well researched areas in education literature. This dissertation sought to explore the influence of academic and ethnic racial socialization on experiences of shame and guilt and examine the association of those relationships on Black college student retention and persistence. This study employed an explanatory sequential mixed methods design to investigate the socialization experiences of 272 Black college students in the US. Conditional process model analyses revealed that academic socialization is associated with experiences of guilt and shame—guilt predicted improved retention outcomes, while shame predicted lower retention outcomes. The analysis also revealed that while ethnic racial …

Reassessing Criminogenic Risk: How Trauma-Informed Assessment More Accurately Predicts In-Prison Behavior Than Traditional Models, Bree E. Derrick

Antioch University Dissertations & Theses

Criminogenic risk-needs assessment is the cornerstone of recidivism reduction models in the correctional sector. Despite decades of using criminogenic risk-need tools, recidivism outcomes remain stubbornly high in the U.S. This non-traditional dissertation explored how traditional criminogenic assessments could be improved with the addition of measures of childhood adversity and maltreatment. This study found that the prevalence of ACEs was significantly greater in an adult prison population of 1,522 in a rural, western state than in the general public. Utilizing logistic regression, this research also found that ACEs were better predictors of in-prison misconduct than traditional criminogenic risk-needs assessments, although traditional …

The "Not Seen" Effect Of International Financial Centers: Innovation In The Global Financial Ecosystem, Charlotte Ku, Andrew P. Morriss

South Carolina Journal of International Law and Business

International Financial Centers (IFCs) are hubs of legal and financial innovation, developing specialized frameworks that facilitate cross-border investment, enhance global capital mobility, and support economic growth. Through jurisdictional competition, professional clustering, and adaptive regulatory frameworks, IFCs have pioneered legal structures that enable enterprises of all sizes to participate in the global economy. Using case studies of the International Business Company, the Limited Liability Company, the Protected Cell Company, and advances in trust law and applying the theoretical frameworks of social scientist Richard Florida and psychologist Mihalyi Csikszentmihalyi, this article illustrates how IFCs serve as laboratories for financial experimentation, generating widely …

The Feminicide Epidemic In Brazil: An Analysis Considering The Convention Of Belém Do Pará And The Rome Statute, Suzana Coelho Da Silva

Human Rights Brief

Gender-based violence against women is an issue little discussed both in academia and in various sectors of society. Men in positions of power block any attempts by women to be observed in places of influence and visibility, reflecting a patriarchal society that sees women as inferior, fragile beings incapable of exercising functions that requires intelligence, strength, and rationality.

Upholding The Absolute Prohibition Of Torture: Afchpr On Detention In Tanzania, Aly Orvis

Human Rights Brief

On September 3, 2024, the African Court on Human and Peoples’ Rights (AfCHPR) rendered its decision in Habyalimana Augustino and Muburu Abdulkarim v. United Republic of Tanzania. The case involved two Burundian nationals who, as refugees in Tanzania, were implicated in a murder-for-hire scheme. This scheme was allegedly orchestrated by Mama Mboya—the wife of a high ranking commanding officer who suspected the victim of having an affair with her husband. Convicted in 2007, the applicants were sentenced to death by hanging. In their petition to the AfCHPR, they argued that they had been subjected to torture and inhumane conditions at …

New Treaty Law On Autonomous Weapons? An Opportunity To Reframe The Discourse, Laurie R. Blank

Case Western Reserve Journal of International Law

Calls for a new treaty for autonomous weapons—or for any other new technology—stem from a concern at the most basic level: the concern that LOAC’s existing treaties are not sufficient to fulfill their core purposes of protecting civilians and other vulnerable persons and regulating the conduct of hostilities. Could treaties drafted in 1949—when air power was new and space a distant dream, when the first operational computer ran its first program and navigation relied on the compass and sextant—be sufficient for the complexities and challenges of the electromagnetic spectrum, artificial intelligence, quantum mechanics, machine learning, cyber, anti-satellite weapons, and other …

Uncovering Spain's Lost Victims: Can The Continuing Crimes Doctrine Expand The Jurisdiction Of The International Criminal Court?, Kaitlyn Booher

Case Western Reserve Journal of International Law

Throughout Spain’s transition years (1975-1985), the country has maintained an “agreement to forget” and consequently failed to prosecute any perpetrators of crimes during the Franco dictatorship. This Note examines Franco-era forced disappearances in Spain and argues that the ICC has ratione temporis jurisdiction to investigate and prosecute perpetrators under the application of the continuing crimes doctrine, which is consistent with the principle of nullum crimen sine lege. (Abstract from author.)

A Vicious Cycle: An Intersectional Analysis Of Black Women’S Legal And Socio-Economic Vulnerability In The Hiv/Aids Epidemic, Summer Bell

Emory International Law Review

No abstract provided.

No Way Home: Poland And Lithuania’S Asylum Violations In The Belarus Border Crisis, Julia Kaluta

North Carolina Journal of International Law

No abstract provided.

Cyberbullying As A Contemporary Human Rights Violation Of Youth In Digital Media: A Study Of India, Brazil, And South Africa, Laura Ferla Tuma

American University International Law Review

The COVID-19 pandemic facilitated a technological migration not only among adults but also among children and adolescents. Digital media became the alternative for young individuals to maintain their activities, especially school-related ones. They shared virtual classrooms, used the internet for entertainment, and were forced to socialize exclusively in digital environments for months. Connected time increased, and the world witnessed a new phenomenon: hyperconnectivity.

The Ai Act Manipulation Gap, Claire Boine

Emory International Law Review

The European Union’s Artificial Intelligence Act (AI Act) represents a significant step in regulating AI technologies, but this paper argues that its provisions on manipulation are critically under-inclusive. Through a comprehensive analysis of AI-enabled manipulation and the current EU legal framework, this paper offers an account of how the AI Act’s narrow focus on subliminal techniques and purposeful manipulation fails to address the full spectrum of AI-driven manipulative practices.

The paper develops its argument in four parts. First, it provides an overview of AI-enabled manipulation, highlighting its unique characteristics and the structural changes it introduces to democratic processes. Second, it …

Protecting Human Rights, Larry Herman, Richard Newcomb, John Boscariol

Canada-United States Law Journal

A panel discussion on protecting human rights through economic sanctions and supply chain due diligence.

The Damage Done: How The Disease Model Of Addiction Harms Marginalized People In Canada, Sara Gordon

All Faculty Publications

Over 50,000 Canadians have died of unregulated drug poisoning since 2016. And while the toxic drug crisis is the leading cause of death in British Columbia for people between the ages of 10 and 59, some British Columbians are at a higher risk than others. In 2023, First Nations people—who comprise 3.4% of BC’s population—accounted for 17.8% of its toxic drug deaths. Other marginalized communities are also at heightened risk: racialized people, young people, and people living in poverty or without shelter are all disproportionately impacted. These disparities reflect more than a public health crisis—they largely exist due to legal …

Scientific Educations Among U.S. Judges, Christa J. Laser

American University Law Review

Should more judges have technical and scientific educations than are currently prevalent in the federal judiciary? This empirical study of the educational background of federal judges reports the undergraduate and graduate majors of active U.S. federal Article III judges. Information on the subject area of study is largely not publicly available, especially for judges appointed decades ago. This is the first and only publicly available research study of the subject areas of study of U.S. judges, collected via phone and email surveys to U.S. judges. The results of this study show that only 7.35% of federal judges have majors in …

Officers’ Perceptions Of Body-Worn Cameras: An Exploratory Study Of Small Police Departments In Upstate New York, Stefan A. Dela Riva

Electronic Theses & Dissertations (2024 - present)

The aim of this exploratory study is to examine how police officers perceive the impact of body-worn cameras (BWCs) on their use of discretion when communicating with members of the public. In this context, “discretion” refers to an officer’s authority to make independent judgments while enforcing the law; deciding whether to issue a warning, make an arrest, or resolve an incident informally when legality permits. To understand officers’ opinions, a cross-sectional, quantitative online survey was distributed to various police departments and sheriff’s offices in upstate New York. Participants completed a series of Likert-style survey items addressing their general views on …

Regenerating Justice: Chatgpt And The Legal Minefield Of Generative Ai, Katie Szilagyi

Canadian Journal of Law and Technology

This paper adopts an automation bias lens to cast doubt on the growing claims that GenAI is a transformational tool for legal industry. In this context, automation bias refers to the well-known psychological phenomenon in which human decision-makers unwittingly defer to automated processes, flowing from overreliance on the accuracy of the automation. Even well-meaning individuals aiming to keep a “human-in-the-loop” of any automated decision can fall prey to this well-documented phenomenon, trusting the technology more than it deserves to be trusted. Champions for current GenAI technologies often do acknowledge limitations within the existing landscape of tools, like GenAI’s tendency to …

The Violence Of Bright Lines, Terrell Woolfolk, Kathryn E. Miller

Fordham Law Review

The U.S. Supreme Court interprets the Eighth Amendment to prohibit members of certain groups from serving extreme punishments, such as the death penalty and life without parole. For example, the Court has long banned death sentences for people with intellectual disability and for those who were under eighteen years old at the time of their crime. More recently, in Graham v. Florida and Miller v. Alabama, the Court extended this reasoning to sentences of life without parole for those under eighteen—prohibiting the sentence altogether for nonhomicide crimes and barring its mandatory imposition for homicides.

Many scholars and advocates have …

Penderitaan Tanpa Ukuran: Mengapa Kuhap Harus Segera Mengatur Kerugian Imateriil?, Setiani Budi Utami, Mardian Putra Frans

Jurnal Hukum & Pembangunan

Law enforcement must ensure that the justice process operates in accordance with the principles of true justice. The criminal justice system in Indonesia emerged as a response to public dissatisfaction with the performance of law enforcement agencies that overly emphasized formal law and order alone, without regard for human dignity. The preamble of the Criminal Procedure Code (KUHAP) affirms that this system aims to protect human dignity, thus substantive justice must be prioritized. In this context, human rights, particularly the protection of crime victims, become crucial. However, in practice, victims are often marginalized, especially regarding compensation for immaterial damages that …