Digital Commons Network^™

Operational Solutions To Everyday Problems From Border Advocates At Jewish Family Service Of San Diego, Kate Clark, Reilly Frye

San Diego Law Review

Day in and day out, across administrations at all levels of government, a cadre of impassioned change agents, including advocates, service providers, community stakeholders, and grassroots organizations, are called to action to fight. Through exhaustion and fatigue, this group unequivocally continues to center humanity and uplift sustainable solutions.

As a “border attorney,” I have been proximate to this work and space for more than fourteen years, the entirety of which has been at Jewish Family Service of San Diego (JFS), a refugee resettlement organization, pro bono legal service provider, and operator of the San Diego Rapid Response Network Migrant Shelter …

State Of Utah, Plaintiff And Appellee V. Jessica Buck, Defendant And Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON DIRECT APPEAL FROM A SENTENCE JUDGMENT COMMITMENT ENTERED BY THE HONORABLE JUDGE JEREMIAH HUMES OF THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR CARBON COUNTY, STATE OF UTAH

K. ANDREW FITZGERALD, Attorney for Appellant

Regulating Uncertainty: Loot Boxes In The Gaming Metaverse, Anthony Chen

Richmond Journal of Law & Technology

Loot boxes are an increasingly widespread monetization model in video games that utilize random chance when dispensing items. Their implementation and use may result in significant harm to consumers. At the same time, loot boxes confer many benefits to game companies and gamers that should factor into their regulation. These harms and benefits may not be apparent at first glance, so it is necessary to consider loot boxes contextually within their game and the broader community to have a proper holistic analysis of their effects. Their unique and varying design makes them a challenge to place within a single established …

A Constitutional Right To Exclude Evidence, Colin Miller

Texas A&M Law Review

The Supreme Court has held that criminal defendants have a constitutional right to introduce evidence and a constitutional right to receive evidence, but it has never recognized a constitutional right to exclude evidence. Specifically, the Supreme Court has issued numerous rulings finding that the Due Process Clause demands that (1) defendants have the right to present a defense that trumps the rules of evidence; (2) the prosecution must disclose material exculpatory evidence to the defense; (3) the State has certain duties to preserve evidence so that it can be disclosed to the defense; and (4) any discovery obligations on defendants …

Public Disclosure And Its Impact On Ceo Compensation: Evidence Of Media Influence, Xin Zhao

Journal of Global Awareness

I examine the effect of the AFL-CIO executive paywatch identification on future CEO compensation. My findings indicate that the public disclosure of CEO compensation has a negative impact on subsequent changes in CEO pay. Additionally, I find that CEOs with ex-ante overpayment have experienced changes in their subsequent compensation. This paper contributes to the literature by documenting that firms respond to negative press coverage of CEO compensation, even after controlling for the mean reversion effect associated with high CEO pay.

Increasing Youth Engagement In Community Heritage And Social Justice Through Implementation Of A Youth Participatory Empowerment Model, Jancarlos Wagner-Romero, Mary Gillis, Lindsay Clemens, Amanda J. Dworak Rowland, Curlinda Mitchell-Blacksheep, Melanie Canaday-Talley

Journal of Multicultural Affairs

Youth in traditionally marginalized communities are often the target of policies and practices without the opportunity to provide input. This article highlights effective strategies to empower youth to become active participants in their communities. Using a Youth Participatory Empowerment Model (YPEM), youth participants from six demographically distinct communities engaged in YPEM-supported activities and strategies to identify and address a need within their community. To gain insight into successful strategies, qualitative data from pre and post implementation focus group interviews and observational field notes informed the conclusions. The participant youth represent tribal, undocumented, rural, suburban, and urban youth from underserved populations. …

Bench Stacking And Biases: The Icj’S Partial Decision In Yugoslavia V. Nato Members In Comparative Perspective, Jeffrey S. Bachman

Genocide Studies and Prevention: An International Journal

Since the Genocide Convention was adopted by the General Assembly in 1948, eight cases have been brought to the ICJ by invoking Article IX of the Genocide Convention as a basis of the Court’s jurisdiction. Only two cases have reached their conclusion based on the merits of the case, with others decided during preliminary proceedings, while still others remain ongoing. There have been numerous studies of ICJ impartiality, with particular focus on judges’ voting records, using large amounts of data to discern any trends and biases. This article is the first attempt to comparatively analyze ICJ genocide cases using an …

Rethinking The Application Of Formal And Informal Justice Responses To Conflict Related Sexual Violence In Uganda, Josephine Ndagire

Genocide Studies and Prevention: An International Journal

Nearly sixteen (16) years since the "Agreement on Cessation of Hostilities Between the Government of the Republic of Uganda and Lord’s Resistance Army/Movement" (Juba Peace Agreement), accountability mechanisms envisaged therein have hardly provided meaningful redress, if at all, to victims of conflict-related sexual violence (CRSV). The peace negotiations took place shortly after the ICC issued arrest warrants for top commanders of the Lord’s Resistance Army (LRA) who insisted on being tried at home. In a bid to balance the demands of peace and justice, a local accountability mechanism was agreed. The mechanism would work parallel to traditional justice mechanisms in …

After Impunity: The Anti-Impunity Norm, The Colombian Special Jurisdiction For Peace, And The Future Of International Criminal Law, Max Pensky

Genocide Studies and Prevention: An International Journal

The predominance of international criminal law as a frontline response to atrocity crimes prioritizes the countering of impunity as an overarching goal. A corresponding “anti-impunity norm” identifies the legal punishment of individual perpetrators as a core requirement in legal responses to atrocities. This anti-impunity norm – the requirement to prosecute and punish – is also a legal obligation for state parties to the International Criminal Court. But the anti-impunity norm equates impunity’s opposite – accountability – with the imposition of legal punishment. This narrow interpretation of impunity places limits on states’ ability to craft context-specific responses to atrocities while also …

If Only Justice Could Heal Or Make Whole: Hard Lessons From Rwanda’S Legal Responses To Genocide And Mass Atrocity, Gerald Gahima

Genocide Studies and Prevention: An International Journal

My reflections on the limits of legal responses in Rwanda stem from both academic and lived experience. I served as Rwanda’s Deputy Minister of Justice (1996–1999), Prosecutor General (1999–2003), and Deputy Chief Justice (2003–2004) during the period after the genocide. In those roles, I had access to a large volume of information drawn from policy- making roles, case files of members of my staff, as well as my own fieldwork relating to the suffering of victims of the genocide. While I obviously believe that justice for those crimes is not in vain, my work with survivors left me with an …

Disgusted Judges And Domestic Violence, Jessica Miles

Seton Hall Law Review

No abstract provided.

Power-Conscious Legal Work: Building A Roadmap For Rural Access To Justice Through Trust, Accountability, & Trauma-Informed Practices, Cayley Balser, Antonio M. Coronado

Alaska Law Review

The importance of trauma-informed practices has never been greater. In the United States, most of the population has experienced at least one traumatic event in their life. Experiencing a traumatic event may have long-lasting impacts on physical health, including disruption to all major system functioning. Mental health impacts may include behavior changes, memory challenges, inability to complete routine tasks, difficulty with interpersonal relationships, and other symptoms associated with Post Traumatic Stress Disorder. Extant literature examines the association between past trauma experiences and later interactions with the civil justice system, including litigant conceptualizations of legal system engagement as a traumatic event …

Seizing Welfare From The Bankrupt, Michael D. Sousa

University of Cincinnati Law Review

The earned income tax credit (EITC) is currently the largest means-tested antipoverty program in the United States that assists low-income working families surviving along the edges of poverty. A central component of the national welfare system, the EITC has lifted millions of families with children out of poverty and has produced myriad benefits for their everyday lives. But most of the poor and near-poor endure in the low-wage labor market and often lead turbulent financial lives, plagued by precarious employment along with deleterious material and psychological constraints in budgeting for daily expenses. For the segment of these families also burdened …

Altruistic Arbitrage And Climate Change Mitigation:Rethinking The Role Of Cap And Trade Policies, Fatjon Kaja, Matthew G. Nagler

Duke Environmental Law & Policy Forum

We examine the implications for efficient public goods provision by exploring the relationship of altruism to the endowment effect, focusing our analysis on the problem of climate change mitigation. We argue that the reduction in distortionary valuation (i.e., willingness-to-accept departing from willingness-to-pay) experienced by altruistic market participants implies an ability to mediate ignored trades and extract the gains from trade — an activity we call "altruistic arbitrage" — thereby improving the efficiency of markets. This activity, broadly speaking, restores the Coase Theorem in the context of WTA-WTP disparities. Moreover, it leads to previously unidentified benefits to when markets are employed …

Next Steps In Online Courts: Accelerating Access Tojustice Through Court Technology, J.J. Prescott

Alaska Law Review

For more than a decade, state courts have been expanding access to justice by adopting online dispute resolution (ODR) platforms and other outward-facing communication technologies. At a deep level, these reforms aim at improving society by bolstering the rule of law. At a surface level, these innovations recognize that the justice system works better when courts and law are easier and less costly to understand and use. In important respects, these efforts have been a success. The accessibility of many state courts is considerably more robust today than it was ten years ago, at least for small-stakes cases, like traffic …

Revitalizing Competition: A Pathway To Lower Drug Prices And Reduced Spending For Medicare Part D Beneficiaries Through Pharmacy Benefit Manager Reform, Mariaeva Batlle

Seton Hall Law Review

No abstract provided.

Leave The Kids Alone: The Constitutional Battleground Of Gender-Affirming Health Care Bans For Transgender Youth, Tyler Callagy

Seton Hall Law Review

No abstract provided.

Mental Illness In African American Women: A Transcendental Phenomenology On Self-Efficacy And The Treatment-Seeking Behavior Of Secondary And Post-Secondary Educators, Sasha N. Gordon

Doctoral Dissertations and Projects

This transcendental phenomenological research shows the influence of mental health treatment on the self-efficacy of African American women who are secondary or post-secondary educators in Northern Illinois. For African American women educators, taking care of their mental well-being and being aware of mental health conditions are crucial. Sharing personal stories and experiences can help reduce the stigma surrounding mental health. Promoting awareness and understanding of mental health issues are vital in our communities, and access to resources and support are necessary. Using self-identity theory can aid in comprehending motivations and behaviors, leading to greater satisfaction and fulfillment and the prioritization …

The Obsolescence Of Voluntary Confessions In Maine, John C. Sheldon

Maine Law Review

The would-be assassin lurks in the crowd that gathers outside the campaign headquarters building. In anticipation of the candidate's appearance, the television technicians hoist their videotape cameras and illuminate the scene with floodlights, as the gunman nervously fingers the automatic concealed in the pocket of his field jacket. Moments later, the candidate emerges from the doorway; the assassin rushes into the floodlit view of the cameras, takes aim at the startled politician, and hollers: "I've been planning this for years, and now I'm going to give you what's coming to you." His shots ring out as Secret Service agents converge …

An Exploratory Study Of Academic Self-Efficacy In High School Education Completion Among A Group Of Former Juvenile Offenders, Deneil D. Christian, Joshua L. Adams

Journal of Criminal Justice and Law

A primary goal of the United States (U.S.) juvenile criminal justice system is to foster an environment where a juvenile offender can complete a high school education or equivalent. Extant literature has explored persistence in obtaining a high school credential. However, little is known about the role of self-efficacy in such attainment, and research is further scant that involves the geographic region of Pennsylvania, U.S. This study aimed to explore how former juvenile offenders perceived their academic self-efficacy while pursuing their education in a juvenile correctional facility in Pennsylvania. This study was guided by the following research question: How do …

Probate Standing, David Horton

Michigan Law Review

Few topics in civil justice have sparked as much criticism as the standing doctrine. The U.S. Constitution and some of its state counterparts require plaintiffs to allege that they suffered an “injury-in-fact” that the defendant caused and that a court can redress. A veritable ocean of commentary argues that this requirement [is confusing, ahistorical, and unmoored from its objectives.

Yet a different manifestation of the standing doctrine has long lurked in obscurity. Standing issues are also common in state probate courts, where the transmission of assets from the dead to the living can affect a variety of parties. But in …

The Parent-Child Privilege And The Parent-Child Crime: Observations On State V. Delong And In Re Agosto, Ellen Kandoian

Maine Law Review

Should a child be compelled to testify against his parent under threat of criminal punishment? Ignoring for a moment the applicable legal doctrines, there are several reasons why one might answer no. First, if we value the idea of family loyalty, and believe that loyalty of a child to his parent is particularly important for traditional, moral, and practical reasons, then measures taken by a state to undermine such loyalty must be viewed critically. Second, children tend to accumulate tremendous amounts of information about their parents' activities and are party or witness to many communications made by their parents with …

Ontological Inquiry In The World Of Law: Bringing Forth Subjective Experiencing From The Shadows, Margarida Garcia

Turning Toward Being: The Journal of Ontological Inquiry in Education

This article explores how we assess the value of ontological inquiry in the world of law, and to that end, it seeks to bring forth “seeings” that show up when we open the “curtains” of law, and engage the world of law as a field of subjective experience. By revisiting subjective impressions left from participation in the world of law, and that, for the most part, have remained unexamined, the author imagines what an “ontologically sensitive” approach to legal education, practice, and scholarship might look like and be if more space was given to those who participate in those …

Legal Implications Of Digital Health Apps Informing Food Allergy Labeling For Consumers' Health And Privacy Protection, Kathy Keunghee Kim

Maurer Theses and Dissertations

This dissertation examines food allergy labeling’s use in a digital format. Allergy information is typically found on food packaging and containers to help consumers identify individually concerned allergens. Given the critical role that food allergy labels play in preventing unexpected allergic reactions before selecting or consuming food, it is essential to comprehend the labeling descriptions. However, current regulations and laws regarding allergy labeling often confuse consumers due to the existence of mandatory and voluntary Precautionary Allergy Labeling (PAL) categories and the absence of laws and regulations that require allergy information for restaurant meals. Technology companies have introduced digital health and …

Triangulating The Likelihood Of Confusion: Linguistics And Consumer Surveys, Eric Derosia, Jesse Egbert, Thomas Lee

BYU Law Review

This Article highlights contributions that linguistic analysis can offer in the assessment of the likelihood of confusion in trademark infringement cases. Parties in such cases often engage an expert witness to conduct a survey that measures the likelihood of consumer confusion. We show how an expert linguist can provide important, nonintuitive dynamics of corroboration. We introduce “expert triangulation” as a conceptual framework to analyze whether, and to what extent, experts in linguistics and consumer surveys can corroborate one another. That is, having two different sources of empirical evidence which lead to similar conclusions should be a benefit to the courts, …

“All They Did Was Change The Name”: Evaluating Reforms To Solitary Confinement, Laura Mcfeely

Northwestern Journal of Law & Social Policy

In the last decade, the United States has seen a wave of efforts to greatly reduce or eliminate the use of solitary confinement. In the light of growing international recognition that such treatment amounts to torture, these efforts are certainly encouraging and have contributed to a reduction of the number of people held in long-term isolation. But it is worthwhile to examine the extent of these reforms and what solitary confinement now looks like in states that have implemented such changes.

A robust literature exists on the harms of solitary confinement and ideas for reforming or eliminating its use. This …

Calls Grow To Give New York's Ccrb More Power, Despite Police Resistance, Stephen Wentzell, Anastasia Tomkin, Moses Bustos, Olivia Graffeo

Capstones

This group capstone project, which was completed in the Criminal Justice Reporting Lab, is an investigative article exploring the current state of New York City’s Civilian Complaint Review Board (CCRB). Through more than a dozen interviews with complainants, board members, politicians, law enforcement, and others, the article highlights the push for the CCRB to have the authority to enforce disciplinary measures against police who are found to have engaged in misconduct. The article is accompanied by a video, with captions available in English and Spanish, that features bodycam footage from an incident involving police and our central compelling character who …

The Mass Murder Epidemic Of The United States: Policy, Reflections, And The Way Through, Isaiah Johnson

Dissertations, Theses, and Projects

This work is an in-depth look at American culture and how the culture has shaped gun policies in the U.S. I also examine various policies that could be used to mitigate mass shootings in the United States, as well as some of the reasons these incidents have become so prevalent.

A Quarter Of A Century Of Rulemaking With Particular Attention To The Federal Rules Of Criminal Procedure, Frank J. Remington

Maine Law Review

It is a happy coincidence that Edward Thaxter Gignoux completes twenty-five years on the bench at about the same time that the present rulemaking procedures in the federal system reach their twenty-fifth anniversary. In the quarter of a century of the present system for rulemaking there have been three distinguished chairmen of the Standing Committee—the committee to which there is delegated overall responsibility for rulemaking by the Judicial Conference of the United States. The three chairmen are Senior Circuit Judge Albert Maris, generally thought of as the modern "Father" of federal rulemaking, Senior District Judge Rozell Thomson and the present …

Public School Integration Of Children With Handicaps After Smith V. Robinson: "Separate But Equal" Revisited?, Robert J. Goodwin

Maine Law Review

Under the direction of Chief Justice Burger the United States Supreme Court has issued several opinions limiting the availability of federal causes of action. While one benefit of this trend may be a reduction in the volume of federal litigation, the costs may include the limitation of substantive federal rights. The recent Supreme Court decision in Smith v. Robinson narrowly construed the availability of certain federal causes of action, and it illustrates how such a ruling, although procedural on its surface, in reality can operate to erode substantive rights. In Smith the Court concluded that a handicapped child could not …