Digital Commons Network^™

The Children Are Our Future (Not Our Future Criminals): Protecting South Carolina's Youngest Citizens By Setting A Minimum Age Of Juvenile Court Jurisdiction, Peggy D. Nicholson

South Carolina Law Review

No abstract provided.

Imperfect Insanity And Diminished Responsibility, E. Lea Johnston

UF Law Faculty Publications

Insanity’s status as an all-or-nothing excuse results in the disproportionate punishment of individuals whose mental disorders significantly impaired, but did not obliterate, their capacities for criminal responsibility. Prohibiting the trier of fact from considering impairment that does not meet the narrow definition of insanity contradicts commonly held intuitions about mental abnormality and gradations of responsibility. It results in systemic over-punishment, juror frustration, and, at times, arbitrary verdicts as triers of fact attempt to better apportion liability to blameworthiness.

This Article proposes a generic partial excuse: Diminished Responsibility from Mental Disability. This excuse could be asserted as an affirmative defense at …

Editor-In-Chief’S Forward, Zoë Grimaldi

UC Law Constitutional Quarterly

No abstract provided.

Negotiating Police Reform, Cynthia Alkon

Faculty Scholarship

In the summer of 2020, after the murder of George Floyd, the national conversation around police reform intensified and was part of a conversation with students at Texas A&M University School of Law. Students wanted more discussion and teaching about police, police misconduct, police reform, and defunding the police. Following those discussions, I created a simulation on local level police reform that, as of this writing, I have used twice in my negotiation class. Simulations are helpful teaching tools in a variety of settings, including law schools. Simulations can be particularly useful to help students discuss difficult topics in different …

Persistent Discord: The Adjudication Of National Security Deportation Cases In Canada (2018–2020), Simon Wallace

Dalhousie Law Journal

This study asks two research questions. First, how many people get deported from Canada for security reasons and what are those reasons? This empirical study of deportation cases (2018–2020) finds that the number of national security and terrorism deportation cases in Canada is at a record high and that Canada’s deportation tribunal is the country’s busiest national security tribunal. Despite this volume, most cases (sixty per cent) turned on the same allegation. During the period under study, Canada regularly moved to deport members of the Bangladesh National Party (BNP), claiming that the group intentionally used terror-based tactics.

The second research …

Guess Who?: First-Time In-Court Identifications And Due Process, Natalie Beers

Washington and Lee Law Review

Juries believe eyewitnesses. When an identifying eyewitness takes the stand and points to a defendant in a courtroom, the jury is more likely to render a guilty verdict. But how reliable is that identification? What if the eyewitness is on the stand identifying a perpetrator for the first time, in the court room, rather than at the police station with a lineup or photo array? How do those suggestive circumstances implicate a criminal defendant’s due process rights?

First-time in-court identifications are inherently suggestive. While the Supreme Court has acknowledged the suggestive nature of similar identifications, it did not directly address …

Michigan's Youth Justice Reform: A Potholed But Sure Road To Change, Kimberly Thomas, Jason Smith

South Carolina Law Review

No abstract provided.

Penyelesaian Sengketa Investasi Internasional : Apakah Penyelesaian Dapat Dilakukan Melalui International Court Of Justice (Icj)?, Aisyah Hanifah Fathhurrohmah

Jurnal Hukum & Pembangunan

The International Court of Justice, also known as the ICJ, is the principal organ of the United Nations based in The Hague, Netherlands. This institution was established in 1945 to resolve disputes between countries peacefully. The authority of the International Court of Justice is divided into two categories: Ratione Personae jurisdiction, which pertains to who is eligible to bring a case to the ICJ, and Ratione Materiae jurisdiction, which concerns the types of disputes that the ICJ can handle. The ICJ's jurisdiction includes examining cases, providing opinions/advisories, and adjudicating disputes submitted to it. The ICJ is not limited to specific …

Perlindungan Hukum Bagi Pers Dalam Melaksanakan Kebebasan Pers Di Indonesia Dan Australia, Roshita Anggun Trisnaningrum, Adhitya Widya Kartika

Jurnal Hukum & Pembangunan

The press and democratic life are two inseparable things. The existence of the press has a crucial role in conveying information, providing education to the public, and as a means of social control. Freedom of the press is not only recognized internationally, but every country is obliged to provide legal protection for it. The urgency of this research from a constitutional law perspective is that the press is the fourth pillar of democracy (the fourth of estate). This issue is discussed to discover the similarities and differences in press law provisions between Indonesia and Australia as well as to improve, …

The Balancing Act: Human Rights And The Dynamics Of Border Control Policies, Allyson Monreal

Florida Atlantic University Undergraduate Law Journal

The crisis in immigration and border control presents a significant challenge to the field of human rights law, urging a thorough exploration of the overlap between migration policies and essential human rights.

Co-Stewardship In Practice: Yellowstone Bison, Patrick J. White

Public Land & Resources Law Review

No abstract provided.

James Mortensen V. Labor Commission, Quality Pool & Spa : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

AN APPEAL FROM THE LABOR COMMISSION OF UTAH

Jaceson Maughan/Christopher Hill Utah Labor Commissioner Labor Commission of Utah CODY G. KESLER RICHARDS BRANDT MILLER NELSON Attorneys for Respondents

Loren M. Lambert, No. 5101 Attorney for Appellant ARROW LEGAL SOLUTIONS GROUP, PC

Assessing Smart Nation Singapore As An International Model For Ai Responsibility, Philip L. Frana

International Journal on Responsibility

While AI and other smart technologies greatly contribute to material aspects of well-being, there are concerns that they threaten quality of life in Singapore. Smart technologies and digital governance have freed up labor for activities where human empathy and understanding are unique and indispensable, but also threaten to undermine human dignity and accountability. This paper undertakes a comprehensive assessment of Singapore as an international model for AI responsibility from the perspective of the history and philosophy of technological governance. It examines the evolution of regulatory frameworks, ethical considerations, and key legal documents and social initiatives shaping the nation’s approach to …

Authority With Procedural Justice: The Establishment And Enforcement Of Expectations Of Public Trust, Paris Desiree Eikanger Stoops

University Honors Theses

This thesis supposes all police officers should exercise authority with procedural justice, where implementation of nationwide procedural justice standards should explicitly prioritize establishing and enforcing expectations of public trust--justitia erga omnes. A qualitative temporal literary argument morally, ethically, socially, and democratically supported by a broad spectrum of criminal justice research, analyzed alongside traumatically racialized experiences, at the intersectionality of five administrations worth of sequent presidential crime policies and earth-shattering junctures in the lives of everyday Americans. Five brief companion analyses follow, exploring overlapping moral and ethical perspectives of dignity, respect, and fairness within contemporary policing in America.

The Health Risks Of Deportation: Impacts Of Family Separation On Relationships And Wellbeing In Latinx Communities, Shantay Rhea Rocha

University Honors Theses

Anti-immigration policy and deportation practices create multifaceted implications for Latinx communities in the United States. A comprehensive literature review drawing from public health and immigration studies was used to examine the direct and indirect implications of separation of families due to deportation. This thesis synthesizes existing research to illuminate the health threats pertaining to Latinx wellbeing in the context of being undocumented and fearing being separated from their family. Addressing the dimensions of deportation-related health risks, policy makers, health care professionals, and community organizations can work towards promoting Latinx health and well-being in the U.S. to mitigate the health consequences …

"Data Can Be Manipulated": How Prosecutors' Attitudes Toward Racial Disparities And Data-Informed Decision-Making Diverge, Maria Arndt, Rachel Silverthorn

Qualitative Criminology (QC)

"Research examining prosecutorial decision-making has grown considerably in recent years. Much of this research is focused on assessing unwarranted disparities in case processing outcomes using administrative case data. Comparatively few studies analyze prosecutors' perceptions using qualitative sources. Additionally, little is known about how prosecutors view their role in reducing racial disparities or how they can use data as a decisionmaking aid despite recent innovations in prosecutorial data collection capacity. The current study addresses this dearth of scholarship by analyzing interview data from two midsized Florida State Attorney’s Offices conducted in 2018. Results suggest two main groups of prosecutors: data-positive and …

The Dark Plea: One Of The Most Coercive Abuses Of Power Permitted In The Criminal Justice System, Michael P. Donnelly

Et Cetera

Most prosecutions in our criminal justice system are resolved by defendants entering ostensibly knowing and intelligent guilty pleas—often following negotiations with the state—before trial. But during my time as a trial judge, I encountered a different type of guilty plea, procured by the state when an already convicted offender sought to clear his or her name through an application for a new trial based on newly discovered evidence. I believe the “Dark Pleas” secured in these circumstances are one of the greatest abuses of power permitted in the criminal justice process.

This article sets down in writing a speech I …

The Second Amendment’S Domestic Violence Problem: How Rahimi Exposes The Flaws Of Bruen’S Problematic Historical Analogue Test, Conner Greene

Cleveland State Law Review

This Article exposes the flaws of the Supreme Court’s historical analogue test established in Bruen. It details how modern Second Amendment jurisprudence evolved to a tenuous position through Heller and McDonald where the Supreme Court seemingly acknowledged the applicability of means-end scrutiny to the Second Amendment, before the Supreme Court more recently repudiated its use in Bruen in lieu of an inherently flimsy history-only standard that fails to account for modern societal issues. This approach not only severely undermines modern gun regulations—unanimously upheld as constitutional pre-Bruen—but it elevates the Second Amendment to a special status unlike other …

Hurricane Katrina: When A Crisis Is An Opportunity In Government Innovation For Migration Solutions, Camilo Mantilla

Refugee Law & Migration Studies Brief

No abstract provided.

Human Rights In Texas: Analyzing Operation Lone Star Through A Human Rights Framework, Olivia S. Callan

Duke Journal of Comparative & International Law

In 2021, Texas Governor Greg Abbott launched Operation Lone Star (OLS) under the guise of border security. For over three years, OLS has threatened the lives of migrants and U.S. citizens alike. While advocates have primarily challenged OLS under U.S. state and federal law, this Note examines arguments based on the U.S.'s international treaty obligations, particularly emphasizing the importance of enforcing international mechanisms of accountability. This Note analyzes OLS under three international law treaties the U.S. has ratified: the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, and the …

Farmland And Forestland In An Era Of Climate Change: Hurricane Michael And Opportunities To Advance Rural Resilience, John Travis Marshall

Georgia Law Review

Catastrophic disasters fundamentally destabilize and reshape communities. They often cause loss of life and invariably inflict extensive property damage. Disabled individuals, the elderly, chronically ill persons, and families struggling to make ends meet are almost always left more vulnerable. Affected communities frequently experience population loss, a declining property tax base, and economic contraction. Over the last three decades, a string of major disasters has focused scholarly attention on their far-reaching impacts on large cities. Storms and earthquakes have reshaped urban landscapes and forced communities to reckon with their futures from San Francisco to Northridge, Houston to New Orleans, and Miami …

Empowering Family Forestland Owners To Reduce Wildfire Risk, Tom Lininger

Georgia Law Review

Wildfire risk is growing in the forested portion of the Wildland-Urban Interface, especially in the Western United States. Some commentators have suggested that the time has come for measures that would reduce the human presence in this area. In certain circumstances, however, family forestland owners have a salutary effect on forest resiliency. The attempt to exclude family forestland owners would create more problems than it would solve. A better strategy would be to assist family forestland owners in fireproofing their residences and improving the health of their forests.

Natural Gas Or National Gas–Would A Statewide Natural Gas Ban In New Development Violate The Commerce Clause?, Madison D. Montague

San Diego Journal of Climate & Energy Law

This Article analyzes: (1) the contours of a natural gas installation ban, how municipalities have incorporated these bans, and how the state government may pass a statewide ban; (2) the likelihood that these bans would place a substantial burden on interstate commerce; (3) who, if anyone, would have standing to sue to end these bans; and (4) whether anyone could prevail in an action against a ban on new gas development.

Rebuilding Trust In A Divided Community: An Integrated Approach, Shaphan Roberts

Pepperdine Dispute Resolution Law Journal

Metropolitan cities face a myriad of social challenges, including increased crime, homelessness, and declining business vitality. These issues are interrelated, demanding solutions that are multifaceted and systemic. Solutions backstopped by law enforcement are needed to foster an environment conducive to business growth, job creation, and reducing homelessness. However, a widespread lack of trust in local law enforcement complicates addressing these challenges, highlighting the importance of community engagement and cooperation for effective policing and crime prevention. A comprehensive approach is necessary to address these social challenges. Integrating the stakeholder and sectors models with insights from literature focusing on community policing, economic …

Letter From The Editor, Reeve Lanigan

Pepperdine Dispute Resolution Law Journal

To foster dialogue and encourage community engagement surrounding these issues, this year The Pepperdine Dispute Resolution Law Journal (DRLJ) hosted its annual symposium in collaboration with the Straus Institute for Dispute Resolution and the Weinstein International Foundation to explore how elements of alternative dispute resolution can apply to community policing strategies to prevent and deescalate crime. The symposium, “The Tactics of Resolution: Exploring International Innovation in Law Enforcement and Conflict Resolution,” brought students, law enforcement officials, academics, and policymakers together to engage in enriching conversations on how to establish safer and more harmonious global community

Commencement Program - Seton Hall University School Of Law Class Of 2024 Commencement Exercises

Graduation

No abstract provided.

"Extraordinary" Times Call For "Compelling" Measures: Reforming The First Step Act's Compassionate Release Mechanism For Noncitizen Detainees, Laura Jimenez Garcia

Georgia Law Review

Year after year, America’s carceral state reaches new and more concerning heights. In this era of mass incarceration and criminalization of immigration status, imprisonment costs have skyrocketed, and the quality of life in prisons has plummeted. In response, Congress passed the First Step Act in 2018, which reformed federal sentencing practices. The First Step Act allows federal criminal defendants to request compassionate release, either for several enumerated reasons or for “extraordinary and compelling” circumstances. In the Federal Sentencing Commission’s new Sentencing Guidelines, federal courts have the discretion to define what circumstances fit under the catch-all provision defining “extraordinary and compelling” …

Overcoming Recruitment And Retention Challenges In Law Enforcement: A Systematic Review, Richard Odin Segovia

Faculty Publications and Presentations

Purpose: This systematic review explores the recruitment and retention challenges in law enforcement, focusing on their impact on operational effectiveness and community safety. The goal is to synthesize existing literature to identify research gaps and suggest directions for future studies. By examining qualitative and quantitative research, this review aims to provide practical strategies to improve recruitment and retention in law enforcement. Methods: Searches were conducted using Google Scholar, JSTOR, and ProQuest to capture a broad range of law enforcement recruitment and retention studies. The selection process involved a systematic search that yielded 135 records. After removing duplicates, 42 studies were …

Rules & Laws For Civil Actions: 2025 Ed., Stella Burch Elias, Derek T. Muller, Jason Rantanen, Caroline Sheerin, Maya Steinitz

Books

Rules and Laws for Civil Actions is an open-access resource for law students containing the U.S. Constitution, Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate Procedure, and selected federal and state statutes. The book was created by a team of faculty members at the University of Iowa College of Law to supplement the study of Civil Procedure, Evidence, Constitutional Law, and other law school courses. In addition to containing the official text, each legal source found in Rules and Laws for Civil Actions is accompanied by an introductory section written by an Iowa Law professor …

Age Restrictions And The Right To Keep And Bear Arms, 1791–1868, Megan Walsh, Saul Cornell

Minnesota Law Review Vols. 106:2 onward (2021-present)

The disproportional misuse of firearms by eighteen-to-twenty-year-olds has long been a problem in America. The concerns are not novel. Nor are legislative responses to this problem a recent development in American law. These limitations are deeply rooted in American legal history. While minimum age gun laws routinely survived constitutional challenges before the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen, the majority of courts applying Bruen have struck down firearms restrictions based on age. Bruen fundamentally altered the way courts evaluate the constitutionality of firearms regulations, requiring them to judge modern gun laws based on …