Digital Commons Network^™

American Star Chamber: Online Misinformation, Government Intervention, And The Intellectual Matrix Of The First Amendment, Emily E. Burton

Catholic University Journal of Law and Technology

Just as monarchs and clerical authorities struggled to respond to seditious and heretical writings enabled by the invention of the printing press, twenty-first century governments are experiencing a similar information revolution as a result of the digital age and a rising tide of what the United States has labeled online misinformation. Like the printing press, the Internet has enabled the spread of information at an exponentially lower cost and an exponentially higher speed as it extends the ability to publish thoughts and opinions to an increasingly diverse array of individuals. Although this was largely celebrated during the first two decades …

Taking Care Of Our Future: Considering Gender In Juvenile Reentry Reform, Delaney J. Dibble

Roger Williams University Law Review

No abstract provided.

Non-Judicial Recusals In Rhode Island: Empirical Evidence And Suggestions For Reform, Ross E. Cheit, Rose Lang-Maso

Roger Williams University Law Review

No abstract provided.

If It Can Make It There, It Can Make It Anywhere: How New York's "Green Amendment" Is Catalyzing Environmental Progress In Light Of Federal Failures, Zoe Zingale

Cardozo Journal of Equal Rights & Social Justice

The note examines the challenges faced by minority and low-income communities in seeking legal redress for environmental injustices, highlighting how federal legal avenues like Title VI of the Civil Rights Act of 1964 have been limited by Supreme Court rulings. It proposes that state-level Green Amendments, such as New York's, offer a promising alternative for these communities to assert their right to a healthy environment and seek relief from disparate environmental impacts.

The Difference A Da Makes, Victoria Smiegocki, Shem Vinton, Pamela R. Metzger

Faculty Journal Articles and Book Chapters

During his 2018 campaign to become Dallas County District Attorney, John Creuzot promised to decline prosecution of low-level marijuana misdemeanors. After his election, District Attorney Creuzot (DA Creuzot) honored this campaign promise, issuing policies designed to radically reduce misdemeanor marijuana prosecutions. Analyzing qualitative and quantitative data, the authors describe police enforcement changes associated with the Dallas County District Attorney's Office's (DAO) marijuana prosecution policies. The authors also explore how the DAO's Intake Unit successfully implemented and enforced these marijuana prosecution policies.

The authors show that DA Creuzot's policies were associated with a significant decrease in marijuana misdemeanor arrests and an …

Tailoring Biometric Innovation To Privacy Law In The Retail Industry, Bailey White

SMU Science and Technology Law Review

Biometric data technology is trending in retail. Retailers utilize biometric data to improve their bottom line through virtual try-on technology (VTOT), contactless payment methods, fingerprint scanners, and more—albeit at potentially steep prices. Many types of biometric technology used in retail fall under strict U.S. state privacy laws, exposing businesses to serious legal and financial consequences. This Comment provides an analysis of the current state of biometric data privacy law in the U.S., focusing on Illinois’ Biometric Information Privacy Act (BIPA), California’s Consumer Privacy Act (CCPA), Privacy Rights Act (CPRA), and more. This Comment also identifies proposed legislation, relevant case law, …

From Bulwark To Puppet: A Call To Democratize The Archaic Grand Jury, Maris Medina

Public Interest Law Reporter

No abstract provided.

Shotspotter And Chicago, Mehreen Tariq

Public Interest Law Reporter

On February 16, 2024, Mayor Brandon Johnson decided not to renew Chicago's contract with ShotSpotter. To better understand Mayor Johnson's reasoning, this article will explore Chicago's history with ShotSpotter, arguments from its proponents, concerns from those in opposition, and national takeaways from other municipalities that have faced a similar decision.

Can The Excessive Fines Clause Mitigate The Lfo Crisis? An Assessment Of The Caselaw, Michael O'Hear

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

The nation’s increasing use of fees, fines, forfeiture, and restitution has resulted in chronic debt burdens for millions of poor and working-class Americans. These legal financial obligations (LFOs) likely entrench racial and socioeconomic divides and contribute to the breakdown of trust in the police and courts in disadvantaged communities. One possible source of restraint on LFOs may be the Excessive Fines Clause of the Eighth Amendment. Largely ignored by courts and commentators for two centuries, the Clause has in recent years been the subject of a burgeoning volume of litigation and scholarship. The U.S. Supreme Court has decided a handful …

Curing Terry's Colorblindness, Ilan Friedmann-Grunstein

Publications

Scholars, policymakers, and advocates have long bemoaned the Supreme Court's colorblind Fourth Amendment jurisprudence. The Court has alternatively ignored or condoned racially discriminatory searches and seizures, allowing government agents to engage in widespread racial profiling. Proposed reforms have typically focused on doctrinal solutions that would limit police discretion or called for the reversal of Terry v. Ohio.

This Article provides a comprehensive doctrinal, regulatory, and legislative solution to racial discrimination in police investigations. It proposes a novel solution: adopting recent jury selection reforms aimed at preventing racism injury selection to combat racial profiling in searches and seizures. Several states, …

A Shift To Neutral Principles: Why Tort Liability Is Growing For Religious Institutions, Kyle M. Ryan

Student Works

No abstract provided.

The Constitutionality Of The Privatization Of The Prison Industry, Eric Gallant

Student Works

No abstract provided.

New York’S Domestic Violence Survivors Justice Act: A Second Chance For Survivors Or An Unattainable Freedom?, Kaitlyn D’Onofrio

Student Works

No abstract provided.

Combatting The Sexual Abuse To Prison Pipeline: Eliminating The Sex Offender Registration Requirement For Children Who Have Been Victims Of Sexual Abuse, Katherine I. Puzone

City University of New York Law Review

A recent study entitled The Sexual Abuse to Prison Pipeline: The Girls’ Story published by The Human Rights Center for Girls, the Georgetown Law Center on Poverty and Inequality and the Ms. Foundation for Women highlighted the correlation between high rates of sexual abuse of girls and girls’ involvement in the juvenile justice system. Sexual abuse is one of the most accurate predictors of girls’ entry into the juvenile justice system. Girls under eighteen are at very high risk of becoming victims of sexual violence. One in four American girls will experience some sort of sexual violence before the age …

The Road Less Traveled By: The Decision Of Whether To Bend To Societal Change In Revocation Of Pretrial Release For Medical Marijuana Use, Kathryn Larkin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—Eighth Amendment As Litigation Tool To Protect Marginalized Communities—Johnson V. City Of Grants Pass, 72 F.4th 868 (9th Cir. 2023), Bhumika Choudhary

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Long View Of Racial Disparities In Dangerousness Determinations, Joseph R. Spadoni

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Cognitive Decline And The Law, Case Western Reserve University School Of Law, Law-Medicine Center

Case Law-Med

• Message from the co-directors
• Newsflash
• Research roundup
• Faculty briefs
• Legal insights
• Noteworthy
• Top Ranked: Awards & accolades
• Cognitive decline and the law
• Unwavering advocacy
• Experiential education
• Joining the team

Environmental Justice Is A Civil Rights Issue, Dennis Chavez Memorial Lecture (Sept. 22, 2022), Secretary Deb Haaland

Natural Resources Journal

No abstract provided.

A Half-Century Of Pacific Salmon Saving Efforts: A Primer On Law, Policy, And Biology, Michael C. Blumm, Daniel J. Rohlf, Adam Eno

Natural Resources Journal

Pacific salmon, the signature species of the Pacific Northwest, have declined across their range for well over a century, due to a myriad of human-caused effects on their habitat and the fish themselves. Restoration efforts—some successful, some halting—began in earnest in the late 20th century, with considerable attention focused on the Columbia Basin, where historically salmon runs were crippled by a large interconnected hydroelectric system of federal and non-federal dams. In the 1980 Northwest Power Act, Congress created an interstate agency, the Northwest Power and Conservation Council, with access to a substantial amount of ratepayer dollars; the agency has chosen …

Adjusting The Focus: Addressing Privacy Concerns Raised By Police Body-Camera Footage, Dalton Primeaux

City University of New York Law Review

Many public safety advocates have called for the use of police body cameras to document the interactions between officers and the public. In light of the documented incidents of police violence and misconduct, some advocates and policy experts have urged law enforcement to use body cameras to discourage future wrongdoing and create a record of when such incidents do happen. In some states, body camera footage is considered public record and can be obtained upon request. Most policies concerning requests for the release of body camera footage require the chief of police to grant permission for sharing the video with …

Freedom Of The Press In Hungary & The United States: A Comparative Review, Zane Mcneill, Riley Clare Valentine

City University of New York Law Review

This paper compares both Hungary’s and the United States’ treatment of journalists’ freedom of expression and freedom of speech. Journalists in both Hungary and the United States face specific threats to these freedoms. Journalists face political pressure in Hungary and animosity and scrutiny in the United States under private consolidation. Additionally, coverage that is critical of the state and supports marginalized communities faces heightened scrutiny. Nonetheless, we contend that journalists within the United States have potential options in protecting their freedom of expression such as those indicated in Rodriguez-Cotto v. Pierluisi-Urrutia.

Private Security And Public Police, Ben Grunwald, John Rappaport, Michael Berg

Coase-Sandor Institute for Law & Economics Research Paper Series

Private security officers outnumber police by a wide margin, and the gap may be growing. As cities have claimed to defund the police, many have quietly expanded their use of private security, reallocating spending from the public to the private sector. It is difficult to know what to make of these trends, largely because we know so little about what private security looks like on the ground. On one prevalent view of the facts, a shift from public to private security would mean little more than a change of uniform, as the two labor markets are deeply intertwined. Indeed, academics, …

Revisioning Algorithms As A Black Feminist Project, Ngozi Okidegbe

Faculty Scholarship

We live in an age of predictive algorithms.¹ Jurisdictions across the country are utilizing algorithms to make or influence life-altering decisions in a host of governmental decision-making processes—criminal justice, education, and social assistance to name a few.² One justification given for this algorithmic turn concerns redressing historical and current inequalities within governmental decision-making.³ The hope is that the predictions produced by these predictive systems can correct this problem by providing decision-makers with the information needed to make fairer, more accurate, and consistent decisions.⁴ For instance, jurisdictions claim that their turn to risk assessment algorithms in bail, …

Human Rights In Hospitals: An End To Routine Shackling, Neil Singh Bedi, Nisha Mathur, Judy D. Wang, Avital Rech, Nancy Gaden, George J. Annas, Sondra S. Crosby

Faculty Scholarship

Medical students (NSB, NM, JDW) spearheaded revision of the policy and clinical practice for shackling incarcerated patients at Boston Medical Center (BMC), the largest safety net hospital in New England. In American hospitals, routine shackling of incarcerated patients with metal restraints is widespread—except for perinatal patients—regardless of consciousness, mobility, illness severity, or age. The modified policy includes individualized assessments and allows incarcerated patients to be unshackled if they meet defined criteria. The students also formed the Stop Shackling Patients Coalition (SSP Coalition) of clinicians, public health practitioners, human rights advocates, and community members determined to humanize the inpatient treatment of …

A Reasonable And Well-Reasoned Teaching Tool In Unreasonable Times, Jasmine Gonzales Rose

Faculty Scholarship

Devon Carbado’s most recent book, Unreasonable: Black Lives, Police Power, and the Fourth Amendment, is a must-read for anyone studying or concerned with criminal procedure or policing. Unlike some of Professor Carbado’s other work, the brilliance of this book is not necessarily new conceptualizations or theorizations—for which he is well known—but rather centers on accessible pedagogy. If you have studied race and policing, you are not likely to find a new case, study, or reference to scholarship in the book. But, you are going to understand anti-Black racism, policing, the Fourth Amendment, and their intersections better than you did …

Hidden In Plain Sight: Redefining The Field Of National Security, Aziza Ahmed

Faculty Scholarship

Throughout his campaign for presidency, Trump called for a ban on Muslims entering the United States. As President, he kept his word. Only days after he took office, the new administration released the first version of the Executive Order: Protecting the Nation From Foreign Terrorist Entry Into the United States. The first Executive Order, however, did not say the word Muslim. Instead, it listed only Muslim-majority countries as necessary for restrictions on entry. The Executive Order also trafficked in stereotypes about Muslims, such as the need to ban people who engage in acts of "bigotry or hatred," including honor killings. …

Prosecutorial Data Transparency And Data Justice, Caitlin Glass, Kat Albrecht, Perry Moriearty

Faculty Scholarship

The U.S. criminal legal system is notoriously racialized. Though Black and Latinx people make up less than 30% of U.S. residents, they constitute more than 50% of the nearly two million people currently in U.S. prisons and jails. For decades, research has indicated that one group of decision-makers has had an outsized influence on these numbers: prosecutors. From whom to charge to what sentences to recommend, no actor plays a greater role in determining who goes to prison in this country. Highly subjective and lacking in formal guidance and accountability, prosecutorial decisions are especially vulnerable to racial bias. They are …

“A Hot Day In Iqaluit”? Environmental Rights In Canada’S Constitutional Cul-De-Sac, Stepan Wood

All Faculty Publications

Proposals to include an explicit right to a healthy environment in Canada’s constitution have been advanced since the early 1970s, but Canada is stuck in a decades-long impasse that precludes substantial constitutional amendment. This article uses the metaphor of the cul-de-sac to explore the prospects for legal recognition of environmental rights in this situation. It canvasses past efforts to entrench general and Indigenous environmental rights in Canada’s constitution, introduces culs-de-sac metaphorical and real, and highlights the irony of one commentator’s 2005 quip that it will be “a hot day in Iqaluit” when Canada’s constitution undergoes significant amendment. It then surveys …

Moving Forward Together: Asian Americans And Allyship In A Non-Black-And-White America, Harvey Gee

University of San Francisco Law Review

No abstract provided.