Digital Commons Network^™

Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences, Kyle Jenkins

St. Mary's Law Journal

No abstract provided.

International Agreements Shaping Migration Solutions, Camilo Mantilla

Refugee Law & Migration Studies Brief

In an increasingly complex and interdependent state of international relations, international treaty negotiation, adoption, and implementation constitute an important component of global foreign policy and activity of states. International agreements embody sovereign and state-to-state relations and behavior in a global forum. International agreements manifest in ways that vary in form, subject, formalities, parties, scope, forum and many other elements.

The Green Future And The Golden Past: Issues And Approaches Regarding The Sustainability Of Historical Structures And Sites, Steven Moctezuma

Pace Environmental Law Review

This Article illustrates the harmonies and conflict between historic preservation and environmental law in the context of urgently meeting climate change challenges. The Article presents an overarching analysis of the relationship between historic preservation and environmentalism, discerning unifying aspects and modern conflicts through statutory laws and case studies. It begins with detailing the parallel goals between the two causes, drawing on key similarities between the National Historic Preservation Act and the National Environmental Policy Act, the main tools for ensuring federal review for each field, and highlighting sustainable refurbishment as a prime example on achieving both ends with the same …

The Need To Reconceptualize Wild Animals Post-Covid 19: Miscoordination Of Wildlife Regulations In China’S Food Legal Order, Yi Seul Kim

Pace Environmental Law Review

Today, China is one of the largest markets for wild animal trading. Yet, wild animals are in a regulatory grey area. There is an increasing need to revisit how wild animals are simultaneously but differently regulated in the food and wildlife protection regimes. Rarely do attempts to understand these two regimes occur, making this article's analysis of miscoordination in these bodies of law crucial in addressing the hindrance of nationwide food safety improvement efforts.

Unfortunate But Ordinary: A Study Of Federal Court Approaches To Stays Of Removal, Talia Joundi

LLM Theses

Interlocutory decisions issued on stay of removal motions by the Federal Court of Canada remain under-studied. A leading reason for the limited research is that stay orders were not published or publicly accessible five years ago. Since then, changes to the Court’s policies regarding publication have increased the number of accessible stay orders. The outcome of a denied stay motion may result in the immediate deportation of a foreign national from Canada. Given the high-stakes nature of these decisions, it is imperative to critically examine stay motion procedures, laws, and trends against established human rights norms. This study presents an …

The Aftermath: How Cities Do And Don’T Enforce Accountability Following Police Killings, Olivia Cobb, Hannah Scifres

The Reporter: Social Justice Law Center Magazine

No abstract provided.

The Expungement Dilemma: Amended Ohio Rev. Cod Ann. § 2953.521(A) (West 2023), Eleanor Salsbury

The Reporter: Social Justice Law Center Magazine

No abstract provided.

Tracing The Roots Of A Poisonous Tree: On The Origins And Impact Of Criminal Terminology In A Civil Apprehension Scheme, Shani Mahiri King, Nicole Silvestri Hall

New Mexico Law Review

Language is powerful. It can affect how we think about and treat groups of people. Poor language choices have a massive impact on immigration law, an area of the law that determines how groups of perceived “outsiders” are classified and regulated. Language and bias in judicial opinions have been studied, but less research has been done on poor language choices in immigration statutes. This Comment focuses on the harmful effects of poor language choices in immigration statutes, including the criminal terminology “arrest” and “warrant” in civil immigration apprehension statutes 8 U.S.C. Sections 1226 and 1357. Two fundamental problems arise when …

The Outer Limits: Jury Discretion, District Court Deference, & Excessive Damages In Morga V. Fedex Ground Package Sys., Inc., Aaron Sharratt

New Mexico Law Review

What is the value of life? Courts and commentators have long debated the question of the inherent value of life in relation to the awarding of compensatory damages. The New Mexico Supreme Court’s recent decision affirming a record $165 million civil award in Morga v. FedEx again brings this debate into public view. The decision effectively shuts the door to the prospect of higher State courts overturning a jury’s noneconomic compensatory damages award based on an excessive verdict claim. The case highlights the district court’s power and discretion in awarding monetary damages for nonmonetary injuries and the implications of defense …

Committee Prosecution: Using Expert Opinion To Make Criminal Justice Descisions More Impactful, Ellison Berryhill

University of Michigan Journal of Law Reform Caveat

Those uninitiated to the reality of the United States’ criminal justice framework may believe that judges are the most powerful actors in the system. These casual observers watch crime shows filled with trials where judges make rulings and yell at people who are out of line. Viewers may believe in the adversarial system as a war between zealous prosecutors seeking justice and defense attorneys fighting for their client’s innocence. They may think of judges as neutral arbiter who makes the ultimate decisions. Unfortunately, that is not the case.

Alternatively, casual observers may think that the jury is the most powerful …

Governmental And Semi-Governmental Federal Charitable Entities, Ellen P. Aprill

UC Law Journal

The standard view of the relationship between government and the nonprofit charitable sector treats them as separate and distinct. But they are not. Numerous federal agencies have statutory authority to receive tax-deductible charitable deductions. Their ability to do so, however, undermines the oversight accomplished through the constitutionally mandated appropriations process. Congress has also created many nonprofit tax-exempt organizations. These entities enjoy flexibility as to fundraising, investment, and spending that government agencies lack. However, they avoid the accountability that various federal statutes impose on government agencies, on the one hand, and that state nonprofit laws accomplish for private nonprofit organizations, on …

Orientation 2023 : Roger Williams University School Of Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

To Protect Or Not To Protect?: Unveiling The Courts’ Failures To Hold Law Enforcement Accountable For Inadequate Responses To Mental Health Crises After Wilson V. Gregory, Carly Zdankowski

Cardozo Law Review

No abstract provided.

The Lived Experiences Of 911 Dispatchers With Compassion Fatigue: An Interpretive Phenomenology, Angela Johnson

Counseling & Human Services Theses & Dissertations

911 dispatchers are the “first” first responders in an emergency and play an intrinsic role in the public safety continuum. 911 dispatchers are exposed to daily and cumulative stress from the repeated empathic engagement of those they serve, and from shift work, staffing shortages, and inability to make mistakes. However, there is a dearth of peer reviewed literature on 911 dispatchers and compassion fatigue (CF). CF is described as the emotional and physical exhaustion experienced due to the constant exposure to the trauma of others. CF symptomology in 911 dispatchers has far reaching implications for not only the citizens …

Understanding The Crisis: The Evolution Of Indigent Defense In Oregon, Molly Pettit

University Honors Theses

On any given day in Oregon, hundreds of people charged with a crime do not have an attorney to represent them. Many of these people are in custody, and some face charges as serious as murder. How did our public defense system reach the point of crisis? What can be done about it? This paper provides a general overview of the right to counsel nationally before narrowing the focus to the state of Oregon. Using scholarly articles, historical documents, footnotes, meeting transcripts, and interviews, I explore the beginnings of court-appointed counsel in Oregon, and document how it has grown and …

Youthful Offenders Sentencing Trends In Pennsylvania, Monika Nwajei

All Theses

The overwhelming majority of existing literature on the effects of age on judicial sentence decision-making focuses on juveniles (ages 18 and below) and older adults. This paper focuses on offenders between the ages of 18-29, who fall legally outside the definition of juvenile, yet do not have the full brain development or clinical maturity of an adult to provide knowledge of sentencing outcomes for different populations and a well-rounded review and critique of judicial sentence decision-making (Johnson, Blum, & Giedd, 2009). Using a series of logistic regression analyses on the Pennsylvania Commission Sentencing (PCS) data from 2001 to 2018, I …

Office Of Attorney General Peter F. Neronha, Attorney General: Access To Public Records Act, Open Meetings Act, Attorney General, State Of Rhode Island, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez

Journal of the National Association of Administrative Law Judiciary

This article examines the historical pattern of denying immigration in the U.S. on moral and supposedly Christian grounds. Although it is reasonable that no nation is duty-bound to welcome every foreigner and provide the same benefits afforded those with full citizenship, this article contends that a genuinely Christian response demands the biblical core value of hospitality to others. Indeed, xenophobia is the antithesis of hospitality and cannot be supported by a faithful, exegetical interpretation of the Christian Bible. It should be noted that this article does not propose the emergence of an American theocracy; however, hospitality-based dialogue and humanitarian principles …

The Dark Matter Of Federal Indian Law: The Duty Of Protection, Matthew L.M. Fletcher

Maine Law Review

The United States and every federally recognized tribal nation originally entered into a sovereign-to-sovereign relationship highlighted by the duty of protection, an international customary law doctrine in which a larger, stronger sovereign, America in this case, agrees to “protect” the small, weaker sovereign, in this case, tribal nations. America agreed to this in exchange for massive, occasionally unquantifiable amounts of land and resources, as well as the power to control the external sovereign relations of the protected sovereign. The smaller sovereigns received protected reservation lands, hunting and fishing rights, small cash infusions, and the vague promise of protection. What tribal …

Complying With New And Existing Biometric Data Privacy Laws, Ariel Latzer

The Journal of Business, Entrepreneurship & the Law

After providing an overview of the history behind biometric information, this article will discuss the Illinois Biometric Privacy Act (BIPA)—which laid the foundation for biometric privacy regulations in the United States—and then discuss the California Consumer Privacy Act (CCPA) and its amendments in the California Privacy Rights Act (CPRA). It will also briefly touch on biometric information regulations in other states and then delve into how some notable companies are currently using individuals’ biometric information to give readers a general idea of what is happening to their personal information and highlight areas businesses should take note of in order to …

One Buffalo In Texas: Legal And Ethical Issues In Native American Gaming Operations, Tammy W. Cowart

The Journal of Business, Entrepreneurship & the Law

There are three federally recognized Native American tribes in Texas: the Alabama-Coushatta, the Ysleta del Sur Pueblo, and the Texas band of Oklahoma Kickapoo. The Kickapoo tribe is the only one allowed to operate a gaming center within the state of Texas, due solely to a federal law that the federal government passed thirty years ago. The Alabama-Coushatta and Ysleta del Sur Pueblo tribes are some of the only tribes prohibited from operating gaming operations under the Indian Gaming Regulatory Act. The result is detrimental to these tribes and the Texas economy. This paper will examine the history of the …

Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Advances in information technology have irrevocably changed the nature of war crimes investigations. The pursuit of accountability for the most serious crimes of concern to the international community now invariably requires access to digital evidence. The global reach of platforms like Facebook, YouTube, and Twitter means that much of that digital evidence is held by U.S. social media companies, and access to it is subject to the U.S. Stored Communications Act.

This is the first Article to look at the legal landscape facing international investigators seeking access to digital evidence regarding genocide, war crimes, crimes against humanity, and aggression. It …

Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca J. Hamilton

Georgia Law Review

Advances in information technology have irrevocably changed the nature of war crimes investigations. The pursuit of accountability for the most serious crimes of concern to the international community now invariably requires access to digital evidence. The global reach of platforms like Facebook, YouTube, and Twitter means that much of that digital evidence is held by U.S. social media companies, and access to it is subject to the U.S. Stored Communications Act.

This is the first Article to look at the legal landscape facing international investigators seeking access to digital evidence regarding genocide, war crimes, crimes against humanity, and aggression. It …

A License To Play: Regulating Location-Based Augmented Reality Gameplay On Public Property, Kate Johnson, Evan Ringel, Amanda Reid

Georgia Law Review

This novel research sits at the intersection of augmented reality gameplay and government licenses for use of public property. Governments have long used licensing schema to assure public safety and order. Augmented reality gameplay on public lands presents a new, contested use of public property. Under our proposed licensing scheme, those wishing to engage in location-based augmented reality (LoBAR) gameplay on public lands would need a license. This proposal is akin to how governments—federal, state, and municipal—have authorized permit schema for use of public property, including rock climbing, geocaching, street performing, and film photography. Our Article offers sample legislation for …

Destroying Defamation, Leslie Y. Garfield Tenzer

Elisabeth Haub School of Law Faculty Publications

Fake News is destroying defamation. The recent proliferation of rushed journalism, online conspiracy theories that almost every news story is, in fact, “Fake News,” have created a desert of veracity. Widespread public skepticism about even the most mainstream Internet reporting means plaintiffs will have difficulty convincing jurors that third parties believed any reported statement to be true. Without such proof, it is almost impossible for a plaintiff to prove the elements of defamation.

To establish defamation, a plaintiff must show defendant published an assertion of fact that is false and damages the plaintiff's reputation Hyperbolic language or other indications that …

Three Strategies For Improving Access To Civil Legal Assistance In South Carolina, Elizabeth Chambliss

South Carolina Law Review

No abstract provided.

Syringe Service Programs In Indiana: Moving Past The “Moral” Concerns Of Harm Reduction Towards Effective Legislation, Steven Nisi

Indiana Journal of Law and Social Equality

No abstract provided.

An Old Illness: How The United States Uses Racist And Xenophobic Ideas About Disease To Exclude Haitian Migrants During The Covid-19 Pandemic, Emily Mcconnville

Indiana Journal of Law and Social Equality

No abstract provided.

2023-2024 Fordham Law School Faculty Bibliography, Fordham Law School

Faculty Bibliography

Bibliography of Fordham Law School faculty publications in print from July 2023-June 2024.

Targeting Free Speech & Redefining Antisemitism: How Pro-Israel Actors Are Using Us Laws To Attack Palestinian Activism & Solidarity, Lara Friedman

University of the Pacific Law Review

No abstract provided.