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Crisis Intervention Team Training And Use Of Force On Persons With Mental Illnesses, Xavier Aguirre

Electronic Theses, Projects, and Dissertations

The criminological literature on the effects of Crisis Intervention Training (CIT) among police in handling of crisis situations involving persons with mental illness (PMI) has emerged as a critical in modern policing. This study seeks to add to the literature on policing persons with mental illness by investigating the effects of CIT training, officer characteristics, and crisis incidences in the Seattle, Washington Police Department. There are two models that is used for this study. The first model focuses on the aforementioned factors in predicting police to use force in such incidents. The second model focus on officer dispositions. The data …

Putting Labor’S Capital To Work For Labor: Restoring A Worker-Centric Vision Of Fiduciary Duty, David H. Webber

Faculty Scholarship

This report has two goals: first, to illustrate how the legal concept of fiduciary duty, designed to protect worker retirement funds, has been captured and distorted in ways that harm workers. Second, to propose means of restoring fiduciary duty to its proper purpose. The state-level fiduciary duties addressed in this report govern the investment of up to $10 trillion in assets and directly shape the retirements of 26 million working-class Americans. They are also just about the only source of worker voice in capital markets and corporate boardrooms. That is why a range of powerful business lobbies have distorted the …

Othering In Immigration Laws, Andrea Wright, Quenten Jackson, Cesar Raymundo

Immigration Scholarship: History, Trends and Development in Global Immigration

The ethical wrongs in immigration laws severely impact what it means to be an immigrant American citizen. The Hispanic and Latino groups experience “citizenship” in the United States in a way that portrays them as uneducated and poor criminals, and this paper seeks to understand the reasoning behind this unfair reputation. In order to answer questions of ethics and law, this paper begins with studying the root of othering, regarding immigration in the United States. This research paper investigates the evolution of race-based exclusion laws in immigration and focuses on the relationship between these exclusion laws and race hierarchy in …

A More Grown-Up Response To Ordinary Adolescent Behaviors: Repealing Pins Laws To Protect And Empower D.C. Youth, Mae C. Quinn, Tierra Copeland, Tatyana Hopkins, Mary Brody

University of the District of Columbia Law Review

In February 2020, the District of Columbia (“District” or “D.C.”) Juvenile Justice Advisory Group (“JJAG”), issued an important report calling for decriminalization of “status offenses.” Status offenses are alleged youthful wrongdoings that are prosecuted in the District as “Persons in Need of Supervision” cases.1 This Position Paper provides additional support for JJAG’s recommendations. It offers guidance and suggestions to help the District successfully transition away from PINS prosecutions—while also ensuring community youth feel safe, supported, and empowered in their own lives as they transition to adulthood. The D.C. Metropolitan Police Department has historically been the enforcement arm to address youth …

Constitutional Law: Narrowing The Scope Of The Fourth Amendment, Tamra J. Carsten

Florida Law Review

No abstract provided.

Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs

Florida Law Review

No abstract provided.

Grandparent Visitation Statutes: Do Legislatures Know The Way To Carry The Sleigh Through The Wide And Drifting Law?, Maegen E. Peek

Florida Law Review

No abstract provided.

Disavowing The Warrant Presumption: Have The Exceptions Finally Swallowed The Rule?, Lawrence A. Dany

Florida Law Review

No abstract provided.

In Accordance With Public Outcry: Zoning Out Sex Offenders Through Residence Restrictions In Florida, Steven J. Wernick

Florida Law Review

No abstract provided.

Contract Theory And Contract Practice: Allocating Design Responsibility In The Construction Industry, Carl J. Circo

Florida Law Review

No abstract provided.

Tort Reform, Innovation, And Playground Design, Benjamin H. Barton

Florida Law Review

No abstract provided.

Unreasonable Seizure: "Stop And Identify" Statutes Create And Illusion Of Safety By Sacrificing Real Privacy, Peter Koclanes

Florida Law Review

No abstract provided.

On The Need For More Transnational Capacity, Amitai Etzioni

Florida Law Review

No abstract provided.

A Cruel And Unusual Applicaton Of The Proportionality Principle In Eighth Amendment Analysis, Blake J. Delaney

Florida Law Review

No abstract provided.

Puppy Love: Bioterrorism, Civil Rights, And Public Health, George J. Annas

Florida Law Review

No abstract provided.

When Terrorism Threatens Health: How Far Are Limitations On Personal And Economic Liberties Justified?, Lawrence O. Gostin

Florida Law Review

No abstract provided.

The Self-Incriminating Clause: Raising The Bar For Those Behind Bars, Lauren K. Gralnik

Florida Law Review

No abstract provided.

School-Choice Legislation: Constitutional Limitations On State Regulation Of Participating Parochial Schools After Zelman V. Simmons-Harris, Bonnie Daboll

Florida Law Review

No abstract provided.

Is There A "Mexican Exception" To The Fourth Amendment?, Alfredo Mirandé

Florida Law Review

No abstract provided.

Trademark Law & Consumer Safety, David A. Simon

Florida Law Review

Trademark law protects consumers and mark owners against economic harm. When consumers are confused about the source of a good or service, this increases consumer search costs or imposes reputational costs on trademark owners. But what happens when a pharmacist, confused by two similar drug names, accidentally prescribes estrogen instead of an antidepressant? Trademark law, in such cases, has adapted its core doctrine-likelihood of confusion-to protect the public from another kind of injury: physical harm. By lowering the standard required for confusion when physical harm could result, courts recognized that standard trademark analysis did not always capture the harms posed …

One Toke Over The (State) Line: Constitutional Limits On "Pot Tourism" Restrictions, Brannon P. Denning

Florida Law Review

This Essay examines the Colorado recommendation in light of two of those doctrines: the Privileges and Immunities Clause of Article IV, Section Two and the dormant Commerce Clause doctrine (DCCD). At first glance, Colorado's facially-discriminatory law appears to be almost certainly unconstitutional under current doctrine. This Essay will argue, however, that Colorado could make a compelling case that its law does pass constitutional muster. This argument is bolstered by the U.S. Supreme Court's recent treatment of both Privileges and Immunities and dormant Commerce Clause claims in McBurney v. Young, as well as recent federal guidance on enforcement of …

A Quantitative Study On Officer Proactivity Before And After Body-Worn Cameras Using Archived Data, Jessica Renee Smith

Doctoral Dissertations and Projects

This quantitative study aimed to determine if traffic stops and self-initiated activities for first-line patrol officers, from a large police agency in the Southern United States, decreased after body-worn cameras (BWCs) were issued. Additionally, this study attempted to determine if there was an effect on the crime rate after the cameras were issued. Body-worn cameras have been considered as a device to improve police-citizen relationships. While numerous studies find the cameras useful; some drawbacks regarding the BWCs are beginning to surface. The importance of this study will allow department leaders to make certain that body-worn cameras are adding value and …

Inaction As A State Response To The Coronavirus Outbreak: Unconstitutionality By Omission, Antonios Kouroutakis

Seattle University Law Review Online

The World Health Organization on March 11 declared the novel coronavirus outbreak a pandemic. While the pandemic was spreading across the globe, governments were under pressure to respond. Still, some countries during the first wave of the pandemic, in their first reaction, did not put in place any emergency regulations. Such reaction, which was a policy option, was an intended omission as lawmakers and policy makers decided not to take action and such emergency omission was a novelty and a paradox in emergency situations. Moreover, I argue that during emergencies governments have a distinct duty to act, and I offer …

Relationship Among Department Satisfaction, Training, And Police Behavior, Matthew Garvin

Master's Theses

The call for police reform has been sparked by incidents involving the shooting and killing of individuals by the police. Public and political scrutiny of police behavior and procedures has created a social identity of “Us Versus Them” mentality among police officers. Proactive policing strategies have diminished in response to the heightened scrutiny of police procedures and behavior, in turn, initiating a reduction in police protection and an increase in crime. While research has identified the importance of police presence, the literature does not yet answer questions regarding factors which influence police proactivity. To address the gap in understanding, this …

Firearms Regulation Through Constitutional Litigation, Hillel Y. Levin, Timothy D. Lytton

Scholarly Works

The U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen puts the Court firmly in charge of U.S. firearms policy. The decision also marks the beginning of a new era in which constitutional litigation will replace state and federal legislation as the primary means of resolving deep and enduring disagreements over how to regulate guns.

The Court’s Bruen decision contrasts with its decision in Dobbs v. Jackson Women’s Health Organization, overruling Roe v. Wade, where it declared that “the authority to regulate abortion is returned to the people and their elected representatives.” The …

Categorically Caged: The Case For Extending Early Release Eligibility To Inmates With Violent Offense Convictions, Jenna M. Codignotto

St. John's Law Review

(Excerpt)

Susan Farrell faced both physical and sexual abuse from her husband before he was killed in 1989. Although Ms. Farrell maintained her innocence and urged that it was her son who killed her husband, she was convicted of first-degree murder and conspiracy charges, resulting in a life sentence without parole. After serving thirty years of her sentence at the Michigan Department of Corrections, Ms. Farrell’s tragic life met a no less tragic end. In April 2020, one month after COVID-19 was declared a pandemic, Ms. Farrell seized in her cell for forty-five minutes before dying from the virus. She …

The Suspension Clause After Department Of Homeland Security V. Thuraissigiam, Jonathan Hafetz

St. John's Law Review

(Excerpt)

In June 2020, in Department of Homeland Security v. Thuraissigiam, the Supreme Court of the United States rejected a constitutional challenge to Congress’s decision to eliminate habeas corpus jurisdiction over legal challenges to expedited removal orders by noncitizens in federal detention.

In Thuraissigiam, U.S. border patrol stopped the petitioner, Vijayakumar Thuraissigiam, a Sri Lankan national of Tamil ethnicity, shortly after he crossed the U.S.-Mexico border without inspection or an entry document. The petitioner asserted that he was fleeing persecution in his home country and sought asylum in the United States. The asylum officer concluded that Thuraissigiam had …

Reforming Local Property For An Era Of National Decline, Daniel B. Rosenbaum

Buffalo Law Review

Following a century of rapid growth, the global human population is predicted to crest and then decline in the coming generations. Some industrialized countries are already grappling with the economic and societal consequences of population loss. Others, including the United States, have only started to realize that decline might arrive on their doorsteps far sooner than originally anticipated, a prospect for which policymakers and legal scholars are presently unprepared.

Global and national demographic change threaten to cause far-reaching dislocations, and local municipalities, too, will be asked to reckon with the aftermath. Yet local governance in the United States has long …

To License Or Not To License Reexamined: An Updated Report On Licensing Of Digital Examiners Under State Private Investigator Statutes, Thomas Lonardo, Alan Rea, Doug White

Journal of Digital Forensics, Security and Law

In this update to the 2015 study, the authors examine US state statutes and regulations relating to licensing and enforcement of Digital Examiner functions under each state’s private investigator/detective statute. As with the prior studies, the authors find that very few state statutes explicitly distinguish between Private Investigators (PI) and Digital Examiners (DE), and when they do, they either explicitly require a license or exempt them from the licensing statute. As noted in the previous 2015 study there is a minor trend in which some states are moving to exempt DE from PI licensing requirements. We examine this trend as …

Hiding In Plain Language: A Solution To The Pandemic Riddle Of A Suspended Grand Jury, An Expiring Statute Of Limitations, And The Fifth Amendment, Nicole D. Mariani

University of Miami Law Review

Under the statute of limitations applicable to most federal crimes, 18 U.S.C. § 3282(a), “no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.” That long-standing, generally uncontroversial procedural statute was thrust into the spotlight in 2020, when courts, prosecutors, and criminal defendants confronted an unprecedented and extraordinary scenario.
In response to the COVID-19 pandemic, many federal district courts suspended grand juries to prevent the spread of the highly contagious life-threatening virus through group congregation. Indeed, …