Digital Commons Network^™

Ending School Brutality, Nicole Tuchinda

William & Mary Journal of Race, Gender, and Social Justice

Children, especially Black children, are killed, traumatized, injured, and terrorized through assaults, solitary confinement, inappropriate handcuffing, and other excessive applications of physical force upon children in public schools. The state employees enacting such maltreatment are not just police. They are mainly teachers, principals, and security guards, and they are given authorization by law for purposes of “educating,” “disciplining,” and “maintaining order” in public schools. Scientific research does not support the use of physical force to improve behavior, however. This Article describes the problem of school brutality, the excessive, unwarranted, and traumatizing use of physical force by state employees upon students. …

Fda's Accelerated Approval, Emergency Use Authorization, And Pre-Approval Access: Considerations For Use In Public Health Emergencies And Beyond, Christine Coughlin

North Carolina Journal of Law & Technology

No abstract provided.

Community Choice Aggregators, Biomass Energy, And California's Just Transition: A Case Study Of Ab 843 And Responsible Biomass Procurement Principles, Shalini Swaroop Esq., Alexandrea Mcgee

Colorado Environmental Law Journal

No abstract provided.

Playing Hot Pot-Ato: Does Biden’S Presidency Signal The End Of Federal Marijuana Prohibition?, Sara Snowden

Mercer Law Review

“Hot Potato is a very different game when the people playing are starving.” In the context of federal marijuana legalization, various branches and agencies within the government have long engaged in a game of political hot potato—tossing responsibility for legalization off into the hands of someone (anyone) else. These evasive maneuvers are not victimless. As an overwhelming majority of states have taken actions to legalize or decriminalize marijuana, unsuspecting citizens have been caught in the crosshairs between conflicting state and federal laws.

Take for example David Doe, a resident of Colorado, who suffered many afflictions. Three years ago, he was …

Exploring The Workplace Climate At Police Agencies During Civil Unrest And The Factors Influencing Officers' Participation In Black Lives Matter Protesting, Joshua R. Ruffin

Sociology & Criminal Justice Theses & Dissertations

Scholars have long documented the negative relationship between police and communities of color. While these findings are of great importance, research remains limited on how connected police officers are to social justice movements (e.g., Black Lives Matter, or BLM for short) and the purposes behind why they exist. Furthermore, many studies focusing on police officer experiences tend to examine officer experiences with protesters, with limited studies focusing on their experiences with other officers during civil unrest and on the factors that influence their participation in protest movements when off duty. To help fill this gap, this study utilized semi-structured interviews …

Periodontal Disease And Covid-19, Zhaozhao Chen Dds, Ms, Phd, Laurie K. Mccauley Dds, Ms, Phd, Purnima S. Kumar Bds, Ms, Phd, Hom-Lay Wang Dds, Ms, Phd

The Journal of the Michigan Dental Association

As the gateway to the respiratory system, the oral cavity can play an essential role in SARS-CoV-2 invasion and transmission. Besides high expression of angiotensin‐converting enzyme 2 (ACE2), the oral cavity can harbor viral particles in saliva, gingival crevicular fluid, and the periodontal pocket. Microbial and inflammatory associations closely link periodontitis and COVID-19. In this review, we summarize the possible oral manifestations of COVID‐19, its association with periodontal diseases, the plausible underlying mechanisms of microbial and inflammatory crosstalk between COVID‐19 and periodontal diseases, and mitigation protocols during periodontal treatment.

Policing Police Tech: A Soft Law Solution, Farhang Heydari, Barry Friedman, Max Isaacs, Katie Kinsey

Vanderbilt Law School Faculty Publications

Policing agencies are undergoing a rapid technological revolution. New products—with almost unfathomable capacities to collect, store, monitor, and transmit data about us—constantly are coming to market. In the hands of policing agencies, some of these products may promise real benefits to society. But too often these public safety benefits are unproven. And many of these products present real harms, including risks to privacy, freedom of speech, racial justice, and much more. Part of “public safety” is being safe from these harms as well.
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/="/">Despite these risks, new policing tech products continue to be adopted and deployed without sufficient …

Walking Back The System Trope: Reimagining Incarceration And The State Through A Spatial Theory Approach, Cody Hunter

All Dissertations

This dissertation critiques the systems theory approach to incarceration policy, practice, and research and proposes a rhetorically informed spatial theory approach as an alternative. Offering a non-hierarchical complexity theory as a bridge between systems and space, I then integrate rhetorical listening as a strategy for navigating and operationalizing our proposed spatial theory approach. I then apply our proposed methodology to archival research, focusing on the South Carolina Penitentiary as a case study, and offer two heuretic experiments to explore the range of this methodology for archival research. I also explore potential applications of this rhetorically informed spatial theory approach in …

Completing Expungement, Brian M. Murray

University of Richmond Law Review

The limits of expungement are where the hope for real reentry meet the desire for criminal justice transparency. That a criminal record, ordered expunged by a judge after a long and arduous process, continues to exist in the world of private actors is a cold, harsh reality for those attempting to reenter civil society. It is also reassurance for parents hiring a babysitter, school districts seeking new employees, and employers concerned about workplace liability. Not to mention, the thought that all records of criminal justice adjudication could be purged forever intuitively sounds Orwellian, even in an age where surveillance, whether …

A Simple Model Of Torts And Moral Wrongs, Steven Schaus

Notre Dame Law Review

According to the “standard model” of torts and moral wrongs—the model implicit in leading moral theories of tort law—tort law imposes genuine duties that are distinct from, and only roughly coincide with, our preexisting moral duties. A “tort,” on this model, is a distinctive kind of wrong, the breach of a tort-generated duty. In this Article, I suggest that moral theories of tort law start with a simpler story—one that dispenses with a distinct domain of tort-generated duties. According to what I call the “simple model” of torts and moral wrongs, tort law aims to recognize and respond directly to …

Independence And Liability In Civil Aviation Accident Investigations Through Annex 13 And The Montreal Convention, Joshua C. Moscow

Vanderbilt Journal of Transnational Law

International law governs the investigation of civil aviation accidents through the Chicago Convention and the International Civil Aviation Organization. Their standards, outlined primarily in Annex 13 to the Chicago Convention, require accident investigations to be conducted in an independent and impartial manner. Notwithstanding this requirement, a state with a nationalized airline may lead an Annex 13 investigation into an accident involving (essentially) itself. The conflict that arises when this occurs challenges Annex 13 independence-a challenge that may be difficult to avoid given the prevalence of nationalized airlines. While Annex 13 independence is threatened when a state assumes the role of …

A Memorial And Remonstrance Against Taxation Of Churches, Reece Barker

BYU Law Review

No abstract provided.

The First Amendment Weaponized: When Guns Become Public Discourse, Danny Li

William & Mary Bill of Rights Journal

This Article discusses First Amendment challenges asserted against gun control measures—inside and outside our courts. It explains at length why existing doctrinal approaches to resolving these challenges fail, providing an alternative account of why the First Amendment should not be construed liberally to protect the open carry of firearms. As guns in public spaces and protests become commonplace, we can expect not only continual First Amendment challenges to gun control measures, but also the growing prevalence of First Amendment claims asserted in the public by advocates and gun owners to justify open carry—and the forging of new constitutional meanings and …

Understanding Barriers To Sexual Assault Reporting Among Undergraduate Sorority Women, Isabella Rivera

Journal of Vincentian Social Action

This study aimed to examine the correlation between knowledge of sexual health and sexual assault, and the subsequent disclosure of sexual assault amongst undergraduate women in sororities at St. John’s University. During the academic year (2019-2020), the number of reported sexual assaults on campus was discrepant among the perception of the student body, with students believing there to be a higher number of incidents than reported to the University. Possible causes of the lack of formal sexual assault reporting were investigated. This included the knowledge of undergraduate women at St. John’s University pertaining to sexual health, reproductive health, university resources, …

Heirs Of An Administration: Unlawful Executive Actions, Jerome Perez

Catholic University Law Review

The Supreme Court of the United States in DHS v. Regents on June 18, 2020, decided to stall the Trump administration from rescinding the Deferred Action for Childhood Arrivals (DACA) policy that the Obama administration created contrary to the Administrative Procedures Act (APA)––even though in 2016 the Supreme Court affirmed a preliminary injunction on the Deferred Action for Parents of Americans (DAPA) policy, which mirrors DACA. This blunder offhandedly sacrifices the Supreme Court’s reputation as nonpartisan by enlisting itself as the future arbiter of administrative issues with self-evident resolutions and deciding contrary to those resolutions to endorse a political agenda. …

The Case Against Florida Statute §98.0751, Lyndsey Gallwitz

Akron Law Review

Felony disenfranchisement laws prevent millions of American citizens from voting. While the recent legal trend has been to eradicate felony disenfranchisement, each state currently has a unique framework, and the issue remains unsettled nationwide. In 2018, the state of Florida passed a constitutional amendment that allowed felons to regain their right to vote once their sentence was finished. Soon after, the Governor DeSantis signed Fla. Stat. Ann. § 98.0751 into law, which required felons to pay off all court cost before their right to vote will be restored. This new law prevented thousands of otherwise eligible felons from voting in …

You Have The Duty To Remain Silent: How Workplace Gag Rules Frustrate Police Accountability, Frank D. Lomonte, Jessica Terkovich

Akron Law Review

This Article traces the First Amendment caselaw that, for more than half a century, has sided with speakers facially challenging overbroad workplace policies that forbid sharing information with the press and public. The Article then reports on the results of a nationwide survey of police and sheriff’s department policies by the Brechner Center for Freedom of Information, concluding that well over half of the nation’s biggest law enforcement agencies have rules on the books that resemble—or are identical to—those struck down as unconstitutional when challenged, at times in defiance of binding circuit-level precedent. The Article examines why these legally dubious …

On The Elimination Of Cash Bail, Lucas Baudry

Honors Capstone Projects and Theses

No abstract provided.

Losing Dignity: Eroding Privacy Rights Of Immigrants In Technology-Based Immigration Enforcement, Inma Sumaita

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Covid-19 Policies At Sports Venues: The Nfl Should Have Required Attendees To Be Vaccinated, David Caudill

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Canada’S Emergencies Act: Responding To The Blockade Of An International Border, Justin Zarka

Cardozo International & Comparative Law Review (CICLR) Blog

On February 14, 2022, Canadian Prime Minster Justin Trudeau invoked the Emergencies Act in response to civil unrest in the country. The Emergencies Act is a federal law of Canada which provides the government substantial powers in the event of a national emergency. The Emergencies Act cannot be invoked unless there exists a national emergency as defined in the statute. The statute defines a national emergency as “an urgent and critical situation of a temporary nature that (a) seriously endangers the lives, health, or safety of Canadians” or “(b) seriously threatens the ability of the Government of Canada to preserve …

Rules Of Engagement: Copyright And Automated Gatekeepers’ Influence On Creative Expression, Michael W. Carroll

Seton Hall Law Review

No abstract provided.

Debt-Free Delinquency: Clearing The Path For Debt-Imprisoned Juveniles, Eileen Funnell

Seton Hall Law Review

No abstract provided.

Reexamining Social Worker Immunity In The Child Welfare Context, Sarah Schneider

Seton Hall Law Review

No abstract provided.

Protecting A Woman’S Right To Abortion During A Public Health Crisis, San Juanita Gonzalez

The Scholar: St. Mary's Law Review on Race and Social Justice

As COVID-19 infected our nation, states were quick to issue executive orders restricting various aspects of daily life under the pretense of public safety. It was clear at the outset that certain civil liberties were going to be tested. Among them, the constitutional right to an abortion.

This comment explores Texas’ response to the COVID-19 pandemic and the limitations it imposed on abortion access. It will attempt to address the legitimacy of the “public health concerns” listed in executive orders issued throughout numerous states and will discuss the pertinent legal framework and judicial scrutiny to apply.

According to the Fifth …

The 1994 Federal Crime Bill: An Evaluation Of The Past, Present, And Future Of Its Impact On The Criminal Justice System, Jade R. Philpot

Honors College Theses

The 1994 Violent Crime Control and Law Enforcement Act was signed into law in response to the crack cocaine and crime epidemic of the 1980s. In this thesis I address the major elements of this bill, the racial, financial, and ethical conflicts that arose thereafter, and the reforms that should be implemented today to correct said conflicts.

Judicial Retention Elections For State Appellate Judges: The Implications Of The Ballot-Access Cases, James F. Blumstein

Duke Journal of Constitutional Law & Public Policy

This Article considers methods by which state appellate court judges are selected. It focuses on the evolution of and rationale for the so-called merit-selection system, a hybrid approach that prevails in a substantial number of jurisdictions. Under merit selection, there is an initial gubernatorial appointment based on recommendations from a nominating committee and a retention election, which is limited to a single candidate and a single question: whether the initially appointed appellate judge should be retained so as to serve a new term. The retention election is a form of election that satisfies states' requirements that judges be elected. But …

Hiding In The Eye Of The Storm Cloud: How Cloud Act Agreements Expand U.S. Extraterritorial Investigatory Powers, Tim Cochrane

Duke Journal of Comparative & International Law

The United States and United Kingdom will soon implement a new reciprocal international law enforcement data sharing agreement (U.S.-UK Agreement), the first of its kind under the Clarifying Lawful Overseas Use of Data Act 2018 (CLOUD Act), which will enable law enforcement of one signatory state to directly request data from service providers based in the other state. The United States says CLOUD Act agreements simply remove conflicts of law and do not affect its jurisdiction over overseas providers, claiming these are strictly constrained by the personal jurisdiction requirement contained within the Constitution’s Fifth Amendment Due Process Clause. It is …

Strategies To Deter Child Pornography In The Absence Of A Mandatory Encryption Back Door: Tipster Programs, A Licensed Researcher System, Compelled Password Production, & Private Surveillance, Anthony Volini, Farzana Ahmed

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Confidential Settlements For Professional Malpractice, Sande L. Buhai

St. John's Law Review

(Excerpt)

A lawyer representing a plaintiff in a professional malpractice case advises her client not to file a complaint with the state regulatory body—the state bar, the medical board, or some other pertinent body—until later. The lawyer explains that she can offer to settle the case more favorably, more quickly, and at lower cost if they promise that, as part of the settlement, defendant’s malfeasance will never be reported to the state regulatory body responsible for ensuring professional competence in the area. This tactic may allow the client to negotiate a larger settlement because the defendant should be willing to …