Digital Commons Network^™

Empowering The Defense To Confront The Government's Powers: Virginia Criminal Justice Legal Reform, Bryan Kennedy, Catherine F. Zagurskie

Richmond Public Interest Law Review

During the 2021 Session and 2021 Special Session, Virginia took steps to

restore the balance between individuals ensnared in the criminal legal system

and the government. These new laws allow people who are involved in

the criminal legal system to emphasize their humanity and to hold the government

to its various burdens at all stages of the case, including pre-trial,

trials, sentencing, and appeal. This article discusses four of the most important

changes to Virginia law that ensure a more level playing field between

the government and the accused.

First, eliminating the presumption against bail challenges the government’s

power of …

Key

California Regulatory Law Reporter

No abstract provided.

Medical Board Of California, Tala Hughes, Divya Sriharan, Bridget Fogarty Gramme, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, Allison Plette, Jackson Sullivan, Julia Zeigler, Bridget Fogarty Gramme, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Justin Dalton, Andrew D. Kent, Riley Minkoff, Benjamin L. Sheinman, R. C. Fellmeth, Bridget Fogarty Gramme, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

“Goodbye, My Friencels”: An Analysis Of Incel Suicide Posts, Sarah E. Daly, Albina Laskovsov

Qualitative Criminology (QC)

While an increasing number of researchers, non-profit organizations, and law enforcement agencies have expressed growing concern about the relationship between involuntary celibates (i.e., incels) and violence, no research to date has examined the potential for suicide and self-harm among men who call themselves incels. This study examines suicide posts shared to incel sub-Reddits that were collected by u/IncelGraveyard (N=80). The posts reveal that the notes discuss six subordinate themes, including the method of their planned attempt, the ways they used the internet, the online incel community, failed alternatives and coping, the effects of their suicide on others, and the afterlife. …

Socialization Across The Three Stages Of The Correctional Services Of Canada's Correctional Officer Training Program: An Ethnographic Study, Rosemary Ricciardelli

Qualitative Criminology (QC)

The current ethnographic study reflects my participation in elements of the three stages of the correctional officer training program (CTP) offered by the Correctional Service of Canada (CSC). Unpacking my experience, I use Van Maanen and Schein (1977) theory of organizational socialization to analyze the formal and informal socialization processes inherent to the structure of the training academy. Thematic reflection on informal socialization processes reveal that the pressures tied to module content and testing reinforce values welcomed by CSC, such as organizational commitment, before the recruit’s arrival at the academy. Moreover, at the academy, where the emphasis remains on organizational …

Shame And Justice: Partners Of Individuals On Sex Offender Registries Encourage Policy Reform, Kristan N. Russell, Katie M. Snider, William P. Evans, Shawn C. Marsh

Qualitative Criminology (QC)

Sex offense registration and notification (SORN) policies can contribute to stigma and negative consequences for partners of registered individuals. The present study utilized a self-report questionnaire to ask these partners what they would say to policymakers if given the opportunity. A thematic analysis of the responses revealed three themes which highlight the distinct issues related to registries, describe direct consequences experienced by the partners, and propose changes to existing policy. This study provides valuable insight into the experiences of a hard-to-reach population and can help generate critical discussion around the sweeping impacts SORN policies have on individuals they were not …

Social Supports For Community Corrections Clients: Risk Factors Or Protective Factors?, Lacey Schaefer, Gemma C. Williams, Tenille Ford

Qualitative Criminology (QC)

The significance of social supports throughout an individual’s life-course has been widely documented. However, there is ambiguity about whether social supports are likely to encourage or discourage reoffending. The current study qualitatively examines the kinds of support offered to a sample of probationers and parolees by their social support networks through a thematic analysis of transcripts gained from semi-structured interviews with 15 clients and 16 of their “PoPPs” (parents/partners/peers of probationers and parolees). Results indicate that there are several forms of support provided by correctional clients’ loved ones. These forms of support were well-received by the clients who considered them …

An Explanation Of The Federal Income Tax Exemption For Charitable Organizations: A Theory Of Risk Compensation, Nina J. Crimm

Florida Law Review

No abstract provided.

Cyberlaundering: The Risks, The Responses, Sarah N. Welling, Andy G. Rickman

Florida Law Review

No abstract provided.

Estimating The Earnings Loss Associated With A Criminal Record And Suspended Driver’S License, Colleen Chien, Alexandra George, Srihari Shekhar, Robert Apel

Faculty Publications

No abstract provided.

Disgust And Guns: Conduct, Identity, And Second Amendment Animus, William D. Araiza

Northwestern University Law Review

In Second Amendment Animus, Professor Jacob Charles examines whether the burgeoning doctrine of unconstitutional animus should play any role in adjudicating Second Amendment claims. This Essay responds to Professor Charles’s important work. While it concludes that he is likely correct to reject animus as a grounding for Second Amendment claims, it points out areas where the analysis is more nuanced than he suggests. After considering Professor Charles’s analysis, the Essay examines the Second Amendment animus issue through the theoretical lens provided by Professor Martha Nussbaum’s work on disgust as a motivating factor for the types of exclusionary and subordinating …

Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick

D.C. Council Testimony

Statement of the District Task Force on Jails and Justice Before the Committee on the Judiciary and Public Safety of the Council of the District of Columbia. Performance Oversight Hearing for the D.C. Department of Corrections. Katherine S, Broderick. March 2, 2022.

Wisconsin's 2011 Act 108, Legislative Inaction, And Severe Racial Disparity: A Recipe For A Fair Housing Violation, Taylor N. Haefele

Marquette Benefits and Social Welfare Law Review

When individuals are released from prison, the biggest predictor of whether they will reoffend or successfully reenter society is whether the recently released individual has access to stable housing. Unfortunately, nearly every avenue to housing requires passing a criminal background check. Recognizing this as posing a nearly insurmountable barrier to accessing stable housing upon release from prison, Seattle, Washington; Minneapolis, Minnesota; and San Francisco, California have all enacted ordinances regulating the use of background checks to help ensure access to stable housing for formerly incarcerated individuals. Madison, Wisconsin, and other Wisconsin cities had similar ordinances that regulated the use of …

Dealing With U.S.-China Cultural Conflicts In Fcpa Enforcement: A Pluralistic Conflict-Of-Laws Approach, Ying Zhou

The University of New Hampshire Law Review

No abstract provided.

After The War On Drugs: Challenges Following Decriminalization, Tom Lininger

The University of New Hampshire Law Review

No abstract provided.

Adapting To A 4°C World, Karrigan Börk, Karen Bradshaw, Cinnamon P. Carlarne, Robin Kundis Craig, Sarah Fox, Joshua Ulan Galperin, Shi-Ling Hsu, Katrina F. Kuh, Kevin Lynch, Michele Okoh, Jessica Owley, Melissa Powers, Shannon Roesler, J.B. Ruhl, James Salzman, David Takacs, Clifford J. Villa

Elisabeth Haub School of Law Faculty Publications

The Paris Agreement's goal to hold warming to 1.5°-2°C above pre-industrial levels now appears unrealistic. Profs. Robin Kundis Craig and J.B. Ruhl have recently argued that because a 4°C world may be likely, we must recognize the disruptive consequences of such a world and respond by reimagining governance structures to meet the challenges of adapting to it. In this latest in a biannual series of essays, they and other members of the Environmental Law Collaborative explore what 4°C might mean for a variety of current legal doctrines, planning policies, governance structures, and institutions.

An Abolitionist Critique Of Violence, Allegra Mcleod

University of Chicago Law Review

The violence experienced by young people of color in the city is multidimensional—both interpersonal and structural. So many of the young have to swallow their rage as they are surveilled in stores and on the streets, as they are targeted by cops for endless stops and frisks, as they are denied jobs, as their schools are closed, and as they are locked in cages by the thousands. For some, the violations and the deprivation turn outward. The instrumental use of violence by some young people becomes a rational adaptive strategy in response to racial and economic oppression. For some of …

Capitalizing On Crisis: Chicago Policy Responses To Homicide Waves, 1920–2016, Robert Vargas, Chris Williams, Phillip O’Sullivan, Christina Cano

University of Chicago Law Review

This Essay investigates Chicago city-government policy responses to the four largest homicide waves in its history: 1920–1925, 1966–1970, 1987–1992, and 2016. Through spatial and historical methods, we discover that Chicago police and the mayor’s office misused data to advance agendas conceived prior to the start of the homicide waves. Specifically, in collaboration with mayors, the Chicago Police Department leveraged its monopoly over crime data to influence public narratives over homicide in ways that repeatedly (1) delegitimized Black social movements, (2) expanded policing, (3) framed homicide as an individual rather than systemic problem, and (4) exclusively credited police for homicide rate …

Mental Health History Is History: A Lifetime Ban On Gun Possession Due To History Of Involuntary Commitment Violates The Second Amendment, Laura E. Johnson

North Carolina Law Review

No abstract provided.

Constitutional Law—Large-Capacity Magazine Bans And The Second Amendment, Jared Self

University of Arkansas at Little Rock Law Review

No abstract provided.

Sb 174: Revising Georgia's List Of Bail Restricted Offenses, Natalie E. Delatour, Lauren Meeler

Georgia State University Law Review

The Act amends Georgia’s law relating to the general provisions regarding bond and recognizances by revising the list of bail restricted offenses through the addition of both misdemeanor and felony crimes. The Act authorizes appointed judges who are fulfilling a vacancy of an elected judge to issue certain bonds and an unsecured judicial release in certain circumstances.

Hb 255: Reform Related To Georgia's Sexual Assault Protocol, Kacey Baine, Kirsten Fehlan

Georgia State University Law Review

The Act includes various amendments to Georgia’s sexual assault protocol. First, the Act creates a statewide tracking system for sexual assault kits. The system will track the location and status of kits through the investigative process and allow sexual assault victims to track or receive updates. Second, the Act requires that law enforcement agencies investigating a homicide or attempted homicide thought to be serial, random, or sexually motivated input information into a national database maintained by the Federal Bureau of Investigation.

Hb 286: Restricting Local And Municipal Governments' Ability To Reduce Police Department Funding, Gia Franchi Souza, Casey Frew

Georgia State University Law Review

The Act primarily functions to restrict the ability of county and municipal or consolidated government authorities to reduce funding for county and municipal police departments. In addition, the Act provides exceptions for police departments with less than twenty-five officers.

Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0

Washington Law Review

RACE & WASHINGTON’S CRIMINAL JUSTICE SYSTEM:

EDITOR’S NOTE

As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade later, we are honored to join once again to present the findings of Task Force 2.0. Law journals have enabled generations of legal professionals to introduce, vet, and distribute new ideas, critiques of existing legal structures, and reflections …

Regulating Natural Gas Venting And Flaring As Waste: A Review Of The New Mexico Approach, Joseph A. Schremmer

Faculty Scholarship

Special issue: Law and Policy for Gas Flaring in a Low-Carbon Economy.

This essay interrogates the regulation of routine venting and flaring of natural gas as a source of prohibited “waste,” using New Mexico’s recently adopted Waste Rule as an example. It begins with a survey of both the environmental and economic benefits to be achieved by limiting or eliminating venting and flaring and the direct and indirect costs of doing so, including the forgone opportunity to produce crude oil. Then the essay explains the common law and statutory definitions of “waste” to demonstrate that the concept implicates a balancing …

The Democratizing Potential Of Algorithms?, Ngozi Okidegbe

Faculty Scholarship

Jurisdictions are increasingly embracing the use of pretrial risk assessment algorithms as a solution to the problem of mass pretrial incarceration. Conversations about the use of pretrial algorithms in legal scholarship have tended to focus on their opacity, determinativeness, reliability, validity, or their (in)ability to reduce high rates of incarceration as well as racial and socioeconomic disparities within the pretrial system. This Article breaks from this tendency, examining these algorithms from a democratization of criminal law perspective. Using this framework, it points out that currently employed algorithms are exclusionary of the viewpoints and values of the racially marginalized communities most …

Administrative Sabotage, David L. Noll

Michigan Law Review

Government can sabotage itself. From the president’s choice of agency heads to agency budgets, regulations, and litigating positions, presidents and their appointees have undermined the very programs they administer. But why would an agency try to put itself out of business? And how can agencies that are subject to an array of political and legal checks sabotage statutory programs?

This Article offers an account of the “what, why, and how” of administrative sabotage that answers those questions. It contends that sabotage reflects a distinct mode of agency action that is more permanent, more destructive, and more democratically illegitimate than more-studied …

Prospects For Reform? The Collapse Of Community Policing In Chicago, Wesley G. Skogan

University of Chicago Law Review

In an era of renewed enthusiasm for police reform, it could be instructive to examine how reforms—even successful reforms—fail. In the 1990s and 2000s, Chicago’s community-policing initiative was widely recognized as one of the most impressive in the country. In short order, it then collapsed. Community policing’s accomplishments were numerous, but it fell victim to issues commonly facing reform: money—especially the impact of economic downturns; leadership turnover and policy preferences; changes in the social, political, and crime environments; and the emergence of new technologies for responding to community concerns.