Digital Commons Network^™

Civilian Enforcers, Karen Pita Loor

Faculty Scholarship

This Article analyzes the largely unexplored phenomenon of militant civilians engaged in efforts to police and silence activism that challenges entrenched American power systems and economic distributions placing whites atop the social hierarchy in the United States. I argue that this civilian enforcement is an unregulated vessel for state-sponsored violence meant to silence the contestation of the existing racial hierarchy. While scholars, myself included, have written about the many ways police confront and silence racial justice activists on the streets at least since the beginning of the Black Lives Matter (BLM) movement, the role law enforcement plays in silencing racial …

Looking Forward, Reflecting Back: The Promise Of Dispute Resolution To Reform The Criminal Legal System, Cynthia Alkon

Journal of Dispute Resolution

The criminal legal system in the United States is plagued by serious and systemic problems. There have been countless efforts at reform over the last many decades that have included changes in what is a crime, how crimes are punished, how prosecutors do their job, and changes in policing. Yet, despite these efforts, problems such as mass incarceration remain deeply embedded. It is easy to be swept up in pessimism when discussing the criminal legal system. Change is hard, at best incremental, and we seem to be in the beginning of an era of backlash against recent reforms. This is …

A Most Essential Power: The Case For Restoring Comprehensive Land Use Authority In Indian Country, Michelle Bryan

Public Land & Resources Law Review

Part I of this article provides a brief overview of allotment and its lingering jurisdictional quagmire on impacted reservations. Stepping outside of Indian Country, Part II then outlines the U.S. Supreme Court’s longstanding recognition of sweeping, area-wide government land use authority—authority it considers among the “most essential” and “least limitable.” The Court has never applied this established law when determining tribal sovereignty over land use. That application is long overdue.

Part III details how we arrived at this state of affairs—how tribes, despite starting with sovereign control over land use throughout their territories, experienced losses in that authority over time …

Voting As A Crime Prevention Strategy, Joseph R. Dole

DePaul Journal for Social Justice

No abstract provided.

Robbing The Cradle: Georgia's Battle To Enact "Raise The Age" Legislation Through Hb 462, Elizabeth Hammond

Georgia Criminal Law Review

In the state of Georgia, seventeen-year-olds are not old enough under the law to vote or consume alcohol and tobacco products. Despite this, they are old enough to be criminally tried as adults. Georgia is one of three states that continues to process seventeen-year-old juvenile offenders through the criminal justice system instead of juvenile court. In September 2023, forty-five juveniles were prosecuted as adults and incarcerated in Georgia prisons. This is significant because juvenile offenders experience better outcomes when they are processed through the juvenile court system because juvenile courts account for a youth’s “naturally high capacity for change and …

The Confined Life: Restrictions On Post-Conviction Sex Offenders Meets Habeas Corpus's "In Custody" Requirement, Christian Futch

Georgia Criminal Law Review

Clements v. Florida is a recent Eleventh Circuit decision holding that the court could not hear the habeas petition of a post-conviction sex offender in Florida since he failed to meet the “in custody” requirement for filing a habeas petition. However, the Eleventh Circuit did not consider the land restrictions in place against the petitioner and other sex offenders in Florida. This decision may leave sex offenders without an avenue to challenge the restrictions in place against them. Such restrictions have led to homelessness and poverty leaving sex offenders with no place to work or live, in poverty, as outcasts …

Using Blockchain Technology To Help Secure America's Defense Critical Infrastructure, Vimal Buck, Aerin Krebs, Brynn Hillard, Jakob Gerha, Joseph Lutma, Srikar Maduposu, Ted Allen

Military Cyber Affairs

Critical water infrastructure in the United States faces increasing cybersecurity threats from state-sponsored actors, with potentially devastating consequences for national security, economic stability, and public health. (Cybersecurity and Infrastructure Security Agency, 2025). This infrastructure supports defense critical assets and is actively being targeted by various state-sponsored hacking groups, which poses a major concern for civilians and military alike. K. Herath (personal communication, February 24, 2025) reported being aware of two attacks on Ohio water systems during his tenure as Cybersecurity Strategic Advisor to Ohio Governor Mike DeWine.

Water is essential to everyday life and defense and presents as a high-value …

Forward, Amy Hamilton

Military Cyber Affairs

No abstract provided.

Silicon Sentinels: Using Whistleblower Protections To Manage Information Asymmetry And Ai Risk, Jason Green-Lowe, Fynn Fehrenbach, Mark Reddish

Liberty University Law Review

In the rapidly evolving landscape of artificial intelligence (“AI”) development, policymakers face a critical challenge: obtaining accurate and timely information about the potential risks and impacts of advanced AI systems. This Article examines the pivotal role of whistleblower protections as a mechanism to address the information asymmetry between AI companies and government officials. Employees inside AI companies are uniquely positioned to share information that can help outside regulators make wise policy decisions, but employees might be reluctant to do so unless their decision to share that information is legally protected. We propose a comprehensive framework for AI whistleblower protections as …

The Measure Of A Man: Considering Science Fiction And Christianity In The Regulation Of Artificial Intelligence Models, Andrew P. Connors

Liberty University Law Review

Does artificial intelligence “think,” and if it does, what should the law do about it? This article examines popular culture and the Turing Test to assess whether artificial intelligence “thinks,” applying the author’s engineering background and his Christian worldview. The author concludes that artificial intelligence mimics rather than creates and considers the risks and benefits of artificial intelligence given that conclusion. The author suggests that legal regulation should be measured, leaving important decisions to humans while at the same time encouraging development of this important, misunderstood technology.

The Case For A Federal Data Privacy Law From A National Security Perspective - What The U.S. Can Learn From Overseas, Theodore H. Massey Iii

Student Journal of Information Privacy Law

The collection of personal data in the private sector has grown exponentially over the years, leading to an exponential growth in the theft and the purchase of personal data by criminals and foreign adversaries. While the United States has implemented EO 14117 and the Protecting Americans’ Data from Foreign Adversaries Act of 2024 to protect against the inherent national security risks associated with data privacy, the United States must create an omnibus federal privacy law if it wishes to mitigate the national security risk. This paper introduces the reader to the increase in personal data collected by private organizations and, …

Incorporating Restorative Justice Into Black-Letter Criminal Law, Shirin Bakhshay

Journal of Legal Education

No abstract provided.

Towards A Critical Legal Tech Education: A Decolonial Approach, Diego H. Alcalá Laboy

Seattle University Law Review Online

The intersection of law, technology, and decolonial theory offers a critical framework for exposing and challenging power asymmetries embedded in both legal and technological systems. Drawing from his experience as a criminal defense attorney and legal academic, Diego H. Alcalá Laboy critiques how surveillance technologies, often framed as tools for justice, disproportionately harm marginalized communities. Grounded in Latin American decolonial theory, particularly the modernity/coloniality/decoloniality triad and the concept of pluriversality, he argues for reimagining legal scholarship and pedagogy to disrupt Eurocentric and universalist assumptions. Using a colonizer/colonized framework, he advocates for bottom-up knowledge creation that centers the voices of those …

The Opioid Crisis: How The United States And Countries Abroad Are Making Strides, Maura Mcginnity

DePaul Journal of Health Care Law

The opioid epidemic has been an ongoing problem in the United States since the 1980s. The United States has had a very negative attitude towards individuals suffering from addiction. This attitude is clearly shown through the United States’ handling of the opioid crisis. Hundreds of thousands of individuals have died due to opioids. In the forty years since this epidemic became prevalent, the United States has still failed to implement a country-wide solution to combat the crisis. Certain states, like New York and Illinois, have made strides toward helping individuals suffering from opioid use disorder, but nationally, the country is …

Police Officer Recruitment And Retention: How Can The Problem Be Solved, Paul R. Eagleston

Doctoral Dissertations and Projects

This grounded theory study aimed to understand the issues with police officer recruitment and retention for police administrators nationwide. The theory guiding this study was the grounded theory approach by Glaser and Strauss (1967) as it relates to the reasons for the loss of interest in law enforcement, including an increase in officers resigning before retiring. Data collection will explore if the police administrator being interviewed has experienced increased difficulties in recruiting potential candidates to fill vacancies and an increase in police officers in their department resigning before retirement. Data was collected through semi-structured interviews with law enforcement administrators. Recruitment …

“They Don’T Want Us Anywhere”: The Impact Of Anti-Homelessness Laws On Unsheltered Residents Of Fort Worth, Texas, Brie Diamond

Qualitative Criminology (QC)

"Access to public space is not afforded equally amongst the population. Often, the people who must spend most of their time in these spaces, people experiencing homelessness, are barred by local or state law from being there. Fort Worth, Texas, implemented a camping ban in 2019 that prohibits camping on public or private property. This article explores the impact of this ban on unsheltered people experiencing homelessness using semi-structured interviews with 18 people residing in encampments across the city. The findings document the tangible and existential losses endured by this group and the impact on the perception of their place …

Campaigning For Change: How State-Level Groups Advocate For Legislative Sexual Offense Reform, Jennifer L. Wooldridge, Danielle J. S. Bailey, Stephanie Taulli

Qualitative Criminology (QC)

"In the criminal justice field, advocacy groups work to better the circumstances for specific groups of people facing perceived injustice. While some advocacy groups have been studied extensively, one type of group – sexual offense reform advocates – has been understudied. This is particularly problematic due to stigmatization and legislative differences in how individuals convicted of sex crimes are supervised compared those convicted of non-sexual offenses. These post-conviction differences make it necessary to better understand these advocacy groups and their processes when fighting for public policy change. The current study examines qualitative interviews conducted with affiliates of a national organization …

Sex Offender Prison Treatment Programs: Outdated Science Masquerading As A Legitimate Penological Objective, Shelby Jones

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Sex And Control In Redeemer Georgia, Anthony Michael Kreis

Georgia State University Law Review

This Essay explores the interplay of history, law, and morality behind the first abortion law in Georgia. Examining the philosophical underpinnings of liberty and equality as articulated in Georgia’s constitutional history through time, this Essay highlights the moral contradictions inherent in the legal frameworks of Reconstruction Georgia. The origin of Georgia’s 1876 abortion law contains multitudes—rooted in race-based contestations for political power, the sociological evolution of medical practice, and evolving attitudes on individual rights. At times, White elites used abortion to attack Yankee culture and stir up racist fears about moral contagion associated with Radical Republicans. To this end, when …

Medication Abortion And The Mails: The Ghost Of Anthony Comstock Rides Again?, Lars Noah

Georgia State University Law Review

Mail-order dispensing of the prescription drug mifepristone has become the latest flashpoint in this country’s long-running debate over abortion access. It also has brought back from the dead one of the oldest federal statutes to address that contentious subject. In their fight to limit access to a drug approved by the FDA one quarter of a century ago, abortion opponents have rediscovered the Comstock Act. Although amended on several occasions since 1873, Congress never managed to repeal or clarify its ambiguous language relating to abortion. On its narrowest reading, this provision would have no impact whatsoever on access to mifepristone; …

Taxing Morality: How Tax Law Defines Wealth, Justice, And Fairness, Doron Narotzki, Tamir Shanan

Georgia State University Law Review

Tax law is more than a fiscal framework; it is a moral compass that shapes society's values, governing who bears the burden and who reaps the benefits. Hidden within the tax code are moral judgments on wealth, privilege, responsibility, and fairness, making taxation one of the most profound expressions of social ethics. This Article argues that the tax system is not just a mechanism for raising revenue but is, and should continue to be, a legal tool for enforcing collective moral decisions about justice and equity. As the wealth gap widens and public discourse intensifies around tax fairness, the question …

What's Freedom Got To Do With It? Occupational Freedom And The Illusion Of Choice, Bojan Perovic

Georgia State University Law Review

This Article critically examines the concept of occupational freedom, arguing that the legal right to choose and pursue a profession, as enshrined in many constitutional systems, remains largely theoretical for vast segments of the population. While legal frameworks recognize occupational freedom, socioeconomic barriers, systemic discrimination, and cultural norms continue to impede genuine access to professions. Using historical examples like the exclusion of women from the legal profession or racial segregation under apartheid, this Article illustrates how law can act as both an instrument of oppression and a tool for progress.

Through a comparative analysis of case law from Germany, South …

Criminalization Of Homelessness: The Impact Of A Market-Oriented Approach, Gabriella M. Chioffi

Duke Journal of Comparative & International Law

Since the fourteenth century, countries have sought to criminalize unhoused individuals by labeling them as "vagrants." Currently, the United States and other countries continue to criminalize acts of sleeping rough, begging, loitering and other vagrancy-type activities that disproportionately target unhoused persons. Despite going through a period of decriminalization in the 1960s and 1970s, these punitive measures were largely reinstated by the 1990s. In the most extreme case, vagrancy criminalization was entrenched in a state's constitution. This Note contends that the reversion to punitive measures is triggered by a country's transition to a market-oriented approach that privatizes housing development and de-emphasizes …

Walking The Line On Safety And Free Speech: Sidestepping First Amendment Challenges To Median Bans, Taylor J. Black

New Mexico Law Review

In 2021, the Tenth Circuit held a ban targeting pedestrians on street medians in Albuquerque, New Mexico unconstitutional under the First Amendment. Citing a crisis of pedestrian fatalities, Albuquerque has since promulgated a new pedestrian-safety ordinance with an adjusted median ban that prohibits pedestrians from sitting or standing on certain street medians. This ban not only fails to increase pedestrian safety but also arbitrarily blames the city’s poorest residents and poses a threat to First Amendment freedoms. Because the city cannot produce case-specific evidence to show that the ban is narrowly tailored to ameliorate a nonspeculative harm, the current ban …

International Abolitionist Advocacy: The Rise Of Global Networks To Advance Human Rights And The Promise Of The Worldwise Campaign To Abolish Capital Punishment, John D. Bessler

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

The modern international human rights movement began with the U.N. Charter and the U.N. General Assembly’s adoption of the Universal Declaration of Human Rights. Although the movement to abolish the death penalty is rooted in the Enlightenment, global advocacy to halt executions and to abolish capital punishment has accelerated exponentially in recent decades. This Article discusses the origins of global networks to advance human rights and highlights the growing international advocacy, including by nation-states and nongovernmental organizations (“NGOs”), for a worldwide moratorium on executions and to abolish capital punishment altogether. The total number of countries conducting executions in the past …

"I'M Guilty, But I'M Not A War Criminal!": Fixing Treaty Crimes, Dyllan M. Taxman

Duke Journal of Constitutional Law & Public Policy

This Article examines the Supreme Court's test for treaty crime constitutionality against the gauntlet of time and application. Treaty crimes are criminal behavior violating statutes penalizing private individuals for disobeying the terms of an international treaty obligation. The current treaty crime test from Bond v. United States has produced inconsistent results resting on shaky constitutional grounds. This Article proposes a new test relying on constitutional delegations of authority and treaty drafting history to determine when a treaty crime statute violates the Tenth Amendment. It measures the new test's effectiveness by applying the test to cases in which the Bond test …

Vaccination Mandates And Civil Liberties, Sophia Choti

Florida Atlantic University Undergraduate Law Journal

Vaccination mandates in the United States sit at the crossroads of public health and individual freedoms, a complex and often controversial intersection. The enforcement of immunization policies has a long history of legal and ethical scrutiny, balancing the state's responsibility to protect its citizens with the constitutional rights individuals hold dear. The COVID-19 pandemic reignited this debate, amplifying existing tensions and presenting new challenges. This analysis argues that while vaccination mandates are constitutionally valid and essential for safeguarding public health, they must be designed with care to respect individual liberties and address modern challenges such as misinformation, inequities, and public …

Reexamining The Second Amendment: The Impact Of Police Militarization On Civilian Gun Ownership, Merin Ajith

Florida Atlantic University Undergraduate Law Journal

The increasing militarization of police forces in the United States contains profound implications on citizens’ Second Amendment rights, specifically concerning the ownership of weapons capable of mass violence. The original intent of the Second Amendment was not only to guarantee self-defense but also to safeguard citizens’ ability to resist a potentially tyrannical government. As police forces acquire military grade weaponry, some argue that civilians should have access to similar arms to maintain the balance of power between the state and its citizens, as outlined by the purpose of the Second Amendment. The historic use of violent police force to suppress …

“Any Black Man Will Do”: A Transparency Framework For Eyewitness Identification In The Facial Recognition Technology Era, Ariam O. Kiflemariam

Washington Journal of Social & Environmental Justice

No abstract provided.

Latino Threat Perceptions And Immigration Attitudes: An Examination Across Generations Of Latinos, Michelle Angel

Dissertations and Theses

Recently, immigration has been a major focus in U.S. politics, more importantly with the current administration pushing for the implementation of punitive immigration policies. Research shows that perceived Latino threat is associated with support of Trump and harsh border controls. While existing research has expanded the perceived Latino threat and punitive border control attitudes among non-Latinos, less is known about how perceived Latino threat and punitive border control attitudes function within their own group and how they might vary across different generations of Latinos. Accordingly, there has been a shift in Latino voting preferences, specifically across different generations of Latinos. …