Digital Commons Network^™

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 …

Complexities Of Appellate Law: Experiences And Perspectives Of Utah Indigent Appellate Attorneys, Whitney Howey, Stephanie Kathan, Jeremiah W. Jaggers, Chris Cambron

Qualitative Criminology (QC)

"Indigent appellate attorneys experience high stress due to their unique roles and responsibilities. Very little scientific research examines the lives and experiences of attorneys in the workplace. Characterizing and describing the variety of complexities and challenges Utah appellate attorneys face within their work provides information towards filling the profession’s gaps, stressors, and occupational needs. A sample of five Utah appellate attorneys were interviewed to better understand their perspectives and experiences in the workplace. We used thematic analysis to identify themes related to Utah appellate attorney experiences and perspectives. We identified four major themes from the data, including Personal approach, Working …

Puppycide By Gavel: How The Judiciary Uses The Police Killing Of Dogs To Reinforce Justifications For Police Violence, Jeremy J. Smith

Qualitative Criminology (QC)

"Police discharge their firearms more often at dogs than humans, and as a profession, kill thousands of dogs every year. The number of dogs killed by police during these encounters has government officials declaring that an “epidemic” is occurring within policing itself, with some commentators referring to this trend as “puppycide” or “canicide.” The purpose of this article is to examine how the judiciary rationalizes canicide, or the police killing of dogs, and the role canicide plays in the justification of police violence. To do this, the article provides a sociolegal and ethnographic content analysis of federal court cases and …

Cuba And The Constitution Of A Stable State Of Misery: Ideology, Economic Policy, And Popular Discipline, Larry Catá Backer

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

No abstract provided.

Exploiting Vulnerability: Human Trafficking As A Tool Of Genocide, Madison Bryant

Undergraduate Theses, Capstones, and Recitals

This thesis examines the relationship between human trafficking and genocide, arguing that when trafficking is used with the intent to destroy a targeted group, it should be understood and prosecuted as an act of genocide. While international law traditionally treats genocide and human trafficking as distinct crimes, historical and contemporary evidence reveals significant overlap in their mechanisms, motivations, and outcomes. Through a thematic analysis of three case studies, this research demonstrates how trafficking has been systematically employed to further genocidal objectives, including displacement, exploitation, cultural erasure, and the destruction of communities. The case studies are the genocide of Indigenous peoples …

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 …

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 …

The Improvement Regime: Public Trusts, Real Estates, And India’S Urban Futurities, Anwesha Ghosh

Articles

Over the last two decades, since scholarly writing on India witnessed an “urban turn,” numerous historians have analyzed the role of the improvement trust in the redevelopment of Indian cities in the twentieth century, most specifically those of Bombay, Calcutta, and Delhi. This paper revisits and reassesses some of their key arguments to suggest that rather than studying the “failures” of the individual trusts to foster sanitary built environments, we should pay attention to the contingent workings of the city trusts that were constitutively designed for such failures. Using a comparative analysis of the Bombay and Calcutta improvement trusts, this …

Examining The Impact Of Legalized Sports Gambling On Ncaa Athletes' Welfare And Game Integrity, Reem Al Jaradi

University Honors Theses

This thesis examines the effects of legalized sports gambling on NCAA player welfare and the integrity of competition through a mixed-method analysis of NCAA reports, academic literature, and media sources. Data disclose that although the overall prevalence of gambling among student-athletes has decreased, these individuals are demonstrating more detrimental behaviors, including solitary gaming and incurring substantial losses in a single day. The emphasis on internet abuse associated with betting results has escalated, especially during prominent tournaments. The NCAA's instructional programs and data-monitoring agreements are compromised by ethical issues surrounding data monetization and varying state gambling rules. The research contends that …

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 …

Employee Speech V. Workplace Values: A Defense Of At-Will Employment And Private Employer Regulation Of Political Speech, Isaac Mamaysky

Duke Law Journal Online

The public policy underlying at-will employment—and particularly our collective interest in freedom of choice in the employment relationship—weighs in favor of allowing employers to regulate their employees' political activities and thus align personnel decisions with organizational values.

Beginning with an exploration of the laws that somewhat limit employers' ability to regulate their employees' political activities, this Essay considers the National Labor Relations Act, Title VII of the Civil Rights Act, state anti-discrimination laws, state laws governing captive audience meetings, and state employment protections for political activity.

This Essay applies these laws to three increasingly prevalent employer practices: (1) prohibiting employees …

Codifying Capital: Legal Power, Racial Hierarchy, And The Gendered Dynamics Of Law, Tavia Andrew

University Honors Theses

This paper analyzes how law operates as a structuring force within racial capitalism by applying Austin Turk's "law as power" framework. It explores how legal institutions not only reflect but actively reproduce racial and gender hierarchies through their functions. Drawing from foundational work by Cedric Robinson, W.E.B. Du Bois, Angela Harris, Kimberlé Crenshaw, and others, this paper defines racial capitalism as a system in which economic exploitation is inseparable from racial and gender domination. The first section contextualizes the emergence of racial capitalism and its intersection with gender, emphasizing how bodies are commodified and governed through legal regimes. The core …

Justice Lewis Powell’S Quiet Luxury: From Bakke To Sffa, Lucille A. Jewel

Washington Journal of Social & Environmental Justice

No abstract provided.

Climatologist Mann's Defamation Suit Victory: Can It Resolve The Crisis Of Expertise, David S. Caudill

Faculty Publications

When a jury awarded one million dollars in punitive damages to climatologist Michael Mann, in his defamation suit against writer Mark Steyn (who accused Mann of scientific fraud), it was newsworthy, even surprising, because opinions regarding scientific matters are rarely actionable. And yet it was not seen as a groundbreaking event in terms of legal doctrine, since the outcome was easily justifiable— Steyn’s accusation was provably false. However, even if the Constitutional contours of defamation law did not change, the Mann verdict has far-reaching implications for a major contemporary social phenomenon, namely the so-called crisis of expertise, a term identifying …

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. …

Max Weber Vs Émile Durkheim: Pertarungan Paradigma Dalam Sosiologi Hukum Di Indonesia, Ilham Yuli Isdiyanto

Jurnal Hukum & Pembangunan

This study compares the thoughts of Max Weber and Emile Durkheim in the field of sociology of law and their relevance to the development of law in Indonesia. Weber emphasizes formal rational law through a positivistic approach, highlighting individual rationality in shaping social structures. In contrast, Durkheim views law as a tool of social solidarity rooted in morality and collective norms. This study employs a normative method integrated with hermeneutic philosophy, delving into the meaning of legal concepts through an in-depth interpretation of doctrines, theories, and legal literature. A descriptive-narrative analysis is conducted to understand the historical, social, and philosophical …

Listening Suppers At The Landing Place: Talking With Rockland-Area Youth About School, Work, & Life, Jillian Foley Mppm, Swathi Sivasubramanian, Timothy Atkinson, Olivia Eckert, Emma Schwartz

Justice Policy

This piece (June 2025) is a collaboration with our partners at The Landing Place to amplify youth voices and ideas for systems change that came out of a series of conversations with youth in Rockland, called Listening Suppers which aimed to inspire conversations about school, work, family, community supports, relationships, and more. This short brief highlights the themes that came out of these conversations including community strengths and assets, gaps and youth needs, and youth informed recommendations for change. While much of the conversations were specific to the local Rockland community, the challenges and solutions highlighted are similar to what …

Building Youth Hope: Assessing Community Assets And Opportunities For Supporting Youth Well-Being In The Sagadahoc County Area, Emma Schwartz, Jillian Foley, Timothy Atkinson

Justice Policy

This report aims to build upon previous research and provides updated information on community assets to support youth in the Sagadahoc County area. The report examines the strengths, challenges, and opportunities for community investment with the goal of improving outcomes related to youth hopefulness, belonging, and well-being. The project team engaged community members in a variety of asset mapping and data collection activities which are summarized in this report. The report authors also make recommendations related to expanding youth connections to informal supports and third places, ensuring access to a variety of assets that are responsive to their holistic needs, …

Climate Resilience: A Typology, Shi-Ling Hsu

UMKC Law Review

No abstract provided.

Multiplicity As An Ai Governance Principle, Michal Shur-Ofry

Indiana Law Journal

As AI becomes increasingly embedded in our daily lives, this Article explores one of its critical, yet overlooked, societal implications: the propensity of large language models (LLMs) to generate mainstream, standardized content, potentially narrowing their users’ worldviews.

Taking a close look at the technological underpinnings of LLMs, the analysis suggests that—due to the combination of human judgments, training datasets, and inherent features of the underlying technological paradigm—LLMs’ outputs are likely to be geared toward the popular and to project to their users concentrated, mainstream worldviews, sidelining a broader spectrum of perspectives. This Article explores the asymmetrical power relations between LLMs …

A Tale Of Two Cities: Collateral Consequences Of Misdemeanor Non-Convictions, Elizabeth Nevins-Saunders

Hofstra Law Review

No abstract provided.

Dark Patterns As Disloyal Design, Johanna Gunawan, Woodrow Hartzog, Neil Richards, David Choffnes, Christo Wilson

Indiana Law Journal

Lawmakers have started to regulate “dark patterns,” understood to be design practices meant to influence technology users’ decisions through manipulative or deceptive means. Most agree that dark patterns are undesirable, but open questions remain as to which design choices should be subjected to scrutiny, much less the best way to regulate them.

In this Article, we propose adapting the concept of dark patterns to better fit legal frameworks. Critics allege that the legal conceptualizations of dark patterns are overbroad, impractical, and counterproductive. We argue that law and policy conceptualizations of dark patterns suffer from three deficiencies: First, dark patterns lack …

People Power And Police Policy: How Denying Intervenors In Pattern-Or-Practice Police Litigation Undermines Police Accountability, Alexander Lindenfelser

Minnesota Journal of Law & Inequality

No abstract provided.

Prior Pay Parlay: The U.S. Federal Circuit Partly Adopts The Middle Ground Approach To Prior Pay Under The Equal Pay Act, Intisar Choudhury

Mercer Law Review

The United States Court of Appeals for the Federal Circuit deepened the circuit split over whether consideration of prior pay is a non-sex-based factor that can be used when setting employee wages. In Boyer v. United States, the plaintiff sued the United States under the Equal Pay Act (EPA) for the pay disparity between her and her male equivalent. The court’s decision highlighted how consideration of prior pay alone in setting employee salary can perpetuate the historical sex-based wage discrimination in the United States and frustrate the primary purpose of the EPA which is “equal pay for equal work.” The …

Crip Time, Castoriadis, And Transcending The Duty To Accommodate In The Workplace, Ravi Malhotra, Jacqueline Moizer

Dalhousie Law Journal

Disabled people often experience time in a manner that is distinct from able-bodied individuals. Disabled people may have shorter careers, have difficulty maintaining full-time employment, and may be forced to work part-time due to the impact of their impairments. Many disabled people face considerable barriers every day in accessing services to participate fully in the workplace, including accessible transportation and attendant services. These underfunded services are often late if delivered at all, wreaking havoc on the ability of workers with disabilities to plan their day and make firm commitments. Yet disability scholars have attempted to reclaim this experience as one …

Digital Investigations Of Systematic And Conflict-Related Sexual Violence: Practice And Possibilities, Alexa Koenig

Chicago Journal of International Law

This article discusses a new guide that has been developed to support the responsible use of digital open-source information to investigate systematic and conflict-related sexual violence (SCRSV). Drafted by the Institute for International Criminal Investigations and the Human Rights Center at UC Berkeley School of Law, the just-published pilot version of the Open- Source Practitioner’s Guide to the Murad Code aims to minimize the risks and maximize the potential for digital investigations into SCRSV. Part I of this article opens with a brief history of accountability for SCRSV, touching on the need to strengthen SCRSV investigations and providing a brief …

The Reign Of Cerberus: International Law And Technological Innovation, Paul B. Stephan

Chicago Journal of International Law

This Essay sketches an informal theory of the impact of technological change on international economics, and hence international relations expressed as international law. The theory points to a policy trilemma, something that I call Cerberus in a perhaps futile attempt at an arresting metaphor. The Essay uses the trilemma to illuminate the general trends in technology policy we see playing out in China, Europe, and the United States. It argues that we have the privilege of witnessing an ongoing natural experiment in optimal technology regulation and legal policy, with no guarantee as to which approach will prevail.

Of course, like …

Punitive Desire, Belief In Redeemability, And Support For Rehabilitation: A Comparison Of Victimized And Non-Victimized Individuals' Attitudes Toward Criminal Offenders, Caleb Linder

Student Theses

This study examined the attitudes of victimized and non-victimized individuals toward criminal offenders, investigating whether the supportive attitudes observed in Spoo et al. (2018) extend beyond sexual offenses to other types of crime. The study also explored how the perpetrator’s relationship to the victim (family member vs. stranger) and participants’ previous exposure to the justice system influenced their perceptions of offenders. Contrary to our hypothesis, punitive attitudes did not differ between participants with a history of victimization and those without. Additionally, there was no significant difference in punitive attitudes toward stranger offenders compared to offenders known to the victim. Furthermore, …