Digital Commons Network^™

Policing In The Age Of Criminal Records, Eisha Jain

North Carolina Law Review

No abstract provided.

The Making Of A Juvenile Record: The Insidious Consequences Of Criminalizing Race, Adolescence, Disability, And Trauma, Kristin N. Henning, Rebba D. Omer

North Carolina Law Review

No abstract provided.

Desegregating Criminal Codes, Root And Branch: The Duty Not To Enforce Unconstitutional Laws, Gabriel J. Chin

North Carolina Law Review

No abstract provided.

Clean Slate, Dirty Data: An Audit Of Algorithmic Automated Criminal Expungement Laws, Colleen V. Chien

North Carolina Law Review

No abstract provided.

“17 Going On 23”: Sentencing Young People To Life In Canada, Debra Parkes

Dalhousie Law Journal

Canada is one of 67 countries worldwide that allows young people—those under the age of 18—to be sentenced to life imprisonment. In 2008, the Supreme Court of Canada recognized the presumption of diminished moral blameworthiness of young people as a constitutional principle of fundamental justice and invalidated a law that presumed youth should be sentenced as adults for some serious crimes, including murder. The burden is, therefore, always on the Crown to rebut the presumption and prove that a youth sentence would not be long enough to hold the young person accountable for their behaviour. Where the presumption can be …

Revolutions In Justice: Advancing The Rome Statute System To Fight Impunity In Future Wars, Lindsay Freeman

Chicago Journal of International Law

The modern system of international criminal justice, which was born out of World War II and built in its current form during the early 1990s, is both revolutionary and a relic. The ideals, innovation, and vision that created the international legal order were ground-breaking at the time but have failed to evolve at a pace that ensures its relevance and efficacy. The challenges we face today are drastically different from those in the period in which the framework was conceived, the institutions were formed, and the laws were drafted. While these changes have been incremental over several decades, technological advances …

False Criminalization And The Erosion Of Community Equity, Deborah N. Archer, Daniel S. Harawa

North Carolina Law Review

No abstract provided.

The Crime Victims' Rights Movement: Historical Foundations, Modern Ascendancy, And Future Aspirations, Paul G. Cassell

University of the Pacific Law Review

No abstract provided.

Repugnant Verdicts For $1000: Navigating The Intersection Of Double Jeopardy And Conflicting Verdicts In Mcelrath V. Georgia, Talia Levine

Mercer Law Review

“No man is to be brought into jeopardy of his life, more than once, for the same offense.” This ancient maxim, preserved in the Double Jeopardy Clause of the Fifth Amendment, is a hallmark of the American justice system. The Double Jeopardy Clause gives a criminal defendant the constitutional right not to be tried again for the same offense after being acquitted. This guarantee stands as “[p]erhaps the most fundamental rule in the history of double jeopardy jurisprudence.”

The Supreme Court of the United States has repeatedly upheld these principles; by refusing to allow retrial following an acquittal, the Court …

Redesigning Post-Incarceration Employment Tax Credits: Making Work Opportunity Credits Work For Former Felons, Stephanie Hunter Mcmahon

University of Michigan Journal of Law Reform

Former felons have a significantly higher unemployment rate than other groups of American workers. This unemployment increases recidivism as well as broader societal problems. Consequently, Congress enacted the Work Opportunity Tax Credit to encourage employers to hire former felons (and other groups of targeted workers) by offsetting their wages. For the credit to increase employment, employers must know whether potential workers would likely qualify for the credit before hiring decisions are made. However, the growing Ban the Box Movement seeks to defer or eliminate conviction history questions in hiring. After examining the credit’s stated purpose, its operating mechanism, and some …

Exonerees Working For Work's Benefits: Prison Work For Social Security And Medicare, Stephanie Hunter Mcmahon

Hofstra Law Review

Exonerated individuals are released from prison, but they cannot recover the time they were incarcerated. The time is gone, as is its potential to qualify for the nation’s social safety net. Most people earn a right to the safety net and for retirement through their employment; however, even when prisoners work, they are denied employment-related benefits that would be enjoyed by those not incarcerated. Inmate labor does not earn toward Social Security, Medicare, and Social Security Disability Insurance, and the exclusion applies even if the inmate is later exonerated of the crime for which they were imprisoned. Therefore, exonerees’ mandatory …

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, …

Symposium Introduction: Illuminating Public Health Struggles Behind Bars, Justin Iverson, Javiera Sothers

Nevada Law Journal

No abstract provided.

Keynote: Promoting Disability Equality Behind Bars, Margo Schlanger

Nevada Law Journal

No abstract provided.

Secretive Sheriffs: Opacity And Variation In California's Jail Responses To Covid-19, Aparna Komarla, Hadar Aviram

Nevada Law Journal

No abstract provided.

Exonerations For Wrongfully Convicted Disabled Inmates: The Path To Salvation Is Paved With Bad Intentions, Marc Consalo

Nevada Law Journal

No abstract provided.

From Australian Influence To Rohingya Refugees: A Systematic Literature Review Of Asylum Seekers And Refugees In Indonesia, Bilal Dewansyah

The Indonesian Journal of Socio-Legal Studies

The fact that Indonesia hosts asylum seekers and refugees attracted not only policy debate and media attention but also academic research. However, no systematic review has been conducted to assess the scholarly literature on this topic. This article is intended to fill this gap by presenting a systematic literature review (SLR) on asylum seekers and refugees in Indonesia. As a result, I found five major themes in the reviewed literature: (1) the focus on the Indonesia – Australia relationship; (2) people smuggling; (3) refugees’ journey and living conditions in Indonesia; (4) Rohingya refugees; (5) legal protection and refugee status. However, …

In Place Of Prison, Grace Y. Li

UC Law Journal

A new, previously unstudied institution is addressing felonies, including violent felonies of the highest levels, without imposing incarceration as the sanction. Attempts to abolish prisons, or at least reduce racialized mass incarceration, must consider how to respond to serious and violent crimes. This Article offers an analysis of a real-world, ongoing experiment in doing so.

The Manhattan Felony Alternative-to-Incarceration Court (“ATI Court”) is the first and, thus far, the only court in the country that systematically offers defendants of any demographic and any charge the opportunity to be diverted from the traditional criminal legal system and to avoid prison. Defendants …

Belonging Against The Odds: Exploring Restorative Justice Practices As Pathways To Foster Belonging In New York City Transfer Schools, Miguel Rodriguez

Dissertations, Theses, and Capstone Projects

The U.S. education system perpetuates structural inequities that disproportionately affect Black students with the School-to-Prison Pipeline (STPPL) criminalizing them through Zero-Tolerance policies. Transfer schools are often a last resort for students pushed out of traditional schools provide a lens to examine the impact of Restorative Justice Practices (RJP) and Black student representation on belonging. This quantitative dissertation study analyzes secondary data from the NYC Department of Education using multivariate models to explore the relationship between RJPs and sense of belonging (SOB). Model 1 found that discussing feelings and emotions at school (Tier 1 RJP) had the strongest association with SOB …

Menstrual Math: The Price Of Bleeding, Gabrielle Langston

Dissertations, Theses, and Capstone Projects

This project examines the landscape of menstrual equity in the United States through a data storytelling lens, focusing on state-level policies regarding taxation and access to menstrual products. The analysis explores which states impose sales tax on menstrual products, if state schools provide free menstrual products, and which states ensure access for incarcerated individuals using publicly available datasets from advocacy groups. Additionally, there is an investigation into potential correlations between the gender wage gap and states that tax menstrual products, shedding light on economic and policy disparities.

Through its data visualizations, this project aims to provide a clear, although not …

Beneath The Surface: Unearthing Legal, Cultural, And Environmental Challenges To Resource Extraction On Indigenous Land, Danara Greer

San Diego Journal of Climate & Energy Law

Much of the world’s natural capital lies on or beneath lands occupied by Indigenous peoples. Since the advent of colonialism, Indigenous communities have tirelessly safeguarded their land from encroachment by extractive industries. The contemporary consequences of resource extraction on Indigenous lands include environmental degradation and cultural heritage destruction. Rather than providing a legal pathway to self-determination, the United States Supreme Court has eroded tribal sovereignty and undermined the trust relationship between tribes and the federal government. American Indians and Alaska Natives are prohibited from tapping into their resource wealth by an intricate bureaucratic framework that dictates how resources may—and may …

Reigning In Rushed Recruiting, Jamie Abrams

Presentations

This presentation will survey the timeline shifts that have occurred in the large firm hiring market in the Capital Area region, the collateral consequences of these compressed timelines in LRW classrooms, and the role of the LRW community going forward.

School Of Law 2025 Commencement Information And Photographs May 16, 2025, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

المواجهة الجنائية للتحايل على عنوان بروتوكول الإنترنت في القانونين الإماراتي والليبي

UAEU Law Journal

Abstract

In the virtual world, criminals often attept to conceal their crimes and prevent detection by criminal justice agencies. They use many means and techniques for this purpose, and perhaps the most remarkable one is to circumvent the Internet Protocol (IP) address with the intent of committing a crime and obtaining its proceeds without being identified and held accountable by the criminal justice system.

There is no doubt that spoofing the IP address poses a significant problems to criminal justice agencies in their mission to investigat crimes and identify perpetrators.

The importance of this study lies in the necessity of …

Response To Six Interlocuters On The Topic Of Neuroscience And Responsibility, Michael S. Moore

The Journal of Contemporary Legal Issues

I am very pleased to be afforded the opportunity to respond to the edited and revised versions of the six papers that were discussed at the Rutgers Symposium in honor of my recent book. Each of these six papers raise excellent points that can serve as the springboard for deeper exploration of some of the salient issues raised in my book, and it is my aim in this response to take advantage of that opportunity. I am quite appreciative for the spur to intellectual progress that these papers and this symposium represents. By-and-large scholarship is a solitary enterprise but occasions …

Navigating Sovereignty And Human Rights: A Legal Analysis Of Palestinian Detention Under Israeli Jurisdiction In Comparison To International Law, Amani Nidal Odeh

Dissertations and Theses

This thesis examines whether Israeli detention practices of Palestinians conform to or contravene Israeli domestic legislation and international legal standards using a doctrinal legal analysis. This thesis evaluates six key areas through four hypotheses: the detention of minors, geographic disparities (particularly Gaza), administrative detention procedures, the use of military courts, due process violations, and detention conditions. While Israeli domestic law formally authorizes these practices, the analysis finds they routinely violate crucial international legal norms, including the ICCPR, CRC, CAT, and the Fourth Geneva Convention. The use of secret evidence, prolonged administrative detention without trial, and discriminatory legal frameworks undermines the …

Foia And The Use Of Ai In Government: Freedom Of Information Or An Empty Promise Of Openness?, Ronald L. Capaldi

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Lawyer As Advocate, Mark R. Brown, Jonathan Rapping, Christian Stegmaier

Mercer Law Review

Remarks from the Lawyer as Advocate panelists from the Mercer Law Review Annual Symposium, which was entitled Parts of a Whole: The Multiple Roles of the Lawyer and Professional Identity (Oct. 4, 2024). A recording of The Lawyer as Advocate panel may be found online at the following link: https://www.youtube.com/watch?v=Iixbw77DW_I [https://perma.cc/NQ4X-MW43]. Each of the panelists’ full biographies may be found online at the following link: https://guides.law.mercer.edu/ld.php?content_id=78269490 [https://per ma.cc/CAY7-MQUX].

Professional Roles Expanded: Holistic, Systemic, & Optimistic Lawyering, Douglas B. Ammar

Mercer Law Review

Last night’s keynote speaker—Mary Smith—suggested that there is often a connection between working with individuals (i.e., being an advocate) and seeking systemic change.1 Those connections rarely occur at the same time, during the same transactions. They seldom overlap They might not even be sequentially connected in time, but they are connected. One prepares you for the other—direct service lays the groundwork for system change.

For the first twenty years of our organization’s history, we focused solely on individual representation—on being someone’s lawyer as they faced a criminal charge. We did that work, and continue to represent individuals, in an iconoclastic …

Pleas And Prejudice: Examining Ineffective Assistance Of Counsel In Plea Bargaining After The Supreme Court’S Denial Of Certiorari In Davis V. United States, Casey R. Morrison

Seton Hall Law Review

No abstract provided.