Digital Commons Network^™

From Ballots To Bureaucrats: Who Is Really Holding Georgia’S Prosecutors Accountable?, Sutton M. Eggena

Mercer Law Review

In the modern justice system that we know today, prosecutors play a significant role in shaping the lives, reputations, and liberties the everyday American enjoys. Former United States Attorney General and Supreme Court Justice Robert H. Jackson once said, “[t]he prosecutor has more control over life, liberty, and reputation than any other person in America.” A prosecutor’s position in the criminal justice system is unlike any other, holding the power to decide who gets charged with a crime and the severity of those charges. This power has evolved, moving from a system where individuals and families had to fight for …

The Local Impact Of The International Standardization Of Transitional Justice: Lessons From The Ugandan Case, Thomas Hansen

Georgia Journal of International & Comparative Law

This Article examines how international transitional justice (TJ) standardization has influenced Uganda's TJ processes, exploring stakeholder perceptions, local implementation, and its implications for academics, policymakers, and practitioners.

Countries As Laboratories: Reflections On Sierra Leone’S Amended Anti-Human Trafficking Law, Andrea Dennis

Georgia Journal of International & Comparative Law

Sierra Leone’s improved anti-trafficking laws align with global norms, but enforcement remains weak due to socio-economic realities and Western deterrence mismatches, limiting effective prosecution despite recent legislative reforms.

Masthead, Gjicl Journal

Georgia Journal of International & Comparative Law

No abstract provided.

Originalism And Democratic Decline, Robin Maril

Maryland Law Review

No abstract provided.

Culpable Kids, Cara H. Drinan

Texas A&M Law Review

When a child commits a crime, how do states determine if that child is culpable? There are procedural rules that determine the forum for a minor’s trial and doctrines that limit children’s exposure to the most severe sentencing. But when it comes to culpability, states employ the same substantive law whether the defendant is 50 or 15. As this Article explains, that approach is profoundly flawed. In the early 21st century, in a series of cases known as the Miller trilogy, the United States Supreme Court established that youth are fundamentally different from adults and state sentencing practices must recognize …

Suspecting With Data, Mary D. Fan

Minnesota Law Review Vols. 106:2 onward (2021-present)

Our pooled consumer big data, such as the pictures we post or the location history and keyword search trails we leave, are generating new ways to solve crimes. Much of the commentary on big data search strategies such as keyword, geofence, and facial recognition searches fixate on Fourth Amendment search and seizure issues rather than evidentiary safeguards. This Article breaks new ground by framing evidentiary guardrails for big data searches to reduce the harms of erroneous arrests, redress secrecy, and counteract the mystique of machine infallibility. Advancing beyond over-reliance on Fourth Amendment doctrine, this Article illuminates how evidence law and …

Racial Disparities In Crime-Based Removal Proceedings, Emily Ryo, Ian Peacock, Weston Ley, Christopher Levesque

Minnesota Law Review Vols. 106:2 onward (2021-present)

Whether and to what extent racial minorities experience harsher treatment or face worse outcomes in court are questions of fundamental importance for any justice system. Questions of racial inequality are especially salient in the context of removal proceedings that are triggered by immigrants’ criminal history. Many individuals in crime-based removal proceedings are immigrants of color who face a host of legal disadvantages that are tantamount to double penalties for the same crime for which they have already been punished through the criminal justice system. This Article offers, for the first time, systematic empirical analyses of crime-based removal proceedings decided between …

Prevention Of And Response To International Crimes Against And Affecting Children, Diane Marie Amann

Scholarly Works

This submission endeavoured to aid the efforts of Parliament’s Standing Group on Atrocity Crimes to promote within the United Kingdom a comprehensive framework regarding international crimes. The submission stressed that prevention is the preferred course: ex ante prevention avoids present harms, inter-generational traumas, and future risks of retaliatory violence, while ex post responses, in the form of criminal proceedings, are likely to be random and selective, not comprehensive. It urged that when harm does occur, responses must aim not only to exact retribution, but also to repair injuries, heal societies, and foster peaceful settlements of disputes. To these ends, the …

Analyzing Florida’S Lgbtqia+ Censorship Laws And Their Anti-Democratic Attack On Education, Peyton Sibert

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

The past four years (2021-2024) have seen an increase in academic censorship laws and anti-LGTBQIA+ rhetoric across the United States. Florida, specifically, has established itself as a leader in discriminatory legislation. In this paper, the author analyzes four Florida laws: HB 1557, HB 1069, HB 7, and SB 266, along with the rise in book bans to consider both the pedagogical effects and negative impacts on the LGBTQIA+ community. These analyses will be juxtaposed with extant political rhetoric around these laws to expose a) the intent of the law b) the contradictions within and across laws and thereby c) the …

Comprehending The Influence Of Harassment And Stalking Laws On The Safety And Well-Being Of Victims In The Us, Khazayma Khan

Doctoral Dissertations and Projects

The purpose of this dissertation is to explore the problem of unresponsive law enforcement faced by legitimate victims of harassment and stalking in the United States and to ultimately develop recommendations to address the problem. A mixed method was used in which qualitative and quantitative data was gathered and analyzed. For this dissertation, a mixed method was applied using interviews, focus group discussions, and surveys to gather data among victims of harassment and stalking. The participants were recruited using convenience sampling in which victims of harassment and stalking were selected from relevant organizations, such as support services. A total of …

The Criminal Justice System And The Effect Of The Color-Blind Racial Ideology On Male Minorities Within Bell County, Texas, Teresa Ortiz Santos

Doctoral Dissertations and Projects

The phenomenological study aimed to define the color-blind racial ideology, understand the effect of the color-blind racist ideology on people of color and determine the perception of racial disparity within the criminal justice system by male minorities within Bell County, Texas. The critical race theory, also known as CRT, explains how the white privileged maintain their standing, allowing them to subjugate others based on their social rank. The author describes the racial disparity within the criminal justice system through the CRT. The author collected data from minority males and those over 18 years old. The information was gathered using a …

Silencing The Mockingbirds: Strengthening Legal Safeguards For Defamation Cases Involving Domestic Violence Allegations, Grace E. George

Ohio Northern University Law Review

No abstract provided.

Booked Or Buried In Texas: Risk Factors For Prebooking Suicide And Homicide Deaths Of Individuals With Sex Offenses, Nicole Moreira

Clinical Psychology Dissertations

Preventable deaths during law enforcement encounters, particularly those violent in nature, such as suicide and homicide deaths, are of considerable public concern. Prebooking, the law enforcement custody stage that includes arrest, serving warrants, wellness checks, traffic stops is often the most dangerous and fatal stage of custody. Despite being the most potentially dangerous and unpredictable of any custody stage, prebooking remains grossly understudied in comparison to jail and prison research, underscoring the need for focused research. To address this gap, the present study examines risk factors for suicide and homicide deaths among individuals with sex-related offenses during prebooking custody. Individuals …

Illuminating The Iceberg: Brain Science And Punitive Damages In Libel Cases, Catherine J. Cameron

Tulsa Law Review

No abstract provided.

Crystal Clear Disparities: The Failure Of Sentencing Guidelines And How They Repeatedly Contribute To Systematic Racism In The United States, Makayla Perez

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

No abstract provided.

Reasonable Suspicion And Racial Profiling In The Enforcement Of Immigration Laws In Arizona, George L. Wajackoyah

Walden Dissertations and Doctoral Studies

The delegation of immigration enforcement authority to local law enforcement under Section 287(g) raised concerns about increased racial profiling, fueling fear and distrust in immigrant communities. Understanding these effects aided in evaluating the broader impact of immigration policies on public safety and community relations. Grounded in critical race theory, this study explored how Section 287(g) enabled racial profiling by giving local law enforcement broad discretionary authority over immigration enforcement. A qualitative research design was employed using thematic analysis of interview data from 26 immigrants and law enforcement officers. Manual coding and NVivo software were utilized to conduct the analysis. The …

Knowledge And Punishment: The Prison-Industrial Complex And Epistemic Oppression, Lark Mulligan

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

No abstract provided.

We, “The People,” Deserve A Second Chance, Meghan Monahan

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

No abstract provided.

Chains Of Equity: How Nationwide Injunctions Are Unconstitutional, Irfan Mohamed

Themis: Research Journal of Justice Studies and Forensic Science

Since the early judicial beginnings in the English Courts of Chancery, the principles of equity have guided judicial remedies for centuries. Modern American courts inherited these principles through reception statutes passed by newly independent states, which adopted English common law, including the concept of equity as a means of providing narrowly tailored remedies to resolve specific injuries. This paper examines the historical foundations of equity and argues that nationwide injunctions, which extend beyond the immediate litigants to affect the general public, are inconsistent with these principles and, therefore, unconstitutional. A historical and doctrinal analysis of the English Court of Chancery, …

The Rape Kit Backlog: Problems And Solutions, Tracey Cao

Themis: Research Journal of Justice Studies and Forensic Science

This literature review examines the ongoing issue of rape kit backlog in the United States. Rape kits are a means of evidence collection from victims of sexual assault that can be used in court. Across the nation, many state jurisdictions have hundreds and thousands of rape kits left untested and locked away in storage facilities. Consent for testing, police bias, and funding issues are the main issues that will be addressed. Many victims choose not to have their kits tested. Other kits never get tested due to police choosing not to submit a kit due to their bias against some …

Incorporating Specialized Courses On The Prevention Of Sexual Misconduct In Policing Academies, Nina Nguyen

Themis: Research Journal of Justice Studies and Forensic Science

A major problem within law enforcement is police sexual misconduct (PSM), where law enforcement officers commit sexual offenses while using the power of their position. Bonds of loyalty and trust between fellow officers are strong enough that offenders have no worries about being reported, even if they are caught. Studies have shown that most offending officers were new to the field or recently completed their training at a policing academy. Since many of the officers committing PSM were fresh out of their training, it indicates that the academy is not training its recruits properly on topics of sexual assault and …

The Role Of Criminology In The Courtroom, Nia Mehroke

Themis: Research Journal of Justice Studies and Forensic Science

Criminology and expert witness testimony play a crucial role in modern-day court proceedings. Scientific data and insights utilized in criminology can assist with seeking justice and fairness. This essay aims to provide a basis for the history of criminology and define the practice. It will explore the evolution of criminology practices and how theories have developed that are still utilized today. Furthermore, it will discuss criminologists’ many contributions as expert witnesses, including the role of ethics that criminologists must follow in court. Some key ideas presented include the methodologies criminologists use to present evidence and what standard criminologists must follow …

Ai Governance In The Gaming Industry: A Proposal For A Use Case Registry, Cesar D. Lozoya Martinez

Student Research

Artificial intelligence (AI) is increasingly integrated into everyday life. From customer service chatbots and marketing strategies to player protection tools and surveillance systems, casino operations are embracing the trend. However, without a systematic framework to track the current and emerging use cases across the industry, concerns about transparency, ethical use, and potential consumer harm continue to grow. Rather than aiming to establish binding regulatory practices for an industry and technology that are both quickly evolving, this policy brief advocates for the creation of an AI-use case registry. The registry would comprehensively track gaming companies that are using AI. The growing …

Reimagining Law Enforcement Communication With The Black Deaf Community, Jeanelle Francis

Undergraduate University Honors Capstones

Law enforcement’s relationship with the Deaf community, particularly the African American/Black Deaf population, has historically been tense, leading to wrongful arrests, police brutality, and even fatalities. This capstone project examines the barriers to effective interaction between law enforcement and the Deaf community, specifically in first-encounter situations, highlighting the Black Deaf experience. Past research has addressed the language barriers that Deaf individuals face in situations such as traffic stops and legal proceedings. However, it rarely examines the specific experiences of Deaf Black/African American families impacted by police-induced trauma caused by an unfair power dynamic. This project is an exploratory study to …

Class Of 2025 Awards Ceremony, Notre Dame Law School

Commencement Programs

On Friday, May 16, Notre Dame Law School recognized its graduating students at the annual Awards Ceremony. Awards were presented for academic achievement, including Honor Roll, Dean’s Circle, Faculty Excellence, and Program of Study distinctions, as well as for excellence in writing, trial advocacy, and moot court. Students were also celebrated for their service to Notre Dame, their classmates, and the broader community. Below, we highlight a selection of this year’s awards and recipients.

Roger Williams University School Of Law Commencement Exercises (Program) 05-16-2025, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

Inclusive Workforce Development For An Equitable Low-Carbon Transition, Shannon Sanchez-Youngman, Gabriel Pacyniak, Melanie Sayuri Sonntag, Addison Fulton

Natural Resources Journal

The shift to a low-carbon economy will require a massive build out of low-carbon technologies, which in turn will require millions of new laborers with specific skills. Similarly, the decline of fossil-fuel industries will require retraining and new job opportunities for laborers in these fields. At the same time, there is an emerging scholarly focus on a “just transition” to a low-carbon economy. This essay conceptualizes inclusive workforce development as a key component of a just transition. Inclusive workforce development promotes policies that reach and effectively serve the broadest possible range of people and communities. In particular, inclusive workforce development …

Law School News: Rwu Class Of 2025 Urged To Embrace Discomfort, Pursue Their Dreams And Careers With Purpose 05-16-2025, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.

The Real Impact Of General Deterrence: Empirical Insights From The Robbery Data Of Three American Cities, Andrew W. Eichner

Catholic University Law Review

General deterrence theory relies on the critical assumption that prospective offenders will be deterred from committing crimes when they are aware of the apprehension and punishment of others. This idea has been reiterated across thousands of years of Western political thought and has significant implications in modern American criminal sentencing, though it has not been historically subjected to rigorous testing. The recent availability of voluminous crime data permits a deeper examination of the real impact of sentencings on crime trends and allows the opportunity for previously impossible analyses regarding the efficacy of general deterrence.

To examine whether there is evidence …