Digital Commons Network^™

Compelled Expression: Maynard V. Wooley, Maine Law Review

Maine Law Review

In 1969, the New Hampshire legislature enacted a law requiring that the state motto, "Live Free or Die," be displayed on all license plates for noncommercial vehicles. Many individuals in New Hampshire objected to the motto for various religious or philosophical reasons, and several decided to obliterate the motto by placing tape or painting over it. After numerous prosecutions under the license plate defacement statute, the constitutionality of the law was challenged as it applied to the obliteration of the motto. In 1972, the New Hampshire Supreme Court in State v. Hoskin held that the law did not violate the …

The Burden Of Proof And The Insanity Defense After Mullaney V. Wilbur, Maine Law Review

Maine Law Review

In 1970, the Supreme Court of the United States in the case of In re Winship specified an evidentiary standard of proof for criminal prosecutions as a requirement of the due process clause of the 14th amendment: "Lest there remain any doubt about the constitutional stature of the reasonable doubt-standard, we explicitly hold that the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged." Five years later, in Mullaney v. Wilbur, the Court extended Winship to invalidate Maine's statutory scheme of …

Constitutional And Legislative Issues Raised By The Entrapment Defense In Maine, Maine Law Review

Maine Law Review

In recent years the increase in undercover investigative activity by police agents has generated considerable interest in the defense of entrapment. The entrapment defense to a criminal prosecution has been recognized either judicially or legislatively in most jurisdictions in the United States. The proper formulation of the defense, however, has given rise to conflicting opinions involving various evidentiary and constitutional considerations. In raising the defense of entrapment, a defendant does not deny that he committed the acts constituting the crime, but rather asserts that, on grounds of public policy, he should not be convicted. In Maine, the defense of entrapment …

The Validity Of The Restrictions On The Modern Advisory Opinion, Maine Law Review

Maine Law Review

In 1831 the Maine House of Representatives, relying on its constitutional authority to request advisory opinions, sought the counsel of the Justices of the Supreme Judicial Court regarding voting requirements for the election of state officers. Because the House was about to adjourn, it requested that the Justices forward their answers to the Governor for publication. The Justices, without mentioning any constitutional limitation on their power to answer questions propounded by the Governor or the Legislature, complied with this request. One hundred and forty years later, the Senate requested the Justices' advice regarding the reapportionment of the House of Representatives. …

Defense Of Nonintercourse Act Claims: The Requirement Of Tribal Existence, James D. St. Clair, William F. Lee

Maine Law Review

On August 26, 1976, a group of persons claiming to be the "Mashpee Indian Tribe" commenced suit in the United States District Court for the District of Massachusetts against 146 named defendants alleging, inter alia, these named defendants to be representative of a class of defendants asserting interests in and title to a tract of land comprising all but a small fraction of the Town of Mashpee, Massachusetts. Specifically, the Mashpee plaintiff claimed that all persons asserting an interest in or title to the land in the Town of Mashpee obtained that interest or title in violation of section 12 …

Central Park 5~ Rape, Racism, & False Confessions, Harleigh D. Smith

SACAD: Scholarly Activities

Racism is a predominant factor that has been induced and intertwined within the criminal justice system for decades. Racism also played a critical in many historical movements and protests throughout time, about the criminal justice system. “Racism is the belief that groups of humans possess different behavioral traits corresponding to physical appearance and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism directed against others because they are of a different race or ethnicity.” Racism can happen anywhere, anytime, to anyone, and that is what was used to falsely …

The Development And Consequences Of The "Good Faith" Exception To The Exclusionary Rule And The Qualified "Good Faith" Immunity From Liability Under Section 1983, Philip M. Coffin Iii, Paul F. Driscoll

Maine Law Review

The remedies fashioned to redress violations of the fourth amendment to the United States Constitution continue to be the subject of much judicial, legislative, and scholarly inquiry. In striking the balance between the need to protect individual freedom and the need to protect society from criminal activity, the Supreme Court and Congress have developed two principal remedies for fourth amendment violations: the exclusionary rule and civil actions under 42 U.S.C. § 1983 or under theories of constitutional tort. on the development of both of these remedies it is assumed that their effectiveness is the true measure of fourth amendment liberties. …

Small Claims Mediation In Maine: An Empirical Assessment, Craig A. Mcewen, Richard J. Maiman

Maine Law Review

In recent years considerable attention has been paid in the United States to the development of informal "alternatives to court" as part of a world-wide access to justice movement. Of these alternatives to courts, mediation contrasts most sharply with adjudication and, in theory, promises much by way of decreasing the alienation of citizens when it is made an adjunct to the formal judicial process. The contrast and promise stem largely from the participatory and consensual character of the mediation process. A third party to the dispute—the mediator—encourages the parties to find a mutually agreeable settlement by helping them to sharpen …

Fordham Lawyer, No. 24 - Spring 2025, Fordham Law Alumni Association, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.

Gender-Responsive Treatment For Girls And Women Within The Criminal Justice System, Kylie R. Huelsmann

SACAD: Scholarly Activities

There is a need for improved gender-responsive approaches for women and girls in the criminal justice system, especially for women of color and transgender individuals. Traditional programs built around men often neglect the unique challenges faced by these populations, such as substance use disorders, mental health conditions, trauma histories, and acting as caregivers. Women, in particular, experience higher rates of recidivism and barriers to successful reintegration. Trauma-informed and evidence-based programs that address mental health, addiction, and family support, ultimately lead to more effective rehabilitation and reduce recidivism for women and girls after adjudication.

Incrimination Of Carlton Lewis, Kaia L. Fox

SACAD: Scholarly Activities

On February 7, 1990, Cheryl Coleman was found dead in her apartment, sexually assaulted and beaten to death with a 2x4 piece of wood. Carlton Lewis became one the of few suspects in the case. Despite providing a statement that he was at his home at the time of the murder and the word of his wife, a suspect named William McKee was interviewed and said he saw Lewis go to a house on the corner of the street with Coleman. After McKee was interviewed, Lewis, who was illiterate at the time, was forced into a false confession by being …

25 Years For A Crime He Didn’T Commit: Anthony Wright, Caleb D. Purvis

SACAD: Scholarly Activities

Anthony Wright was found guilty of the rape and murder of an elderly woman in 1991 in Philadelphia. He was then convicted in 1993 (Kaur, 2020). Anthony Wright spent the next 25 years in prison before becoming the 344th person to be exonerated by DNA in the US (Innocence Project, 2025). Upon the re-examination of the evidence found at the crime scene, a new suspect was identified, but had already passed away, preventing any criminal charges from being filed against them. Anthony Wright also filed a civil lawsuit on January 17, 2017, after his exoneration (Wright v. Philadelphia, 2017).

Examining The Evidence: The Case Of Marcellus Williams And The Pursuit Of Justice, Star Parham

SACAD: Scholarly Activities

The case of Marcellus Williams, the case of a Missouri man killed on death row, has sparked many legal and ethical concerns. Those concerns are wrongful convictions, forensic evidence, and the orchestration of the death penalty in the United States. Willimas was convicted in 2001 for the murder of Felicia Gayle based on evidence of circumstances and testimony from informants. Despite all of that Missouri officials pursued the execution, and he was killed.

New York's Constitutional Guarantee Of Environmental Rights, Katrina Fischer Kuh, Nicholas A. Robinson, Scott Fein

Elisabeth Haub School of Law Faculty Publications

New York is embarking on the interpretation and implementation of potentially transformative constitutional reform, the addition of Article I, § 19 to New York’s Bill of Rights, which provides that “Each person shall have the right to clean air and water, and a healthful environment.” To ensure the fulsome and effective implementation of Article I, § 19, and give effect to the intent of the legislators and voters who adopted it, it will be important to provide substantive guidance to courts, government actors, and litigants in the interpretation and application of the new constitutional text. In Pennsylvania and other states, …

No Child Left Behind Bars: The Educational Attainment Of Children With Incarcerated Parents, Nate Tackett

The Journal of Law and Education

No abstract provided.

Reconstruction Courts And Rights Enforcement: Examining An Enigmatic Jurisprudence, Joseph M. Tracy

North Carolina Civil Rights Law Review

No abstract provided.

Relevant Evidence Made Irrelevant: State V. Abbit And North Carolina’S Unconstitutional Test For Admissibility Of Third-Party Culpability Evidence, Hunter D. Nordberg

North Carolina Civil Rights Law Review

No abstract provided.

Antiquated Practices In Mississippi That Are Impeding The Right To Vote, Amanda Noel

SLU Law Journal Online

Mississippi is historically one of the most difficult states to cast a vote, especially for marginalized groups. Despite voting becoming more accessible throughout the United States, recently, Mississippi courts and legislature have sought to reverse years of progress by denying those convicted of felonies the right to vote upon reform and by making it a crime to assist others in casting absentee and mail-in ballots. In this paper, Amanda Noel discusses the implications of Mississippi’s attempts at disenfranchisement and proposes feasible solutions to aid those in accessing their fundamental right to vote.

Deadly Deliberations: Nonunanimous Juries And The Equal Protection Tightrope Of Capital Punishment, Dallon Danforth

University of Baltimore Law Review

No abstract provided.

The Impact Of Proptech And The Datafication Of Real Estate On The Human Right To Housing, Michele E. Gilman

All Faculty Scholarship

Proptech is undermining the human right to housing. Proptech is a term of art for the digital transformation of the real estate industry. It includes a range of real estate businesses engaged in development, financing, construction, management, and more. Proptech’s boosters promise frictionless and efficient housing markets. However, Proptech appears to be reinforcing existing power imbalances in real estate markets that are masked by the supposed objectivity and opacity of computer-generated processes. Meanwhile, countries across the globe face a profound housing crisis, with a lack of affordable and safe housing, high rates of homelessness, and rampant housing discrimination and segregation. …

Reconstruction And Repatriation Of Looted Cultural Heritage Property: Ownership Mechanism, Yichi Zhang

School of Public Policy Capstones

The frequent foreign invasions and widespread social instability during World War II led to the displacement and loss of countless cultural relics across borders. Many of these artifacts ended up in countries with limited historical and cultural ties to them, resulting in a lack of intrinsic understanding and root connection to their origins. This root disconnection often represents the recipient nations viewing these artifacts through a lens of ownership rather than heritage, perceiving them as property or commodities instead as invaluable representations of ancient civilizations (Boz, 2023). The commodification approach fueled the illicit trade and trafficking of cultural property but …

The Soulful Lawyer: Jungian Practices For Legal Professionals, Luis Chiesa

Buffalo Law Review

The legal profession faces a profound crisis of meaning, with lawyers experiencing some of the highest rates of depression, anxiety, and substance abuse of any profession. While techniques like mindfulness meditation have gained traction as tools to address lawyer well-being, they often fall short of fostering the deeper sense of purpose and fulfillment that so many legal professionals seek. This Article explores how Jungian depth psychology and contemplative practices can address the root causes of dissatisfaction, or “dukkha,” within the legal profession. Drawing from Carl Jung’s concepts of persona, shadow, and collective unconscious, it examines how lawyers can unmask their …

Generative Privacy Doctrine: The Case For A New Legal Privacy Framework For Gen^Ai, Karina Devi Etminani

UC Law Constitutional Quarterly

From quills to queries, from secrets once scrawled in private to personal prompts on glowing screens, debates over privacy rights endure. Generative Artificial Intelligence (GenAI) further confounds by conflating confession with code, and intimate thoughts with algorithms. Although technologists have predicted AI’s ascent before, and have critically assessed privacy rights for decades, the unprecedented engagement with GenAI following OpenAI’s public launch of ChatGPT marks a distinct moment— one where a generation of rights holders actively builds and converses with emerging platforms while the law strains to keep pace.

Existing privacy doctrines are ill-prepared for GenAI’s dynamic data processing and its …

Murder On The Plains: The Murdock Farmhouse Slayings, Tatum L. Sander

SACAD: Scholarly Activities

On April 17, 2006, Wayne and Sharmon Stock were murdered in Murdock, Nebraska, shocking the community. The investigation was complicated by wrongful arrests and mishandled evidence. Initially, Matthew Livers, the victims’ nephew, and his cousin Nicholas Sampson were wrongfully accused after Livers gave a false confession during an 11-hour interrogation. There was no physical evidence linking them to the crime, and the case relied on a fabricated blood sample. However, forensic evidence later revealed that the real killers were Jessica Reid and Gregory Fester, two teenagers from Wisconsin. Livers' confession was deemed unreliable due to his low IQ and the …

Self-Defense Or Served Justice? Kirstin Lobato Case, April L. Wayne

SACAD: Scholarly Activities

Kirstin Lobato spent 16 years in prison for the crimes of voluntary manslaughter and sexual penetration of a dead body. The Innocence Project took on her case and helped to exonerate her in 2017. After critical evidence that was withheld during the original trial was brought forward, Lobato was retried and had her conviction reversed. She was awarded $34 million in retribution for her time in prison due to her mistrial.

Put Me In, Coach: Constitutional Concerns Of Judicial Activism And Legislating From The Bench, Jacob M. Elliott

Senior Honors Theses

Unrestrained judicial activism and legislating from the bench at the Supreme Court level place federalism and freedom in jeopardy. By ignoring crucial doctrines like jurisdiction, deference, and independence, the Supreme Court has demonstrated a tendency toward reinterpreting existing Constitutional precedent as they see fit, basing judgments on extra-legal influences, and supplanting Constitutional principles with their own personal policy preferences.

Numerous cases demonstrate the looming threat of judicial overreach; these cases are often considered some of the most damaging and injurious decisions in the history of the American federal judiciary. One potential solution is to appoint justices who will operate …

If You Cannot Afford An Attorney, None Will Be Appointed For You: Exploring Rates Of Representation By Counsel In Texas Misdemeanor Courts, Andrew L. B. Davies, Shelby Sirivore, Victoria M. Smiegocki

Deason Center Reports

All misdemeanor defendants in the United States have the right to be represented by a lawyer if they are facing the possibility of incarceration. Yet implementation of that right is often left to local policymakers, and rates of non-representation (defendants proceeding without lawyers) vary enormously. Through an examination of data from Texas counties in 2019, we find non-representation rates were highest in the state’s poorest and most rural counties. But we also find signs that local policy choices matter. Counties with public defender offices, and those with less restrictive policies on financial eligibility for indigent defense services, appointed lawyers to …

What’S In A Name? Policing, Juliet., Shanée Brown

SMU Law Review Forum

“Child welfare” and “child protection” are misnomers. These terms do not accurately depict the investigatory nature of the system purported to help families, or at the very least, save endangered children. Contrary to public opinion, the “child welfare system” comprises of state actors who police parents and children. It is the naming of this system that convinces the public that these agencies are excised from the category of law enforcement, persuading many that the agencies engage in social work and not police work. Calling the system what it really is—family policing—is a step toward achieving justice for families adversely impacted …

Scientific Educations Among U.S. Judges, Christa Laser

Law Faculty Articles and Essays

Should more judges have technical and scientific educations than are currently prevalent in the federal judiciary? This empirical study of the educational background of federal judges reports the undergraduate and graduate majors of active U.S. federal Article III judges. Information on the subject area of study is largely not publicly available, especially for judges appointed decades ago. This is the first and only publicly available research study of the subject areas of study of U.S. judges, collected via phone and email surveys to U.S. judges. The results of this study show that only 7.35% offederal judges have majors in science …

Cannabis At Work: Navigating The Intersection Of Employment Law And Legalized Marijuana, Eva Lane

Washington and Lee Journal of Civil Rights and Social Justice

As states increasingly legalize forms of cannabis use, federal regulation remains stagnant. These outdated laws still hold power, undermining state-granted rights. This impact is especially felt in the employment sector. While states pass laws legalizing cannabis use, employers still have a right to a drug free workplace. Many employment agreements prohibit drug use, even if legal under state law. This Note examines recent caselaw to analyze how courts are handling the battle between state and federal government as it relates to cannabis legalization. Ultimately, the argument highlights the risk employees face – engaging in what they believe is legal behavior …