Digital Commons Network^™

Hate Groups And The Charitable Tax Exemption, Miriam Galston

UC Law Constitutional Quarterly

No abstract provided.

From Theory To Practice: A True-Crime Podcast, Lauren V. Peckham

Senior Honors Projects

The Criminal Element is an innovative, victim-centered podcast that bridges the gap between criminological theory and real-world criminal cases. The podcast is designed as an educational resource for undergraduate Criminology and Criminal Justice students, alongside general audience members interested in learning more about criminological theory. Through the lens of true crime, this podcast is an engaging exploration of foundational and advanced theories while avoiding sensationalism and exploitation, a prevalent problem among true crime media. Each episode connects criminological theoretical concepts – such as strain, social learning, and social disorganization – to contemporary and historical cases, providing listeners with accessible and …

University Of Baltimore Law Forum, Volume 55, Issue 2 (Spring 2025)

University of Baltimore Law Forum

No abstract provided.

University Of Baltimore: A Century Of Opportunity, A Future Of Leadership, Lavonda N. Reed

University of Baltimore Law Forum

No abstract provided.

Absolute Immunity Corrupts Absolutely: A Call To Allow For Prosecutorial Liability In Cases Of Gross Negligence And Malice, Kristen M. Mack, Cary J. Hansel

University of Baltimore Law Forum

No abstract provided.

Innocence Is Different: Why Victim Impact Statements Should Be Inadmissible At Wrongful Conviction Hearings, Colin Miller

University of Baltimore Law Forum

No abstract provided.

Contrition Conflict: Remorse And Innocence Under The Juvenile Restoration Act, Jayna Peterson

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Syed V. Lee, Marisa Basignani

University of Baltimore Law Forum

No abstract provided.

Real Housewives & Real Crimes: The Implications Of Broadened Privacy Rights On White-Collar Offenses, Shrinithi Venkatesan

William & Mary Business Law Review

Reality television stars turn their fame into fortune, often blurring ethical lines as they exploit their platforms for personal gain. These personalities engage in fraud, tax evasion, and embezzlement, all while maintaining a prominent presence on-screen. Specifically, stars on The Real Housewives franchise realize tremendous successes from their stints on the famous television show by capitalizing on their exposure through social media. With their newfound wealth and fame, many of these stars commit white-collar crimes under their viewers’ watchful eyes. This Note examines three prevailing examples of reality television stars who committed various white-collar crimes. Interestingly, networks tolerate criminal behavior …

Race Centers As Critical Curriculum Spaces In U.S. Law Schools, Katheryn Russell-Brown, Vanessa Miller

Mercer Law Review

This piece aims to amplify the role of law school race centers. In fact, these centers are central curriculum spaces for student teaching and learning about race. The discussion highlights the role of race centers in law schools, explores the scholarly potential of race centers, and proposes strategies for sustaining race centers. The piece examines the role of race centers in helping law schools meet American Bar Association Standard 303(c), which requires that law students are exposed to race‑related curriculum, such as bias, cross‑cultural competencies, or racism. Tracing the historical roots of modern‑day race centers to Black Culture Centers of …

Rational Choice Theory: An Evaluation, Camille Liebergen, Troy Terry

SACAD: Scholarly Activities

The Rational Choice Theory is the view that individuals who commit crime behave in a rational way. This theory suggests that criminal behavior is not impulsive, but rather a result of a cost-benefit analysis evaluating the perceived rewards from the act against the potential punishment. It suggests that the criminal justice system can reduce crime by increasing the risks associated with criminal behavior. (Siegel, 101)

Christopher Tapp, Haley Schoenberger

SACAD: Scholarly Activities

Christopher Tapp was wrongfully convicted for the murder and rape of 18-year-old Angie Dodge and the use of a deadly weapon in Idaho. This took place in 1996. This highlights the damages and dangers of coerced confessions and failures within the criminal justice system. Tapp was convicted even though there was no physical evidence linking him to the crime. He was sentenced to 30 years to life because of a confession extracted by the police’s interrogation and a false witness statement. The DNA at the scene did not match Chris but he was still imprisoned for 20 years. In 2019, …

22 Years Lost: The Story Of Paul House, Mariah A. Carrillo

SACAD: Scholarly Activities

This project outlines the wrongful conviction of Paul House and his eventual exoneration after 22 years on death row in Tennessee. The murder of Carolyn Muncey occurred in 1985 in Luttrell, Tennessee and House was an immediate suspect with the finding of multiple pieces of forensic evidence. Namely, it was ABO serology testing that was used to tie House to the crime. Advancements in this form of testing showed that House was innocent. It was in 2006 that the Supreme Court ruled in favor of House’s exoneration due to the flaws in the original forensic evidence. This project exemplifies the …

Too Much Time Alone: Disciplinary Segregation As A Cruel And Unusual Punishment, Elijah Swolgaard, Spencer Schlag

Brigham Young University Prelaw Review

Disciplinary segregation has historically been used as an arbitrary form of punishment in American prison systems. The severe psychological effects of this confinement allow it be classified as a cruel and unusual punishment under the Eighth Amendment and generally lead to higher recidivism rates. This Note argues that in order to prevent these effects from occurring, disciplinary segregation should be ruled unconstitutional. Previous scholarship has argued for removal of solitary confinement generally. In contrast, this Note argues for the removal of disciplinary segregation specifically, while maintaining the use of necessary forms of solitary confinement such as administrative segregation. This will …

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

Familial Fairness: Guaranteeing The Right To Counsel For Indigent Parents In Juvenile Dependency Proceedings, Jake Toth

Dickinson Law Review (2017-Present)

Fairness principles enumerated in the seminal case Gideon v. Wainwright stand for the proposition that fundamental fairness and due process require appointment of counsel for indigent litigants. However, this principle has been constrained to criminal contexts. Many other types of litigation are just as impactful as a criminal proceeding, including juvenile dependency proceedings. Nevertheless, indigent parents do not enjoy an unqualified representation right.

This Comment traces the history of the representation right and how it has been treated in a juvenile dependency context, beginning with Gideon itself and examining other cases such as Eldridge and Lassiter. It then examines …

De-Policing: An Updated Empirical Analysis Of Crime And Federal Police Reform, Griffin Edwards, Stephen Rushin

Washington and Lee Law Review

This Article builds on prior work by empirically analyzing the effect of federal intervention in local police departments on crime and clearance rates, using updated data and methodologies.

Congress passed 34 U.S.C. § 12601 (formerly 42 U.S.C. § 14141) in 1994 to give the United States Attorney General the authority to seek equitable relief against local and state law enforcement agencies engaged in patterns or practices of misconduct. Since its passage, the Department of Justice has investigated and intervened into dozens of American police departments, including some of the largest police departments in the country. Federal intervention represents one of …

Beyond The Cell: The Impact Of Parental Incarceration On Children Based On The Factors Of Age, Gender, And Race, Ella M. Zeigler

Senior Theses

Incarceration is a life-changing event. It is humbling to be surrounded by three cement walls and a row of metal bars reaching from the floor to the ceiling. Millions of individuals are impacted by the adverse effects of incarceration, but millions more feel the effect of their incarceration as well. There are obvious negative impacts on those who have personally experienced incarceration, but one of the largest impacts is widely overlooked; one that comes from beyond the cell. This thesis considers the variation in the impact of parental incarceration on children, specifically based on the factors of age, gender and …

Protecting Portraits And Painters: How Chapter 258 Could Finally Fix The Right To Publicity In The Age Of Ai, Jordan Fortunati

University of the Pacific Law Review

No abstract provided.

Chapter 163: Why Specific Delegation Of Mental Health Resources Is Necessary, Jewel Unga

University of the Pacific Law Review

No abstract provided.

Prosecuting Police, Guyora Binder, Anthony O'Rourke, Rick Su

Journal Articles

Prosecutors face criticism for prosecuting too many minority members and too few police. Recently, some reformers have won prosecutorial elections by pledging to change these priorities. Yet scholars have identified two impediments to police prosecutions. First, county prosecutors often answer to suburban voters indifferent to the excesses of city police. Second, prosecutors depend on those police to investigate their cases and to endorse them as effective. This Article argues that the influence of residents and police on prosecutorial decisions depends on the political geography of a prosecutor’s office. As a result, whether a prosecutor’s office is “city-based,” “regional,” or “state-appointed” …

How Justice Holmes Turned Conspirators Into Partners, Daniel Harris

William & Mary Business Law Review

A fundamental precept of the law of conspiracy is that all members of a conspiracy are partners in crime. This precept is the rationale for many doctrines of conspiracy law, including the controversial judge-made rule that all members of a conspiracy are vicariously guilty of substantive crimes foreseeably committed by one member of the conspiracy even if the other members did not commit the substantive offense, intend the offense, or aid or abet its commission. Why does the law impose partnership status and vicarious guilt on lower-level members of a conspiracy who have no ownership stake in the business and …

The Prerogative Of Mercy: Assisting Clemency Clients In Massachusetts, Stevie Leahy

Suffolk University Law School Faculty Works

Founding Father and Federalist Paper author Alexander Hamilton opined that “clemency was vital to temper the harshness of criminal codes because ‘without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel.’” Hamilton and his contemporaries understood the need for a justice system that balanced strict enforcement of the law with the ability to recognize individual circumstances and extend compassion where warranted. Without the ability to make exceptions for people who are guilty but nonetheless deserving of compassion, the justice system would appear excessively harsh, violent, and unkind. The justice system …

Gold & Blue Law Edition, Spring 2025, St. Mary's University - San Antonio, Texas

Gold & Blue Law Edition

This is the Spring 2025 edition of Gold & Blue Law Edition which is St. Mary's University's official School of Law publication.

U.S. Territories And The Criminal Law Curriculum, Emmanuel Hiram Arnaud

Faculty Scholarship

In this Article, I make a case for why issues concerning the territories should be taught in law school courses and suggest a few ways in which federal criminal adjudication in the territories can and should be incorporated into the criminal law and procedure curriculum.¹⁰ As I advance elsewhere,¹¹ criminal adjudication in the territories functions differently than in the mainland United States.¹² Using the framework of what I call the “territorial criminal legal system,” I have begun mapping the contours of the unique prosecutorial ecosystem produced by the territorial condition.¹³ Chief among the characteristics is the …

Taking Revolution Seriously, Zohra Ahmed

Faculty Scholarship

Every so often, a prison strike will make national news, as it did in 2014, 2016, and 2018. ¹ The media will focus on the atrocious conditions of confinement; the unchecked violence; the wages numerated in pennies; and the state’s indifference to the strikers’ modest demands for food, medical care, and human contact.

Orisanmi Burton’s² book, Tip of the Spear: Black Radicalism, Prison Repression, and the Long Attica Revolt, urges us to process such reporting with a healthy dose of skepticism. What if prison rebellions were telling us something else, something even more important? What if they were …

Understanding Brady Violations, Jennifer M. Mcaward

Vanderbilt Law Review

This largest-ever study of adjudicated violations of Brady v. Maryland provides a detailed and nuanced understanding of who suppresses material evidence in criminal cases, as well as why, how, where, and how often. Its findings complicate the conventional wisdom that Brady violations are the work of nefarious prosecutors who intentionally withhold material evidence from criminal defendants. While it is true that “bad faith” permeates this area of constitutional noncompliance, a substantial minority of Brady cases stem from “good faith” errors by prosecutors and suppression by law enforcement officers. Mostviolations occur in a small number of states, and most often, state …

Inge Viermetz, Woman Acquitted At Nuremberg, Diane Marie Amann

Scholarly Works

Conventional narratives tend to represent the post-World War II international criminal proceedings as a men’s project, thus obscuring the many women who participated, as lawyers, journalists, analysts, interpreters, witnesses, and defendants. Indeed, two women stood trial before Nuremberg Military Tribunals. This article examines the case of the only woman found not-guilty: Inge Viermetz, who had been an administrator at Lebensborn, the Nazi SS adoption and placement agency. The article outlines the prosecution’s child-taking case against Viermetz, as well as her successful gendered self-portrayal as a conventionally feminine caregiver. With references to Professor Megan A. Fairlie, at whose memorial symposium it …

Against Criminalizing Wage Theft: Lessons From The Antitrafficking Movement, Stephanie Richard

Cardozo Law Review

Criminalizing wage theft is a popular idea. This Article argues that--based on practitioners' experience with human trafficking--workers' rights groups, legislators, and prosecutors should reconsider embracing the criminalization of wage theft as an effective response to preventing this form of abuse. Twenty years of experience with trafficking cases and data show that criminalizing wage theft is likely not only to be ineffective but also to cause further harm to the victims and vulnerable communities who suffer the most from wage theft. A review oflabor trafficking cases and data shows the frequent negative impacts on victims from criminal prosecutions that would be …

Key Factors That Influence The Successful Implementation And Sustainment Of Dei Within Probation Departments, Natalie Martinez

Master of Public Administration Capstone Papers

The successful implementation and sustainment of Diversity, Equity, and Inclusion (DEI) initiatives within probation departments is essential to create a fair and just criminal justice system. This paper examines the principal elements that impact the implementation and sustainability of DEI practices in probation settings. This research identifies best practices and challenges in integrating DEI principles into organizational structures by analyzing existing literature, case studies, and policy frameworks. The findings highlight the importance of leadership commitment, policy integration, and measurement, as well as an environment that fosters an inclusive culture. Additionally, the study examines barriers such as resistance to change, policy …