Digital Commons Network^™

Neurocriminology: A Beginner’S Guide, Jerrod Brown

Forensic Scholars Today

No abstract provided.

Neurocriminology: Revolutionizing Specialized Training For Criminal Justice System Professionals, Janina Cich

Forensic Scholars Today

No abstract provided.

Rudderless And Adrift: States’ Unwarranted Timidity Respecting Stateless Vessels, Andrew Norris

International Law Studies

This article argues that there is no international legal impediment to any State robustly asserting prescriptive, enforcement, or adjudicative jurisdiction over vessels without nationality. It first examines the rules relating to vessel nationality to demonstrate the strong international preference that vessels be properly flagged in a particular State. It then examines the phenomenon of vessels without nationality, with a focus on what constitutes statelessness, and what the contemporary understanding is of the jurisdictional effect of that status. It concludes with a legal analysis, based on the Lotus principle and a recent U.S. appellate court decision that relied upon it, of …

A Law Enforcement Leader's Response To Human Trafficking, Samuel Whitebear

Master of Arts in Criminal Justice Leadership

Law enforcement leaders must consider how their agency can effectively investigate human trafficking in their jurisdiction. These leaders are tasked with creating an agency culture that prioritizes ethical decision making, which directly affects variables such as officer training and officer treatment of trafficking victims during investigations. Ethically sound decision making has rewards, such as inspiring other leaders to act in a similar fashion. Human trafficking training with an emphasis on the thought-behavior link will enable officers to understand the motivations of both traffickers and victims. Untrained officers rely on biases and assumptions when interacting with sex workers. This is because …

Criminalizing Domestic Violence In Egypt: Legal Gaps, Risk Consequences, And The Need For Reform, Ahmed Hussein

Theses and Dissertations

This thesis advocates for the implementation of domestic violence legislation in Egypt as a crucial legal and judicial reform necessary to prevent such violence and challenge societal norms that normalize it. It first examines the evolution of domestic violence legislation in line with international human rights standards, highlighting its applications worldwide and the role of states to interfere in an aim to combat such violence. The arguments for and against explicit criminalization are analyzed, emphasizing how legal frameworks can alter social behaviors that normalize violence. Following this, the thesis will focus on Egypt's legal framework addressing domestic violence, showing how …

Yes, Your Broken Tailight Does Matter: Why Enforcement Of Minor Traffic Violations Is Integral For A Safe Society, Richard E. Berner

Widener Commonwealth Law Review

“At his best, man is the noblest of all animals; separated from law and justice he is the worst.” These words serve as a reminder that within the framework of law and order, human beings are the most spectacular creatures to walk the face of the Earth. Outside of this framework, we are no greater than the most savage of beasts. The United States has historically faced challenges with the presence of racial bias within the legal system. In particular, traffic laws have been subject to uneven enforcement across the country, with one study indicating that black drivers were approximately …

The Not-So-Obvious And Inconvenient Truth: Reexamining A Right To Counsel For Parents And Children In Abuse And Neglect Administrative Proceedings, Tiffany Williams Brewer

Widener Commonwealth Law Review

The right to counsel for parents in administrative abuse and neglect cases, as well as for the children that are the subject of these matters, is a necessity that may not be obvious. This Article seeks to elucidate the fundamental interests that are at stake and justify why the sacrosanct protections of the landmark Gideon v. Wainwright right to counsel case should be extended to an administrative proceeding involving parents who are facing inclusion on a state child abuse and neglect registry. The Article also reveals an inconvenient truth–that communities of color are disproportionately impacted by the consequence of adverse …

Indigenous Communities Suffer Multi-Generational Trauma (“Susto”) From The Trafficking And Slavery Of Native Women And Children, Bill Piatt, Karagan Carson, Meghan Monahan, Makayla Perez

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

No abstract provided.

Come And Take It: Prosecutorial Discretion Impositions On Black Communities Regarding Unlawful Carrying Of A Weapon Charges, Karagan Carson

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

No abstract provided.

On Constitutional Crises, Donald Roth

Faculty Work Comprehensive List

"Our government becomes stronger for the challenges that it overcomes, as the interplay of the branches gets better defined."

Posting about ­­­­­­­­the nature of American government from In All Things, an online hub that offers insight into maintaining and faithful and orthodox Reformed Christian worldview while fearlessly engaging in every aspect of contemporary life – until all is made new.

On Constitutional Crises

The Impact Of Artificial Intelligence On Lending: A New Form Of Redlining?, Sadie Cavazos

Texas A&M Journal of Property Law

The issue of biased lending is longstanding and has faced much legislation over the past few decades. When issues of discrimination in the housing market became center stage in the 1960s, Congress passed multiple acts to combat what became known as “redlining,” or systematically denying credit to minority groups of people. Acts such as the Fair Housing Act and the Equal Credit Opportunity Act worked to eliminate this discrimination, but that does not mean bias does not still exist. However, lending companies, due to the efforts of the above-enumerated acts, can no longer act on these biases. But with the …

The Dog Dies At The Beginning Of This Paper: Issuing Victims Protective Orders As A Result Of An Abuser’S Intentional Destruction Of Property, Brighton Frost

Texas A&M Journal of Property Law

Domestic violence is a prevailing issue in the United States for both men and women, growing exponentially during COVID-19. In the law, there are two approaches to remedy this issue. The first being a criminal conviction of the abuser, which requires witness testimony and is held to a higher burden of proof than the other. The other approach is for the victim to obtain a protective order against the abuser. However, in many states, protective orders are only available to victims once the abuser physically attacks them, despite there being reliable signs of abuse before physical violence occurs. Thus, this …

Creating Peer Support For Law Enforcement And Incorporating Cognitive Behavior Therapy, Justin Day

Master of Arts in Criminal Justice Leadership

Creating change such as a new wellness program can be a difficult task, but it can be broken down into specific steps that make it slightly less daunting. Leaders need to be at the forefront of changes within their organization by leading by example and creating a culture that is inclusive of wellness. Utilizing policy creation, a wellness committee and clearly defining goals can help leaders successfully implement a new wellness program. Ethically, many reasons support the creation of a peer support program to help support employees in the criminal justice field. Ensuring ethical expectations and accountability are paramount in …

It Was The Death Of Bruton, It Was The Birth Of Bruton – Why Confrontation Dismantled The Bruton Rule, And How Due Process Can Save It, Noam Kozlov

St. Mary's Law Journal

No abstract provided.

State Of Utah, Plaintiff/ Appellee V. Celestine Anastacia Torstenson, Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Second Judicial District Court, Weber County, Honorable Judge Bean, District Court No. 221902529

William M. Hains, Derek Brown, Counsel for Appellee

Freyja Johnson, Hannah Leavitt-Howell, Anna Grigsby, Counsel for Appellant

Guggenheim, Macarthur Fellow To Address Class Of 2025, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Reginald Dwayne Betts, an internationally recognized poet, legal scholar, educator, and prison reform advocate, will serve as the 2025 Commencement speaker for the graduating classes of the Indiana University Maurer School of Law.

The Law School will recognize its graduating students on Saturday, May 10, from 4 to 6 p.m. in the Indiana University Auditorium.

“Dwayne Betts has a remarkable story that resonates with audiences around the world,” said Dean Christiana Ochoa. “His journey from incarceration to inspiration is an example of how we can all make positive changes in our lives and make an impact on others. I’m grateful …

Locational Data And The Public Interest, William A. Herbert, Micahel Goodchild, Richard Appelbaum, Jeremy Crampton, Gary Langham, Krzysztof Janowicz, Mei-Po Kwan, Katina Michael, Lisa Schamess

Publications and Research

This article presents a paper developed by the AAG Organizing Committee on Locational Information and the Public Interest through a summit held in Santa Barbara, California in June 2022. The summit resulted in goals and ideas for addressing the issues that arise from the present environment for geodata, whereby public, private, and third-sector entities can tap into publicly available locational information with relatively little regulation on its access or use. The Committee articulates four goals: (1) develop a research agenda extending across disciplines, (2) outline educational resources and strategies to guide ethical practice, (3) devise a pathway to increase public …

The International Law Commission's Seventy-Fifth (2024) Session: Immunity Of State Officials From Foreign Criminal Jurisdiction And Other Topics, Charles C. Jalloh

Articles

The International Law Commission (Commission or ILC) held its seventy-fifth session at its seat in Geneva from April 15 to May 31 and from July 1 to August 2, 2024. The Commission was chaired by Mr. Marcelo Vázquez-Bermúdez (Ecuador), and for the first time since its establishment in 1945, elected a majority of three females out of the five officers elected to its bureau annually. The Commission celebrated its seventy-fifth anniversary and progressed its work on the topics in the program of work despite the shortening of the twelve-week General Assembly approved session to ten weeks due to the liquidity …

Doing More, Doing Better? A Critique Of The Criminalization Of Coercive Control, Janet Mosher, Shushanna Harris, Jennifer Koshan, Wanda Wiegers

All Papers

Canada recently stood on the verge of ushering in a new criminal offence related to coercive control in the context of intimate relationships. In this paper, we critically evaluate this development, drawing out lessons from past criminalization efforts (particularly their impact on Black women and communities). Our analysis raises significant questions about the potential of the proposed offence to deliver on the promises held out by politicians and frontline advocates. We argue that not only will these promises go largely unrealized, but the ongoing harms of criminalization will be intensified. Marginalized women and communities are the least likely to benefit, …

Doing More, Doing Better? A Critique Of The Criminalization Of Coercive Control, Janet Mosher, Shushanna Harris, Jennifer Koshan, Wanda Wiegers

Journal of Law and Social Policy

Canada stands on the verge of ushering in a new criminal offence related to coercive control in the context of intimate relationships. In this paper we critically evaluate this development, drawing out lessons from past criminalization efforts and in particular, their impact on Black women and their communities. Our analysis raises significant questions about the potential of the proposed offence to deliver on the promises held out by its proponents. We argue that not only will these promises go largely unrealized, but the ongoing harms of criminalization–harms that manifest not only in the criminal law sphere but in child welfare …

Erlinger V. United States, 144 S.Ct. 1840 (2024), Joseph Phillipps

Ohio Northern University Law Review

No abstract provided.

Shadows Of Prejudice: The History Of The Right To Counsel And The Strickland's Pursuit Of Justice3 Amidst Forgotten Witnesses And Disregarded Evidence, Reem Haikal J.D., Ll.M

Ohio Northern University Law Review

In the United States’ criminal justice system, persistent problems with ineffective legal representation reveal significant systemic issues and injustices, underscoring the urgent need for meaningful reform. This paper argues that the United States’ criminal justice system faces deep-rooted problems due to ineffective legal representation, as evidenced by the evolution of the right to counsel, the challenges posed by the Strickland standard, and contemporary criticisms of legal defense practices. Through an analysis of historical developments, landmark legal decisions, and case studies, it becomes evident that meaningful reform is essential to address systemic injustices and ensure the constitutional guarantee of effective assistance …

Crimes Of Violence And Violent Crime, Erin C. Blondel

Notre Dame Law Review

Why can’t federal law define “violence”? Major federal statutes turn on whether someone was convicted of a violent crime. But judges and scholars widely agree that the law defining violence is “chaos.” This Article treats the problem as one of statutory design and construction. What’s violent is a fact-based judgment call—it’s a standard meant to be interpreted case by case through factfinding and adjudication. But Supreme Court jurisprudence increasingly treats it like a rule, insisting that courts must define violence without the facts and discretion that would give that interpretation coherence across countless unique cases.

Chaos is not inevitable. Predicate …

Unpunishment Purposes, Meredith Esser

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

Sentencing scholarship often begins by exploring the traditional purposes of punishment: deterrence, retribution, incapacitation, and rehabilitation. However, little scholarship exists addressing how these four punishment purposes apply in the post- sentencing or second-look contexts. Further, abstract theories of sentencing can often seem sterile and disconnected from the realities of how violent, disproportionate, and dehumanizing the actual experience of incarceration is for many people, and tend to downplay the impact of incarceration on the families and communities of those who are incarcerated. This Article attempts to reconceptualize the traditional purposes of punishment to meet the current historical moment, and it does …

Debt, Work, And The State, Kate Sablosky Elengold

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

In every state and the District of Columbia, an individual who owes a debt to the state can lose their license to work. Without the ability to make a living, it is much harder to pay off debt. Although using occupational license restrictions as a debt collection tool appears nonsensical, it has never before been the subject of scholarly debate. This Article thus begins an important conversation about debt, work, and the state.

This Article identifies the pervasive authority that state and local governments have to revoke an individual’s occupational license solely because that person owes a debt to the …

Abortion Ally Or Abettor: Accomplice And Conspiracy Liability After Dobbs, Mary Fan

Articles

The bristle of state laws criminalizing abortion after Dobbs v. Jackson Women’s Health Organization raises important questions about accomplice and conspiracy liability for helping people pursue reproductive freedoms out of state. Abortion funds, grassroots organizations, pilots, and other humanitarian volunteers are vital for people in need of abortions, who often are trapped by a lack of resources in abortion criminalization jurisdictions. Threats of prosecution are chilling and even shutting down assistance by abortion funds for travel to pursue reproductive freedoms. The liability questions after Dobbs arise against a backdrop of increasing prosecutions in Europe and the United States for crimes …

Solving The Public Defense Crisis In Kansas, Malia N. Brink, Pamela R. Metzger

Deason Center Reports

Kansas has a constitutional obligation to provide counsel to any arrested person who cannot afford to hire a private attorney. But attorney shortages in Kansas threaten this core constitutional right. According to the American Bar Association, there are an average of four attorneys per 1,000 people nationwide. However, only six of Kansas’s 105 counties have two or more attorneys per 1,000 people. In 44 counties, there is just one attorney or fewer per 1,000 residents. The situation is particularly worrisome in rural Kansas. In 2023, nearly half of Kansas’s population lived in rural counties, but 80% of its lawyers lived …

We Need To Talk: Modernizing Attorney-Client Jail Communications, Cynthia Alkon

Faculty Scholarship

Attorney-client jail phone calls, video calls, and emails are all routinely recorded and monitored by jails, with numerous examples of jails and private telecommunications providers giving those recordings and emails to law enforcement and prosecutors. This widespread failure to protect the confidentiality of attorney-client communications prevents lawyers from being able to enjoy easy, quick, and regular communications with their clients. In practice, and despite the ever-expanding communication methods in the outside world, those held in jails in this country while their criminal cases are pending are effectively stuck in the nineteenth century when the only way to communicate was in …

Time To Redress® Hazing: Changing The Way Universities Deal With Hazing Claims And Allegations, Katie Miles

Journal of Dispute Resolution

Every year, excited eighteen-year-olds step foot on a college campus ready to start a new chapter. Ready to try new things, these students join various organizations eager to make new friends and connections. Daniel Santulli was no different. He was an excited nineteen-year-old freshman at the University of Missouri in the fall of 2021. Santulli decided to join the Phi Gamma Delta fraternity and was ready to make lifelong friendships. However, on October 20, 2021, Santulli suffered a life-altering injury due to an alcohol-related hazing incident. Santulli was “marched, shirtless and blindfolded, into the basement of the Phi Gamma Delta …

Reversing Perverse Incentives And Aligning Interests: A Statutory Approach To Combatting Sex Trafficking In The Hospitality Industry, Sara Seymour

Vanderbilt Law Review

The hospitality industry has a sex trafficking problem: Seventy-five percent of sex trafficking victims report coming into contact with a hotel at some point during their trafficking. Though hotel franchisors publicly tout their efforts to combat sex trafficking, they are not properly or adequately incentivized to intervene in a meaningful way. The majority of hotels in the United States are franchised, and for every franchised room that is rented out—whether for sex trafficking or otherwise—hotel franchisors receive royalties. Further, franchisors are motivated to dictate material consistency, like what brand of soap to use, but not safety measures, because it allows …