Digital Commons Network^™

Barbosa De Souza Et Al. V. Brazil, Cristina Tenorio

Loyola of Los Angeles International and Comparative Law Review

This case is about the murder of a young Black woman by a member of

the legislature of the State of Paraíba, in Brazil. Investigation and

prosecution of the murder were hindered by parliamentary immunity.

Eventually, the Court found Brazil in violation of several articles of the

American Convention and of the Convention of Convention of Belém do

Pará.

De-Normalizing Violence: The Bystander Intervention Solution, Megan Rookard, Tabitha Riffe, Becky Davison

Justice Festival at Morehead State University

A PowerPoint presentation, titled "De-Normalizing Violence: The Bystander Intervention Solution," given by Megan Rookard, Tabitha Riffe, and Becky Davison at the Justice Festival held on the campus of Morehead State University on October 8, 2024.

Protecting Students' Privacy: Expanding The Use Of Pseudonyms In Civil Litigation Concerning Sexual Assault At Colleges In The United States And Canada, Cassi Epstein

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

From Forced To Free Labor, Christopher M. Roberts

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

A Feedback Loop Of Exclusion: The Treatment Of Bilingualism In The Courtroom, Simone Stover

Northwestern University Law Review

In the 1991 case Hernandez v. New York, the United States Supreme Court characterized bilingualism as a race-neutral trait that can be used to exclude individuals from jury service. This Note proceeds by demonstrating how the current state of the law undermines the interests of bilingual individuals and then proposes a solution. Focusing specifically on Hispanic bilingual Spanish speakers, this Note first employs Professor Jennifer Lackey’s multi-directional credibility model to show that bilingual Spanish speakers suffer injustice in the courtroom due to both credibility deficits and excesses. Following this analysis, it proposes a possible solution to this issue: an …

Robotic Judges: A New Step Towards Justice Or The Exclusion Of Humans?, Karem Sayed Aboelazm, Khalid Mohamed Dganni, Fady Tawakol, Hanadi Sharif

All Works

Objective: The paper addresses how artificial intelligence can play this distinctive role at present and the vision for its development in the future. Theoretical Framework: The paper addresses the advantages enjoyed by human judges regarding cases, issuing judicial rulings and decisions, and resolving disputes. Additionally, it will discuss artificial intelligence's place in this area and the benefits it can bring to the table to promote fairness, impartiality, and objectivity in court decisions. Method: The analytical approach was used to extract the working mechanisms of artificial intelligence in this field and identify cases of bias based on practical practice and the …

Law And Literature Studies As A Basis For High-Quality Ethics Cle Programs, David S. Caudill

Faculty Publications

No abstract provided.

The Use Of Geospatial Imagery In Myanmar For Mass Atrocity Prevention, Elisenda Calvet-Martínez

Genocide Studies and Prevention: An International Journal

This paper aims to explore to what extent the usage of geospatial imagery can serve as a tool for atrocity prevention in a context of armed conflict and post-conflict. While most attention has been paid to the use of geospatial imagery to document mass atrocities for advocacy and accountability purposes, less attention has attracted the potential of this technology as a preventive tool. In the case of Myanmar, a special interest is on how to advance in the use of geospatial imagery to guarantee the safe return of the Rohingya refugees and how to prevent acts of genocide after the …

Conceptualizing Great Power Perpetrators, Federica D'Alessandra

Genocide Studies and Prevention: An International Journal

For over a decade, shifting geopolitics, a changed global security environment, and countless failures of diplomacy have raised important questions on how to collectively grapple with a widely-perceived “crisis of multilateralism,” and reignited debate on the fitness of the UN Security Council to deliver on its mandate under these circumstances. Among other issues, ongoing polarization when not outright “gridlock” among the Permanent Members (P5) has fueled the Council’s apparent inability to respond to threats to civilian life and to countless mass atrocities around the world. Even worse, as this article argues, some P5 today possess both the willingness and unprecedented …

From Custom To Courtroom: The Informal And Formal Justice Systems In The Manang And Narphu Valleys, Clarissa Sayre

Nepal: Tibetan and Himalayan Peoples

This research paper aims to depict the structure and some of the current changes of the justice system in the Narphu and Manang Municipalities. The new Constitution of Nepal in 2015 mandated the establishment of one judicial committee in each municipality and rural municipality in the entire country. That’s 753 judicial committees. This is just one example of the recent and rapid change that the justice system in Nepal is currently undergoing. These new implementations of government bodies for justice aim to “mitigate the inefficiencies of the formal legal system and bridge the formal/informal justice divide. ” In both Narphu …

The Constitutional Right To Peremptory Challenges In Jury Selection, Richard Lorren Jolly

Vanderbilt Law Review

The peremptory challenge is one of the oldest and most well-established jury selection procedures. Its use dates back to the earliest days of English common law, and it was a firmly established and protected practice at the United States’ founding and into the early twentieth century. But while peremptory challenges are foundational, they remain perhaps the most controversial aspect of jury selection today. This is because they are regularly used by the government and private parties to advance racist, sexist, and bigoted ends. For this reason, over the last three decades, calls to abolish the practice have been regularly made …

Law School Announcements 2024-2025, Law School Announcements Editors

Announcements

• Officers and Faculty
• The Law School - History
• Programs of Instruction
• Curriculum
• Student Activities and Organizations
• Funds and Endowments

Panel Discussion: So You Want To Publish A Book?, Suzanne Kim, Steven W. Bender, Angela J. Davis, Susan D. Carle, Clara Platter, Katheryn Russell-Brown

Scholarly Articles in Law Reviews & Journals

Reaching wide and varied audiences for our academic work through book publishing served as the focus on this pipeline program panel. Through a dynamic conversation among leaders in book publishing from the academic and editorial sectors, we discussed the nuts and bolts of book publishing.

We are indebted, for this important dialogue, to American University Washington College of Law, NPOC, and all the conference’s co-sponsoring schools. We particularly want to thank Vice Dean Susan Carle of American University Washington College of Law, whose idea it was to host this panel. We were joined by the following expert book authors for …

Ai Regulation In A Chatgpt Era: Cross-Border Cooperation And Hope In A Sudden Storm, Heidi L. Frostestad

College of Law Faculty Publications

This article addresses the complex and burgeoning issue of worldwide and national AI regulation in a legal context, with insights from international business law. The present regulatory efforts throughout the globe are a messy tapestry of initiatives with varying approaches that do not coalesce for cross-border multinational corporate entities (MNE). Most AI technologies are developed by multinational enterprises that need a more uniform international regulatory environment and structure for “responsible AI” enforcement. The human rights models of corporate social responsibility and human rights mechanisms that regulate the protection of fundamental rights and “responsible AI” to prevent harms in the context …

Intimate Partner Violence: Access To Protection Beyond The Pandemic, Rachel J. Wechsler

Faculty Publications

Civil protection orders are the most common legal remedy victims pursue in response to intimate partner violence (IPV). They are more empowering for victims than the criminal legal system because victims themselves drive the process, instead of prosecutors, and they offer more flexible and tailored relief. This Article argues that victims should be able to choose how they file petitions and participate in civil protection order hearings, and that judges should be required to honor those preferences absent good cause. This conclusion is driven by two new, original sets of empirical data collected from IPV survivors who have sought civil …

Nebraska Transcript (University Of Nebraska College Of Law), Fall 2024

Nebraska Transcript

Dean’s Message

Alumni Master Jonathan Hatami, ’02, gives a voice to children in court

Ledford, ’25, leads OUTLaw with compassion in mind

Four Nebraska Law students attend Ms. JD Leadership Academy Intensive

Brummond named recipient of Limitless Leadership Award

Black Law Student Association champions representation in the legal profession

Professor Brandon Johnson: examining electoral jurisprudence

Suggs, ’79, reflects on Lennon case after nearly 45 years

Nebraska Law introduces new peer-reviewed law journal

Generations of Law graduates recognized with Nebraska Alumni Association Family Tree Award

Nebraska Law Review hosts symposium on democracy and trust

Cole leads establishment of Nebraska Innocence Clinic …

Administrative Subordination, Bijal Shah

University of Chicago Law Review

Much of the scholarship on immigration enforcement and environmental justice assumes that agencies negatively impact vulnerable and marginalized people as a result of individualized bias or arbitrariness in administration. This Article argues that, beyond idiosyncrasies or flaws in administrators themselves, the poor impact of administration on minorities emanates from institutional systems. In doing so, this Article introduces a framework of institutional oppression into the study of administration that illustrates how agencies subordinate minority interests to the ends of administrative competence and self-preservation.

A healthy federal bureaucracy is sustained by administrative efforts to reduce institutional burdens, improve efficiency, conserve resources, and …

2024 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Cardozo’s International Advocate for Peace Award Given to Richard Haass, page 3

Justice for All, page 14

Faculty in the Media, page 20

Faculty Scholarship, page 24

Find Your FAME, page 28

Meet Miriam Lacroix, Cardozo’s New Director of Diversity and Inclusion, page 50

Student Briefs, page 52

Commencement ’24, page 56

Alumni Events, page 58

Alumni Spotlight, page 60

Class Notes, page 74

In Memoriam, page 78

The Collateral Consequences Of School Disciplinary Records, Eve Rips

UIC Law Open Access Faculty Scholarship

No abstract provided.

Curbing Private Enforcement Of The Voting Rights Act: Thoughts On Recent Developments, Ellen D. Katz

Michigan Law Review Online

For decades, private plaintiffs have brought claims to enforce key provisions of the Voting Rights Act (VRA). Recent decisions have tossed out these claims on the ground that enforcement authority lies solely with the Attorney General of the United States. These decisions are deeply flawed. The VRA’s text and structure, history, precedent, and longstanding practice all support private enforcement of the VRA—including private enforcement of Sections 2 and 11(b). This Essay explains why.

Fall 2024

Ergo

No abstract provided.

Teaching Bias In The Current Cultural Climate: Sample Exercises For A Legal Writing Class, Ben Fernandez

UF Law Faculty Publications

The American Bar Association now requires law schools to provide "education to law students on bias, cross-cultural competency, and racism." But how can a law professor navigate these challenges in the current cultural climate fraught with polarizing divisiveness? In this present-day charged atmosphere, law students may be particularly sensitive to statements they perceive as offensive and may seek accountability for such remarks. Implicit bias and micro-aggressions can reveal biases that are unconscious and unintentional. How then can a law professor make students feel comfortable discussing these important and relevant topics in class?

Shocking Sentences, John B. Meixner Jr.

Indiana Law Journal

Harsh recidivist sentencing penalties, like three-strikes laws, have been criticized heavily among both academics and practitioners on a number of different grounds. Most arguments focus on how sentences arising from these penalties are disproportionate—that there is no sensible relationship between the wrong committed and the sentence imposed. Those critiques are valid, but there’s another important problem with recidivist sentencing penalties that has been overlooked: They lead to sentences that are totally unexpected—indeed, shocking—to the defendants who face them. Many recidivist sentencing penalties cause large leaps in sentencing exposure that amount to exponential growth when compared with a defendant’s prior sentences. …

The Future Of Work In The Era Of Ai, Orly Lobel

Indiana Law Journal

Artificial intelligence (AI) is revolutionizing both work itself and the processes of employment—hiring, recruitment, evaluation, compensation, performance analysis, retention, and job mobility. This Essay, based upon the 2024 Indiana Law Journal annual William R. Stewart Lecture, examines the effects of AI on work and argues for a holistic approach that harnesses the benefits of automation while addressing the inevitable systemic changes that AI is rapidly bringing to the labor market. The Essay examines two industries in which AI is already changing labor market demands: trucking and the performing arts. The Essay argues that while the automation can often increase efficiency …

Will The New Roberts Court Revive A Formalist Approach To Fourth Amendment Jurisprudence?, Roger Antonio Tejada

UC Law Constitutional Quarterly

While all Chief Justices leave behind distinctive periods of judicial thought and practice, the quantitative and qualitative data presented in this article show that the Roberts Court in particular stands out in the development of Fourth Amendment precedent. The key cases that shaped the search and seizure doctrine before and during his rise show that, contrary to what many may expect, Chief Justice Roberts will likely oversee limited, pro-defendant decisions that could grant additional legitimacy to the Court’s crime-control jurisprudence. On the other hand, the new Justices’ voting records and writings suggest that there are several potential coalitions that could …

No Need To Wait: Congress Has The Power Under Section Five Of The Fourteenth Amendment To Abolish The Death Penalty In The States, Eric M. Freedman

Hofstra Law Faculty Scholarship

Congress has the authority to abolish the death penalty in the states, and good reason to exercise it.

This Article takes as a given the Supreme Court’s view that the death penalty is not itself unconstitutional.

But under existing law Congress would have no difficulty in compiling a record that would support the use of its enforcement power under Section Five of the Fourteenth Amendment to enact a statute forbidding the imposition of capital punishment by those states that retain the practice. The statute would be congruent and proportional legislation to remedy and prevent an amply documented history of violations …

The Demise Of Housing First Policy: The New Missouri Policy That Criminalizes Homelessness, Kaitlyn Frerking

William & Mary Journal of Race, Gender, and Social Justice

This Note examines the potential negative complications of Missouri H.B. 1606. The Note also explores possible avenues for relief through litigation or policy reform. H.B. 1606 is a Missouri state bill that altered the State’s policy towards decreasing the rate of homelessness in the State of Missouri. Prior to H.B. 1606, Missouri’s homelessness policy resembled a “Housing First” approach where emphasis was placed on providing affordable permanent housing to those without homes. With the passage of H.B. 1606, the policy turned towards supporting short-term housing initiatives and abandoned the “Housing First” approach. H.B. 1606 also contains a provision that makes …

Terrorism Should Not Be A Crime: How Political Labels Are Dangerous To American Democracy, Abigail S. Grand

William & Mary Journal of Race, Gender, and Social Justice

This Note calls for a dismantling of the United States’ current method of prosecuting terrorism, rejecting the “terrorism” label as a mechanism for charging crimes. Prosecutors should instead charge individuals in terrorism cases for their underlying criminal actions rather than rely on material support statutes and political innuendos to secure a conviction. By examining the implications of the terrorism label in post-9/11 America, this Note addresses how a moral panic enabled the executive branch to overstep its constitutional restraints and threatened the delicate balance of powers central to American democracy. Next, it proposes, as many have before, that Article III …

The Co-Optation Of Restorative Justice And Its Consequences For An Abolitionist Future, Alicia Virani

William & Mary Journal of Race, Gender, and Social Justice

This Article explores the ways in which RJ [restorative justice] has been co-opted, argues that RJ’s core principles can never coexist with the criminal punishment system, and analyzes how RJ co-optation is a barrier to abolitionist goals. It proceeds in three parts. In Part I, I present the fundamental principles upon which RJ processes should be based. While many scholars and practitioners have identified the lack of a consistent RJ definition by which to guide the work, I propose that there are fundamental principles that serve to guide RJ, and these are in stark contrast with the principles and realities …

Human Rights, Human Duties: Making A Rights-Based Case For Community-Based Restorative Justice, Aparna Polavarapu

William & Mary Journal of Race, Gender, and Social Justice

Restorative justice is often framed as an alternative to the criminal legal system, and thus justifications of restorative justice tend to be rooted in the language of the criminal system. However, this approach limits our way of thinking about the practice of restorative justice, especially non-state, community-based practices. This Article argues for an independent, rights-based justification to support these community-based practices. By offering an in-depth analysis originating from a rights-based perspective, this Article engages with two underdeveloped areas of scholarly literature and suggests a new way of thinking about the day-to-day practice of restorative justice through a human rights lens. …