Digital Commons Network^™

A Response To Executive Order 14321, Latonya L. Agard

North Carolina Civil Rights Law Review

No abstract provided.

School Resource Officers: Why And How We Should Demand Change, Jillian La Serna

North Carolina Civil Rights Law Review

No abstract provided.

More Than Just An "Atypical" Hardship: How Courts Are Missing The Mark On Solitary Confinement, Kyra Goins

North Carolina Civil Rights Law Review

No abstract provided.

Second-Class Justice: Making The Case For Reforming Military Appellate Review, Shekinah I. Tony-Oyeleye

University of Baltimore Law Review

No abstract provided.

An Empirical Study Of Malingering In Insanity Cases Across Twelve Decades, Deborah W. Denno

North Carolina Law Review

No abstract provided.

The Lived Experiences Of African American Youth With The Juvenile Justice System, Marion D. Rogers

Theses, Dissertations and Culminating Projects

This qualitative case study examined the lived experiences of African American youth in the juvenile justice system using Bronfenbrenner’s Ecological Systems Theory and Intersectionality Theory as guiding frameworks. Three participants engaged in three rounds of in-depth interviews, and the data were analyzed using open, axial, and selective coding, with findings presented at the within-case and cross-case levels. Results revealed how family dynamics, school exclusion, community survival strategies, and systemic surveillance shaped participants’ pathways through the justice system, while experiences of resilience coexisted with mistrust, invisibility, and ambivalence toward counselors and authority figures. The study highlights the importance of culturally responsive …

The End Of The List: Constructive Waiver Of The Right To Counsel In Virginia, Thomas C. Squires

William & Mary Bill of Rights Journal

This Note will first give a general background on the right to counsel in the United States that stems from the Sixth Amendment of the U.S. Constitution, with a focus on the right as applied in the Commonwealth of Virginia. A brief examination of the specific Virginia Code section that is relevant when discussing this issue will follow. This code section and its deficiencies collectively present potential threats to defendants’ right to counsel. An evaluation of federal case law and Virginia case law on constructive waiver will follow. This Note will conclude by offering potential solutions to head the looming …

The Role And Professional Obligations Of Crown Attorneys In Disposition Hearings For Not Criminally Responsible Accused At Provincial Review Boards, Andrew Flavelle Martin

Dalhousie Law Journal

Crown attorneys perform several different roles, each accompanied by a set of professional obligations. R v Boucher makes it clear that the role and professional obligations of the Crown attorney at trial are to pursue justice, not to win. Much less clear are the role and professional obligations of Crown attorneys at review board disposition hearings for not criminally responsible (NCR) accused under Part XX.1 of the Criminal Code. In this article, I do two things. First, I canvass and synthesize the case law, legislative proceedings, and literature to identify the correct role of Crown attorneys at disposition hearings. I …

Overview: Neuroscience And The Law, John M. Conley, Rami Major

North Carolina Law Review

No abstract provided.

Off-Label Neuroimaging, Jane Campbell Moriarty

North Carolina Law Review

No abstract provided.

Defining Civil Rico's "Injury To Business Or Property" Requirement: The Supreme Court Takes A Few Steps, Says It Punts, But Actually Fumbles, Randy D. Gordon

Faculty Scholarship

Throughout its history, the RICO statute has presented lawyers with something of an interpretive parlor game. It is indefinite along multiple dimensions and thereby given multiple interpretations, even down to the word level. In Medical Marijuana v. Horn, the Supreme Court set out to define one of RICO's civil-standing provisions: Namely, whether the statute's "injury to business or property" requirement can be satisfied when a plaintiff suffers both economic and personal injuries. In a 5-4 decision, members of the Court engaged in an interpretive battle over the meaning of the phrase and succeeded only in holding that civil RICO does …

Plea Bargain Skepticism When Companies Kill People, Peter R. Reilly

Faculty Scholarship

In 2018 and 2019, two Boeing 737 MAX airplanes fell from the sky, killing 346 people—one of the deadliest corporate crimes in U.S. history. Instead of taking the case to trial, the United States Department of Justice (“DOJ”) addressed the matter by using two different alternative dispute resolution vehicles. First, Boeing was given a three-year deferred prosecution agree-ment. That deal was canceled when DOJ determined the company had breached it. Next, Boeing was given a plea bargain. This Article argues that federal courts, which are empowered to approve or reject plea deals, should be skeptical when the government turns to …

Streamlining Client Information For Post-Conviction Relief In Monterey County, Selena Lopez Arizmendi

Capstone Projects and Master's Theses

This capstone project addresses barriers to record clearing services that impact recidivism and reentry outcomes in California. Individuals with criminal records often face challenges in securing employment, housing, and stability, increasing the likelihood of continued justice system involvement. The Clean Slate Program at the Monterey County Public Defender’s Office provides post-conviction relief services to help reduce these barriers. Although Proposition 47 funding ended in February 2026, program services have continued. This project identified a need for a standardized, client-friendly informational resource, as key information has historically been communicated verbally, limiting understanding and retention. To address this gap, a concise Clean …

Metrics Not Thresholds: How To Regulate Ai And Other Expert Methods For Use In Criminal Investigations And Proceedings, Rebecca Wexler

Faculty Scholarship

Should regulators set performance thresholds for AI tools used in the criminal legal system? This Article draws on U.S. evidence law for guidance. Its answer is ... don’t. Instead of gatekeeping with ex ante performance thresholds, regulators should require or incentivize metrics of reliability that can be clearly communicated to end-user decisionmakers.

From Classroom To Courtroom: Understanding Real Pathways Into Legal Careers, Timothy S. Troxel

Theses/Capstones/Creative Projects

This study examines how legal professionals describe their preparation for legal and law-adjacent careers, with the goal of identifying practical guidance for college students entering the field. Existing literature on legal career preparation often emphasizes measurable qualifications, while offering broad or generalized advice. At the same time, research on career development highlights the importance of experiential learning and mentorship, suggesting a gap between formal guidance and lived experience. To explore this gap, this study conducted interviews with ten legal professionals across a range of roles and experience levels. Participants were asked about their backgrounds, career paths, skill development, and other …

Pussy Protest! Protest Zines To Uplift Marginalized Voices, Alekz Nelson

Theses/Capstones/Creative Projects

A publication of 4 separate zines made up of 12 pages each. The zines delve into the history of the Americans with Disabilities Act, trans women and their music artistry, lack of lesbian media, and inmate working conditions. These zines aim to not only raise awareness towards these issues, but spark action from readers by providing practical and doable options to pursue. With societal attitudes and political administrations becoming more conservative, spreading this information and awareness is vital to ensure that these alternatives ways of life are not forcibly erased.

Harnessing Ai In Legal Education: Opportunities For Innovation, Leadership, And Student Success, Peculiar Awa, Grant Shostak

Journal of Educational Leadership in Action

Artificial Intelligence (AI) is increasingly transforming the practice of law, from predictive analytics in policing and algorithmic sentencing to generative AI-assisted drafting and research. Despite this technological shift, legal education remains predominantly doctrinal, inadequately preparing graduates to function effectively in an AI-mediated environment. This paper contends that law and legal studies programs must integrate AI literacy, applied AI skills, and ethical instruction into curricula. By leveraging experiential learning, interdisciplinary collaboration, AI-driven simulations, and critical inquiry, institutions can produce graduates who are both technically competent and ethically grounded, ready to navigate the evolving legal profession.

Are They Really Safe? The Impact Of The Safe-T Act On Victims Of Crimes, Brianna Reed

Northern Illinois Law Review Supplement

Within the past few years, Illinois has gone through a bail reform that has changed how a defendant’s pretrial custody status is determined. This reform has negatively impacted victims, resulting in more safety risks, judicial interpretation, and a decrease in resources. These issues are emerging as practitioners work with victims constantly and information becomes more available to the public. This Article, based in part on interviews with attorneys and victims’ services advocates, proposes remedies that legislators and counties can adopt to help balance the rights of defendants and victims. Some of these remedies include modifying the legislation, adopting different procedures, …

Policing Post-Overdose: Multidisciplinary Teams Are Key To Addressing Illinois’S Opioid Crisis, Natalie B. Thirtle

Northern Illinois Law Review Supplement

The opioid epidemic remains one of Illinois’s most pressing public health and safety crises, with thousands of overdoses reported annually. Illinois’s current State Overdose Action Plan (SOAP) relies on law enforcement to administer naloxone and refer people who use drugs (PWUD) to treatment. Yet, there is research that indicates Illinois police are opposed to these responsibilities due to personal bias, workplace culture, and a lack of training in the science of drug addiction. Some advocates call for decriminalization of drug use, pointing to models in Portugal, Oregon, and California. However, these approaches have struggled in the United States due to …

Drug War Repairs Guarantees, Amber Baylor

Faculty Scholarship

Drug legalization, especially cannabis legalization, is a critical step forward in states’ willingness to address systemic disparities, privacy intrusions, violence, and other harms of the drug war. Yet, reforms center on legalization and repair through a narrow lens, focused on changes to the penal code. The public has found that narrow forms of legalization cannot serve their purported reparative purpose. Narrowly drawn legalization is illusory. Drug war harms and punishment for legalized substance use continue. Legalization reforms are vulnerable to political trends, resulting in rollback and retrenchment of drug war operations.

Legalization cannot deliver on its reparative terms without guarantees. …

The Fourth Amendment And Geofence Warrants: Safeguarding Geofencing's Constitutionality Through Particularity And Reasonableness, Mathias Lang

The University of New Hampshire Law Review

Geofencing, a location-based investigative technique that uses digital mapping to identify individuals within a defined geographic area, has become an increasingly common yet constitutionally contentious tool for law enforcement. Federal courts remain deeply divided on whether geofence warrants comport with the Fourth Amendment. The Fifth Circuit has held that such warrants constitute unconstitutional general warrants, while the Fourth Circuit has concluded that they do not even amount to searches under the third-party doctrine. This circuit split exposes a broader tension between technological innovation and foundational constitutional privacy protections.

This Article argues that geofence warrants should be treated as searches subject …

A Meta-Analysis On Joinder Effects: Do They All Have The Same Magnitude?, Amelia M. Tisk

Student Theses

The present meta-analysis examined whether different forms of joinder and procedural consolidation produce varying levels of prejudice in adjudicative decision-making. Although joinder procedures improve judicial efficiency, psychological research has suggested that combining charges, defendants, or plaintiffs within a single proceeding may increase conviction likelihood, liability judgments, and broader perceptions of wrongdoing. A random-effects meta-analysis was conducted across 22 independent study effects examining charge joinder, defendant consolidation, plaintiff consolidation, multiple-complainant procedures, and related aggregation paradigms. Effect sizes were converted to Pearson’s r whenever possible. Overall, procedural aggregation produced a moderate effect on adjudicative outcomes, r = .27, 95% CI [.22, .32]. …

Understanding The Impact Of Childhood Trauma On Recidivism Among Justice-Involved Youth, Jasmine Valencia, Karina V. Garcia, Genaro Fabela

Electronic Theses, Projects, and Dissertations

Adverse Childhood Experiences (ACEs) are especially common among youth involved in the juvenile justice system, and research has consistently linked these early traumatic experiences to a variety of negative behavioral and developmental outcomes. Still, we do not fully understand how strongly cumulative ACE exposure predicts whether detained youth will reoffend, or whether trauma-informed rehabilitation programs can help reduce that risk. This proposed quantitative study explores the relationship between ACE scores and recidivism among youth ages 11–18 detained at the San Bernardino County Juvenile Detention Center. Grounded in trauma theory and ecological systems theory, the study focuses on two primary questions: …

Arrest Rates And Police Presence In East Bay Area Counties Of Northern California, Christiana M. Tyler

Electronic Theses, Projects, and Dissertations

In this research study, we discuss the social phenomenon of mass incarceration in the United States. Previous research has evidenced clear racial disparities within this social issue, but has yet to make a connection between high incarceration rates and the sheer volume of police officers in many communities. This descriptive study sets out to discover whether there is a difference in incarceration rates based on the level of police presence in select counties in Northern California. The study will measure police presence by the number of police officers, using secondary data from U.S. government and nonprofit agencies. The researcher hypothesizes …

The Historical And Systemic Effects On Racial Disparities In Incarceration Rates Among Black Individuals, Vanessa Valentine

Electronic Theses, Projects, and Dissertations

Racial disparities in incarceration rates within the United States have existed for decades. This paper will examine these disparities in order to understand how Black individuals and communities are disproportionately affected by the criminal justice system. By exploring historical and systemic factors that have contributed to these disparities such as structural racism, discriminatory policing, and unequal sentencing policies this research will highlight how these practices have reinforced racial inequality within the criminal justice system. The significance of the presenting issue will be explored by analyzing how these disparities affect the incarcerated individual and their family and community. Using a mixed …

The Zoom Dock Is Worse Than A Cage: Remote Appearances From Jail Are Unconstitutional In Washington, Michael Mactaggert, Jeremiah Noonan

Seattle Journal for Social Justice

No abstract provided.

Welcome To The Dollhouse: New Ai Technology Poses Ethical Issues In Prison Systems, Bailey Mccoy

Seattle Journal for Social Justice

No abstract provided.

The Impact Of Job Satisfaction, Organizational Commitment, And Employee Engagement On The Intent To Leave The Law Enforcement Profession For Police Officers, Veronica Lynn Dougherty-Denny

All-Inclusive List of Electronic Theses and Dissertations

In today’s dynamic organizational environment, worker factors such as job satisfaction, employee engagement, organizational commitment, and psychological contract fulfillment are vital for organizational success. This study examined their perceived relationship with police officers’ intent to leave the law enforcement profession. The problem addressed worked to understand factors influencing retention, including psychological contract breaches and workplace outcomes. The purpose of this quantitative study was to investigate the perceived relationship between job satisfaction, employee engagement, organizational commitment, and intent to leave the law enforcement profession all housed within the psychological contract. Five research questions addressed these variables and demographic factors (gender, years …

The Rodrigo Duterte Case At The International Criminal Court: Towards The Erosion Of States’ Right To Withdraw From The Rome Statute?, Giovanni Chiarini Dr

Indonesia Law Review

The Rodrigo Duterte case raises complex questions concerning the interpretation of Article 127 of the Rome Statute (RS), particularly regarding its statutory limits relating to the one-year window governing the effects of withdrawal, as well as the interpretation of the procedural identity of the preliminary examination. This paper is divided into two parts: the first briefly outlines the procedural history of the war on drugs case from 2016 to 2024; the second analyses the dissenting opinion concerning the interpretation of Article 127 RS and explores the key developments from 2025 to 2026, focusing on the main issues raised by the …

From Dissent To Terrorism: The Formation Of A Security Grammar In Malaysia, Haezreena Begum Binti Abdul Hamid Dr

Indonesia Law Review

The absence of a universally accepted definition of terrorism has enabled states to exercise wide discretion in naming, governing, and exceptionalising violence. This article argues that, in Malaysia, “terrorism” did not emerge as a neutral legal category but as the product of a historically evolving security grammar, a patterned way of interpreting ideology, dissent, and conflict through the lens of existential threat. Employing a qualitative doctrinal socio-legal methodology, the study integrates analysis of international and Malaysian legal frameworks with case-based examination of key episodes, including Memali, Al-Arqam, Al-Ma’unah, Lahad Datu, and ISIS-linked incidents. Statutes, judicial decisions, policy materials, and regional …