Digital Commons Network^™

All Stalk And No Action: A Proposal For Arkansas Gps Stalking Legislation, Erin Wadley

Arkansas Law Notes

The expanding availability of GPS and internet of things (IoT) devices has equipped abusers with more tools to intensify and broaden the scope of domestic abuse tactics, “threatening the progress advocates have made in the past thirty years and creating novel dangers for survivors.” These devices “allow abusers to overcome geographic and spatial boundaries that would have otherwise prevented them from monitoring, controlling, harassing, and threatening survivors.” Thus, this Comment strongly urges the Arkansas State Legislature to enact a law to protect victims, provide justice, and preventatively deter the tracking of private citizens through GPS tracking while being broad enough …

Seeing Race & Sexuality: Child Welfare & Forced Labor, Annie Isabel Fukushima, Jens Nilson, Kaden Richards

Arkansas Law Review

This Article examines how child welfare responds to children who are forced to labor through a case study of California. We use an intersectional framework to argue that a conceptualization of current sociolegal responses to human trafficking cannot be delinked from racialized and sexualized forms of governmentality. In using an intersectional framework, we hope to draw upon intersectionality as a way to “point[] to the ways that structural inequality, persistent disadvantages, and structural abandonment are some of the root causes of microlevel violent interactions and at the same time influence how effective macrolevel justice policies are at responding to or …

Facing Up To The Risks Of Automated Facial-Recognition Technologies In Indian Law Enforcement, Ameen Jauhar

Indian Journal of Law and Technology

Within the larger discourse of risk mitigation of emerging technologies, the ever-expanding deployment of automated facial recognition technology (‘AFRT’) has garnered much skepticism. In India too, there has been a reported rise of states and law enforcement officials enthusiastically resorting to the use of AFRT.

The author will first delve into some of the controversial risks associated with AFRT, analysing them through the lens of Article 21 and the principle of due process under the Indian Constitution. The paper will then identify some of the regulatory solutions that are currently part of the discourse on minimising risks of AFRT and …

Sotomayor Cites Maurer Faculty Member In Scotus’ Decline To Hear Alabama Bite Mark Case, James Owsley Boyd

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

The case of an Alabama man convicted of murdering his wife in 1985 will not be reviewed by the U.S. Supreme Court, despite evidence that, nearly 40 years later, has been “wholly discredited.”

The Supreme Court denied certiorari in the case of McCrory v. Alabama, but Justice Sonia Sotomayor cited research from Indiana University Maurer School of Law Professor Valena Beety in her concurring agreement with the court’s decision.

Charles M. McCrory was convicted for the murder of his wife, Julie Bonds, based in large part on expert testimony from an odontologist who matched McCrory’s teeth to two bite marks …

Bodies On The Line: An Analysis Of Incarceration And Assassination And Their Role In Civil Rights Movements, Courtney Mason

Richmond Public Interest Law Review

The history of American civil rights is understood largely through the context of various mass movements. Most famously, the Civil Rights Movement of the 1950s and 1960s was a remarkable representation of collective action. The success of that movement becomes even more significant when considering the realities of life for Black Americans at the time. In the spirit of those movements, the 2010s and 2020s have brought about modern movements that continue to push against discrimination toward Black Americans and push for progress in the legal system. The movements each were and are met with opposition. This article focuses on …

“Their Futures, So Full Of Dread”: How Barefoot’S Contamination Of The Death Penalty Trial Process Continues, Michael L. Perlin, Talia Harmon, Maren Geiger, Moana Houde-Camirand

Richmond Public Interest Law Review

Forty years ago, in its most roundly-criticized criminal procedure decision in modern history, the Supreme Court of the United States, in Barefoot v. Estelle (463 U.S. 880 (1983))—a decision premised on testimony by the responses to a hypothetical of a witness who had never directly evaluated the defendant—ruled that such testimony as to future dangerousness (testimony that had concluded there was a “100% chance” the defendant would commit more crimes if released into society) was permissible. Over a stinging dissent by Justice Blackmun, the Supreme Court ruled in Barefoot that it was not constitutional error for psychiatrists to testify that …

Stopping The Cycle Of Abuse Before It Starts: An Evaluation Of Virginia’S Domestic Violence Primary Prevention Model In Schools, Amanda Palini

Richmond Public Interest Law Review

In 1994 the United States was faced with a domestic violence epidemic that led Congress to pass the Violence Against Women Act (VAWA). The Act was passed to respond to the needs of victims, particularly women, who are at the highest risk of victimization in crimes such as domestic violence and sexual assault. While domestic violence has been recognized as an important public health problem, most services provided are focused on after-the-fact interventions rather than prevention.

Many states, including Virginia, have since created domestic violence prevention programs, added preventative requirements to their state code, and tasked their respective Departments of …

Agricultural Labor Trafficking In The U.S.: An Exchange Network Analysis, Gary J. Kowaluk

Richmond Public Interest Law Review

Labor trafficking occurs when individuals are forced to work by force, fraud, or coercion. In the United States, agricultural labor trafficking is both widespread and underreported. It is often carried out by farm labor subcontractors, who conduct the labor trafficking on behalf of U.S. companies. Labor trafficking in U.S. agriculture continues year after year, as trafficked immigrant workers fear being further punished if they attempt to redress their workplace grievances. The H-2A visa system is designed to protect workers from labor trafficking abuses, but the system is ineffective and in need of reform. To learn more about agricultural labor trafficking …

Garland V. Vanderstok: Brief Of Major Cities Chiefs Association; Police Executive Research Forum; And Current And Former National Security Officials, Law Enforcement Officers, And Prosecutors As Amici Curiae In Support Of Petitioners, Barbara Mcquade

Appellate Briefs

Amici are the Major Cities Chiefs Association, the Police Executive Research Forum, and numerous current and former national security officials, law enforcement officers, and prosecutors.

The Major Cities Chiefs Association (MCCA) is a professional organization of police executives representing the largest cities in the United States and Canada. The mission of MCCA is to provide a forum for police executives from large population centers to address the challenges and issues of policing, to influence national and international policy that affects police services, to enhance the development of current and future police leaders, and to encourage and sponsor research that advances …

Opt Out Or Pipe Down, You Traded Your Data Away: Balancing Computer Crime Prevention, Third-Party Data, And Individual Privacy Rights, Ken Sterling

UC Law Science and Technology Journal

This article explores the complex issue of governments’ access to thirdparty user data without search warrants in the detection, prevention, and prosecution of computer crimes. Topics under analysis include balancing data privacy and public safety, the application of the Fourth Amendment, and seminal court cases such as Riley, Carpenter, and Smith v. Maryland. Cybercrime poses a significant threat to society, businesses, individuals, and governments. While privacy advocates argue for warrant-based access to user data, individuals readily “opt in” and share their data with companies, raising the question of why stricter standards should apply to government use. This article proposes that …

Research On The Influence Of Network Public Opinion On Criminal Legislation In Major Drug Safety Events, Tianyu Guo, Shulin Zhao, Zheng Li, Jie Hao, Siyao Jia

Journal of Scientific Information Research

[Purpose/significance]Drug safety has a significant responsibility and is related to people's life and health. Through the network public opinion of typical drug safety incidents, judicial data of drug crime system, and evidence of actual legislative adjustment, the evolution law between public opinion, justice and legislation was explored.[Method/process]Taking the case of Lu Yong purchasing anti-cancer drugs and the case of Changchun Changsheng fake vaccine as examples, the public opinion data related to the events on Sina Weibo were extracted, and the SnowNLP method, integrated model based on logistic regression model (LR) and gradient lifting decision Tree (GBDT) were used to conduct …

Carrying Meaning, Bridging Worlds: Indigenous Language Localization In Western Courts, Nora K. Rivera

English Faculty Articles and Research

This work examines the localization practices of Indigenous court interpreters through prototyping and analyzing legal glossaries in eight Indigenous languages from the State of Oaxaca, Mexico. These languages are often needed in Mexican courts and immigration court hearings in the United States. Thus, examining the localization praxes of the court interpreters who use them can provide important intercultural technical and professional communication insights in global contexts. I compare the preliminary results of this ongoing study with the court interpreters' code of ethics from the State of California to demonstrate how Western court assumptions about language interpretation cause gaps between worldviews. …

The Youth Tax In Parole Hearings, David M. N. Garavito, Amelia Hritz, John H. Blume

South Carolina Law Review

No abstract provided.

The Children Are Our Future (Not Our Future Criminals): Protecting South Carolina's Youngest Citizens By Setting A Minimum Age Of Juvenile Court Jurisdiction, Peggy D. Nicholson

South Carolina Law Review

No abstract provided.

Alone & Afraid: The Need For Elimination Of Solitary Confinement In South Carolina, Sydney Ford

South Carolina Law Review

No abstract provided.

Rethinking Youth Release: An Analysis Of The South Carolina Board Of Juvenile Parole In The Context Of The Evolving Landscape Of Reforms Of Juvenile Release Authorities, Aleksandra Chauhan

South Carolina Law Review

No abstract provided.

Trauma-Focused Justice: Recognizing Systemic Trauma, Samantha Buckingham

University of Arkansas at Little Rock Law Review

No abstract provided.

Trauma-Informed Justice, Todd J. Clark, Caleb Gregory Conrad, Andre Douglas Pond Cummings, Amy Dunn Johnson

University of Arkansas at Little Rock Law Review

No abstract provided.

When (And Where) Is A Crime A Crime? “Double Criminality” As A Principle Of Fundamental Justice, Robert J. Currie

Articles, Book Chapters, & Popular Press

The idea that crime crosses borders is fast becoming ordinary, even old hat, particularly in an age of online crime such as ransomware attacks, cyber-extortion and the like. As we have become more geographically mobile, however, it is increasingly common for people to have engaged in criminal conduct in one state1 but then seek to exercise legal rights, or face legal entanglements, in others. Legal questions can then arise about what effect should be given by one state—in this article, Canada—to an individual’s conduct that was, or is alleged to have been, a crime in a foreign state. The inquiry …

The Needless Search For A Founding-Era "Hearsay" Definition, Jeffrey Bellin

Faculty Publications

Modern Confrontation Clause doctrine permits only unconfronted “out-of-court statements that would have been admissible in a criminal case at the time of the founding.” To operationalize this concept, the Supreme Court identifies “testimonial hearsay” as the Clause’s primary concern. Its opinions regularly dive into the historical record to refine what counts as “testimonial” but ignore that record in defining “hearsay.” This omission cannot last. Cases in the lower courts, and one on the Court’s recent docket, concern testimonial but (arguably) non-hearsay statements. And while confrontation jurisprudence is supposed to be tied to founding-era evidence law, the “hearsay” definition, casually referenced …

Searching For Justice: Moving Towards A Trans Inclusive Model Of Access To Justice In Canada, Evan Vipond, Pierre Cloutier De Repentigny

Dalhousie Law Journal

Access to justice literature has paid little attention to the role of gender identity and gender expression as barriers to justice that must be addressed. As a marginalized and disenfranchised population, trans and gender nonconforming people experience specific barriers to justice that cisgender people typically do not. This paper seeks to address the gap in access to justice literature by attending to specific barriers to justice that trans people face in Canada. These barriers include socioeconomic inequalities; exclusion from the legal system; sex/gender certification and bigenderism within the legal system; and transphobia and cissexism within the legal system. Calling for …

Guess Who?: First-Time In-Court Identifications And Due Process, Natalie Beers

Washington and Lee Law Review

Juries believe eyewitnesses. When an identifying eyewitness takes the stand and points to a defendant in a courtroom, the jury is more likely to render a guilty verdict. But how reliable is that identification? What if the eyewitness is on the stand identifying a perpetrator for the first time, in the court room, rather than at the police station with a lineup or photo array? How do those suggestive circumstances implicate a criminal defendant’s due process rights?

First-time in-court identifications are inherently suggestive. While the Supreme Court has acknowledged the suggestive nature of similar identifications, it did not directly address …

Michigan's Youth Justice Reform: A Potholed But Sure Road To Change, Kimberly Thomas, Jason Smith

South Carolina Law Review

No abstract provided.

Alternative Dispute Resolution In Agency Administrative Programs, Kristen Blankley, Kathleen Claussen, Judith Starr

Journal of Dispute Resolution

This Article studies how federal agencies use and might better use different types of alternative dispute resolution (ADR)—including mediation, conciliation, facilitation, factfinding, minitrials, arbitration, and the use of ombuds—in the programs Congress has entrusted them to administer. The use of ADR by the executive branch of the federal government to resolve disputes with or among private actors has deep historical roots. ADR related to managerial agency matters such as employment or procurement is well-established across the government and performed under a uniform set of laws. Much less has been known, however, about the scope and reach of ADR in the …

Alternative Dispute Resolution In Agency Administrative Programs, Kristen Blankley, Kathleen Claussen, Judith Starr

Articles

This Article studies how federal agencies use and might better use different types of alternative dispute resolution (ADR)-including mediation, conciliation, facilitation, factfinding, minitrials, arbitration, and the use of ombuds-in the programs Congress has entrusted them to administer. The use of ADR by the executive branch of the federal government to resolve disputes with or among private actors has deep historical roots. ADR related to managerial agency matters such as employment or procurement is well-established across the government and performed under a uniform set of laws. Much less has been known, however, about the scope and reach of ADR in the …

Mandatory Mediation In England And Wales: A Paradigm Shift In Dispute Resolution, Mckayla Bogda

Journal of Dispute Resolution

In May of 2023, Tribunals in England and Wales had a backlog of nearly 144,000 cases. In a press release issued on July 25, 2023, the Ministry of Justice (MoJ) unveiled a significant policy change to combat this backlog. Under its new directive, individuals or entities wishing to pursue debt recovery claims of £10,000 or less are required to engage in mediation proceedings prior to their case’s adjudication in the small claims courts of England and Wales. This transformative shift signifies a departure from the traditional adversarial litigation model of both of these countries’ judicial systems.

The Needless Search For A Founding-Era "Hearsay" Definition, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

Modern Confrontation Clause doctrine permits only unconfronted "out-of-court statements that would have been admissible in a criminal case at the time of the founding." To operationalize this concept, the Supreme Court identifies "testimonial hearsay" as the Clause's primary concern. Its opinions regularly dive into the historical record to refine what counts as "testimonial" but ignore that record in defining "hearsay." This omission cannot last. Cases in the lower courts, and one on the Court's recent docket, concern testimonial but (arguably) non-hearsay statements. And while confrontation jurisprudence is supposed to be tied to founding-era evidence law, the "hearsay" definition, casually referenced …

Do Public Accommodations Laws Compel “What Shall Be Orthodox”?: The Role Of Barnette In 303 Creative Llc V. Eleni, Linda C. Mcclain

Faculty Scholarship

This article addresses the U.S. Supreme Court's embrace, in 303 Creative LLC v. Elenis, of a First Amendment objection to state public accommodations laws that the Court avoided in Masterpiece Cakeshop v. Colorado Civil Rights Commission: such laws compel governmental orthodoxy. These objections invoke West Virginia Board of Education v. Barnette 's celebrated language: "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion or force citizens to confess by word or act their faith …

Systemic Regulation Of Artificial Intelligence, Yonathan Arbel, Matthew Tokson, Albert Lin

Articles

Today's artificial intelligence ("AI") systems exhibit increasing capabilities across a remarkable variety of tasks. The rapid growth in AI ability has caught the attention of policymakers, parliaments, and the United Nations. These entities are increasingly looking towards regulating AI, not only in its particular applications, but as a technology. Yet legal scholarship has thus far offered little to this new and critical regulatory conversation, which has instead been dominated by computer scientists and technologists.

This Article begins the project of assessing AI's broader risks and law's role in addressing them. These risks are wide ranging -they span harms to vulnerable …

Confrontation, The Legacy Of Crawford, And Important Unanswered Questions, Paul F. Rothstein, Ronald J. Coleman

Georgetown Law Faculty Publications and Other Works

The right to confront has a long history. In the United States, the Confrontation Clause provides: “In all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him[.]” One of the most troublesome areas of Confrontation Clause jurisprudence has been the Clause’s application to “hearsay statements offered against a criminal defendant pursuant to a hearsay exception or exemption[.]” The Supreme Court’s confrontation analysis in this situation once hinged on the statement’s reliability, with the traditional hearsay rule and its exceptions and exemptions as a guide. But in Crawford v. Washington, the Court considered …