Digital Commons Network^™

Counterpoint To: "The Supreme Court Gets It Right In 303 Creative V. Elenis: People Of Faith Cannot Be Compelled To Create Expressive Messages Violating Their Religious Beliefs" — The Privilege To Silence “Customized” Speech: The Website Kerfuffle In 303 Creative V. Elenis, Jeffrey C. Sun

University of Dayton Law Review

No abstract provided.

Rebuttal To Jeffrey C. Sun’S "The Privilege To Silence ‘Customized’ Speech: The Website Kerfuffle In 303 Creative V. Elenis”, Charles J. Russo

University of Dayton Law Review

No abstract provided.

Injustice: Parental Betrayal And The Exploitation Of Child Murder In The United States, Isabella Merlini

Honors Scholar Theses

The following serves as an extensive literature review on the phenomena of filicide and familicide–the ultimate forms of parental betrayal–perpetrated within the United States. Subsequently highlighted is the theme that the people who should always take care of and love their children are sometimes also those who demonically arrange for their children’s very deaths, and while parents have the power to bring children into this world, they do not have the right to remove children from it. An overview of the unique perpetrations, victimologies, psychopathologies, and motivations that contribute to the classifications of filicide and familicide are further provided. Six …

A Federal Inmate’S Right To Stay Home, Jordan Thorn

Texas A&M Law Review

Since the start of the COVID–19 pandemic, the Federal Bureau of Prisons (“BOP”) has, for the first time in history, placed tens of thousands of inmates onto home confinement. Likely due to the unprecedented nature and rapid release of inmates to contain the virus, the BOP failed to timely update their policies and procedures surrounding the disciplinary system of inmates on home confinement. This failure to update resulted in the BOP removing inmates from home confinement and placing them back in prison for minor violations. Furthermore, when the BOP chose to remove an inmate from home confinement, it did so …

Prosecutors’ And Police Chiefs’ Perception Of Crime In South Dakota, Maggie Erickson

Honors Thesis

PURPOSE:

This exploratory study regarding prosecutors' and police chiefs' perceptions of crime in South Dakota covers many aspects of crime, including available resources to address crime, perceptions of the criminal justice system, fear of crime, concern for specific crime categories, and crime-reducing measures. Studies specifically focusing on Criminal Justice actors’ perception of crime prove low in number at the national and state levels.

FINDINGS:

Findings indicate that prosecutors lack enough time, financial resources, and staff to effectively address crime, while police chiefs primarily view inadequate staffing as their biggest resource concern. While personal fear of crime or victimization for both …

The Unintended Consequences Of Torture's Ineffectiveness, Russell L. Christopher

Texas A&M Law Review

Whether torture to extract true information—for example, military secrets or the location of a terrorist-planted bomb—is morally permissible and empirically effective is widely disputed. But many agree that such torture’s effectiveness is a necessary condition for its permissibility; if ineffective, then it is impermissible. Thus, the empirical issue has become crucial in deciding the moral issue. This Article addresses the empirical issue with a novel, non-empirical argument. Torture’s ineffectiveness not only ensures torture’s impermissibility but also exposes torture victims to criminal liability for any offenses they are tortured into committing. With torture as the most extreme and horrific form of …

Arbitrary And Capricious X Artificial Intelligence, Zoe E. Niesel

Minnesota Journal of Law, Science & Technology

No abstract provided.

Justice For Crimes Bigger Than Borders: The Product Of The Extradition Of Pinochet, Lauren Schwab

Immigration and Human Rights Law Review

Universal jurisdiction is a tool that allows States to prosecute perpetrators of heinous crimes, even when the crimes are seemingly unrelated to the prosecuting country. While the principles of universal jurisdiction are not a new concept, the frequency at which universal jurisdiction is used has rapidly increased. The explanation for this explosion in the use of universal jurisdiction is a direct product of the extradition of Chilean dictator Augusto Pinochet to Spain for war crimes and genocide. While Pinochet’s case ended long ago, the impact it left on the international legal community will live on for decades to come. This …

Do Factors Contributing To Wrongful Conviction Differ By Crime Type?, Kaylee Baldwin

Honors College Theses

Wrongful convictions play a big role in the criminal justice system, resulting in individuals being punished for crimes they did not commit. This study investigates the factors contributing to wrongful convictions across different crime types, utilizing data from the National Registry of Exonerations. The research aims to identify common contributors to wrongful convictions and explores variations by crime type. Results highlight the challenges associated with specific offenses. Understanding how factors vary by crime type is essential for developing strategies to prevent and address wrongful convictions.

High Stakes: Analyzing The Legal And Law Enforcement Challenges Of Mississippi's Medical Marijuana Industry, Brighton Bensley

Honors Theses

Despite opposition from law enforcement and government officials, Mississippi citizens overwhelmingly voted in favor of establishing a medical marijuana program in 2020. The passing of Senate Bill 2095 (or the Mississippi Medical Cannabis Act) marks a significant shift in the state’s drug policy and is a rare example of my home state at the forefront of an emerging industry. My thesis examines the effects of the Mississippi Medical Cannabis Act by providing an overview of the challenges it creates for the state’s law enforcement agencies and legal community. By analyzing local news stories, public statements from officials, and studies from …

Beyond Bars And Bias: Unveiling Misogynoir And The Prison-Industrial Complex In Contemporary Black Women’S Literature, Abigail Myers, Abigail Myers

Honors Theses

This interdisciplinary thesis examines misogynoir through the lens of contemporary Black women’s literature and the prison-industrial complex, specifically centering on the literary work of Fannie Lou Hamer and Assata Shakur, both formerly incarcerated Black women. Misogynoir, a term coined by Black feminist scholar Moya Bailey, encapsulates the intersection of anti-Black racism and misogyny experienced by Black women, Black girls, and gender nonconforming people. This thesis unites the fields of literary studies, gender studies, critical prison studies, and African American studies to reveal Black women as affected by both misogyny and anti-Black racism in the contemporary prison-industrial complex and beyond. Drawing …

The Legality Of Liberation: Exploring The Right To Organized Armed Resistance Against The U.S. State By Afro-Descendants Under International Human Rights Law, Laura Molik

Northwestern Law Journal des Refusés

No abstract provided.

State Of Utah V. Lowery : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Third Judicial District Court, Salt Lake County, Honorable William Kendall, District Court No. 181404643 Mr. Lowery is incarcerated.

Sean Reyes UTAH ATTORNEY GENERAL Counsel for Appellee

Emily Adams (14937) Rachel Phillips Ainscough (16546) THE APPELLATE GROUP Counsel for Appellant

Liberation Chronicles: Reformulating Black Liberation In The Face Of Persistent Oppression, Nia P. Gadson

Honors College Theses

Liberation movements for Black people have been prominent throughout American history. Chattel slavery and Jim Crow laws caused centuries of anti-black oppression. They continuously evolved into other anti-black structures – mass incarceration, predatory loan companies, and healthcare inequalities, to name a few – that require us to address these issues still today. The most recent Black liberation movement, Black Lives Matter, experienced a brief uptick in support after George Floyd’s murder but, overall, failed to address these issues. This thesis outlines three approaches to Black liberation in the U.S. to determine the most effective. First, drawing on Frederick Douglass’ autobiographies, …

Too Little, Too Late: The Icc And The Politics Of Prosecutorial Procrastination In Georgia, Marco Bocchese

Genocide Studies and Prevention: An International Journal

In August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office of the Prosecutor (OTP) announced the opening of a preliminary examination into the situation of Georgia. Yet, it was only in March 2022 that International Criminal Court (ICC) Chief Prosecutor Karim Khan applied for arrest warrants in relation to three individuals from Georgia’s breakaway region of South Ossetia. That said, how can such prolonged inaction be accounted for? How much blame does the OTP carry for it? And how did ICC-state relations develop over time? This paper conducts a within-case analysis of the situation of …

Compensability Of Law Enforcement Officers’ Suicide Under The Illinois Workers’ Compensation Act, Peter J. Nickell

DePaul Law Review

No abstract provided.

International Conformity To The Standard Minimum Age Of Criminal Responsibility: Comparing The Minimum Age Of Criminal Responsibility To The Minimum Legal Age Of Marriage, Malea Casillas

San Diego International Law Journal

As this data shows, countries across the globe, irrespective of culture, comply with and uphold the international MLAM. In contrast, they simultaneously fail to agree to the international MACR. The universal conformity with the international MLAM demonstrates that countries understand the negative consequences of marriage at a young age and care to protect children against child marriage. However, the even lower MACRs across the globe indicate that most of our world values prosecution over protection and likely sees offender first and child second.

This Comment will argue that MACR and MLAM should be recognized as similar legal concepts that are …

The Social Experiment: How The First Amendment Influences Private Social Media Companies, Collyn J. Kim

Helms School of Government Undergraduate Law Review

Social media has become one of the biggest mediums by which people communicate, socialize, and interact with each other. People follow political figures, cultural icons, and news outlets, among others, to gain knowledge on current events or the hot topic of the day. Many users, regardless of the platform, use their medium of choice to speak their own opinions and comment on the world’s issues. From prime ministers to popular memes, social media is a never-ending timeline of speech. With the constant speech and expression exhibited on social media, two important questions must be asked. First, does the First Amendment …

2023 Annual Report, University Of Maine School Of Law

Clinic Annual Report

• Letter from the Directors
• 2023: Year in Review
• General Practice Clinic
• Refugee and Human Rights Center
• Rural Practice Clinic
• Prisoner Assistance Clinic
• Protection from Abuse Program
• Youth Justice Clinic
• Center for Youth Policy & Law
• Clinic Staffing

Civil Liability For Autonomous Police Robots: The Inadequacy Of § 1983 In Responding To Robot Excessive Force, Robert Sassan

Richmond Journal of Law & Technology

In the fall of 2023, New York City announced its plan to deploy an autonomous police robot, called K5, to patrol the Times Square subway station. Mayor Eric Adams touted the initiative as a cost-saving measure— K5 costs less per hour than a human patrol officer. But K5 was by no means a replacement for a human. It was effectively a security camera on wheels. K5 could be used to call for help but could not otherwise intervene in an emergency, and it was not capable of using force to respond to a threat. But in the not-so-distant future, autonomous …

Needful Rules And Regulations: Originalist Reflections On The Territorial Clause, Anthony M. Ciolli

Vanderbilt Law Review

There are few areas where the current state of the law is as inconsistent, incoherent, and intellectually bankrupt as the law of U.S. territories. The seminal cases in the field are the infamous Insular Cases, where the Supreme Court of the United States held that the “half-civilized,” “savage,” “ignorant and lawless” “alien races” that inhabited the United States’ overseas territories were not entitled to the same constitutional rights and protections afforded to Americans residing in the mainland United States—holdings that were based on the white man’s burden and similar then-prevalent theories of white supremacy.

Despite being firmly entrenched within the …

No Sword, No Shield, No Problem: Ai In Pro Se Section 1983 Suits, Michaela Calhoun

University of Colorado Law Review Forum

Originating during the Reconstruction era, 42 U.S.C. 1983 emerged as a legislative tool to safeguard individuals’ constitutional rights and liberties. Initially designed to combat state-sanctioned violence, its efficacy has been eroded over time by subsequent judicial and legislative action. Unfortunately, the current state of Section 1983 falls short of this envisioned role, particularly for incarcerated individuals who find themselves navigating the complexities of the federal court system as pro se litigants.

Faced with a landscape devoid of resources, incarcerated individuals struggle to realize their constitutional rights, further perpetuating their collective status as a second-class citizenry—a status imposed by their own …

In Conversation About The U.S. Holocaust Memorial Museum’S New Mass Atrocity Prevention Training, Tatiana Varanko, Ann O’Rourke

Judicature International

No abstract provided.

Care And Custody In Federal Bank Robbery, Victor Qiu

UC Law Journal

By the time federal appellate courts began to examine the withdrawal of money from an ATM and the question of to whom that money belongs pursuant to the first paragraph of the Federal Bank Robbery Act (“FBRA”), 18 U.S.C. § 2113(a), the FBRA had been law for over seventy years and automated teller machines (“ATM”) had been in use for around thirty-five years. Since then, the circuit courts have disagreed as to whom the money belongs when an individual forces a victim to withdraw money and give it to the perpetrator. This question stems from competing methods of statutory interpretation …

Eliminating Rule 609 To Provide A Fair Opportunity To Defend Against Criminal Charges: A Proposal To The Advisory Committee On The Federal Rules Of Evidence, Jeffrey Bellin

Faculty Publications

Federal Rule of Evidence 609 authorizes the admission of prior convictions to impeach criminal defendants who testify. And in this important and uniquely damaging application, the [r]ule’s logic fails, distorting American trials and depriving defendants of a fair opportunity to defend against the charges. The Advisory Committee [on Evidence Rules (the “Advisory Committee”)] should propose the elimination of Rule 609 and prohibit cross-examination with specific instances of a criminal defendant’s past conduct when those instances are unrelated to the defendant’s testimony and unconnected to the case.

This short essay begins by setting out the proposed rule change alongside a proposed …

Ending Arkansas’ First Appearance Crisis, Malia N. Brink, Pamela R. Metzger, Claire Buetow, Terrence Cain

Deason Center Reports

Arkansas law is clear: every arrested person has the right to an attorney’s help the first time they see a judge. But across the state, people often face a judge at first appearance without a lawyer by their side. Even worse, a shortage of attorneys means people sometimes wait months for a lawyer’s help. The Constitution promises that every person in jail will have access to the courts and to counsel. Yet far too often, Arkansas allows people to languish in jail alone, afraid, and undefended.

This policy brief outlines research-based solutions for Arkansas to honor the Constitution’s promises by …

Computationally Assessing Suspicion, Wesley M. Oliver

Law Faculty Publications

Law enforcement officers performing drug interdiction on interstate highways have to decide nearly every day whether there is reasonable suspicion to detain motorists until a trained dog can sniff for the presence of drugs. The officers’ assessments are often wrong, however, and lead to unnecessary detentions of innocent persons and the suppression of drugs found on guilty ones. We propose a computational method of evaluating suspicion in these encounters and offer experimental results from early efforts demonstrating its feasibility. With the assistance of large language and predictive machine learning models, it appears that judges, advocates, and even police officers could …

Dazed & Confused... And... Psychotic?, Judy Ann Clausen, Joanmarie I. Davoli, Benjamin W. Lacy Md

UF Law Faculty Publications

This Article examines marijuana’s impact on developing brains. Secondly, this Article explores the Green Rush – the rise of the multibillion-dollar marijuana industry and the media and legal environment that unleashed massive marijuana commercialization. The Article compares decriminalization with commercialization, illustrating that it is possible to address social justice concerns of arrests, incarceration, and criminal records for marijuana use without unleashing a multibillion-dollar industry that markets to youth. The Article concludes by exploring approaches from Australia, the United Kingdom, and Sweden, all of which continue to criminalize marijuana, in part because they have observed the U.S. Green Rush and its …

School Resource Officers: History, Efficacy, And Unintended Consequences, Alysha Gagnon May

Legacy Theses & Dissertations (2009 - 2024)

There have been police and school partnerships in the United States for as long as public schools have existed, dating to the early- to mid-1800s. These partnerships have formalized as educational philosophies have changed, particularly in the context of school safety and discipline practices. In this dissertation, I explore the impact of implementing a School Resource Officer (SRO) program on school safety and I contribute to the national conversation about disparities in exclusionary discipline practices related to the presence of SROs. There have been several key turning points in these police and school partnerships, notably the Flint, Michigan, school liaison …

Indecent Exposure And The Court As Custos Morum, Bruce Davis

Legacy Theses & Dissertations (2009 - 2024)

Indecent exposure has been a crime in America since colonial times. Laws governing this crime are a cornerstone of government regulation of morals in America, sharing a common history with the jurisprudence of religion, obscenity, marriage, and sexual relations. The first reported case of indecent exposure in English common law is a widely acknowledged source of American moral jurisprudence that justifies the courts’ role as custos morum, or custodian of the morals.