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From Chains To Handcuffs: Confronting The Racial Legacy Of Prison Labor And The Urgency Of Reform, Hibah Hasan

Criminal Law Society Blog

This article examines prison labor in the United States as a system rooted in the 13th Amendment’s exception clause and shaped by post–Civil War practices such as Black Codes and convict leasing. It argues that, although formally abolished, the racialized logic of forced labor persists through modern mass incarceration, where incarcerated individuals—disproportionately Black men—perform essential work for little to no pay and without basic labor protections. The article analyzes how this system reflects a continuation of historical exploitation and proposes reforms, including fair compensation, voluntary participation, and expanded labor protections, to align prison labor with principles of rehabilitation and justice.

Early Educational Benefits In Criminal Justice Learning And Practice: Efficacy Of High School-Level Criminal Justice Programs, Richard Brewer

Doctoral Dissertations and Projects

The value of educational progress and placing optimally educated agents into the criminal justice career field has been carefully examined throughout the history of justice, and the procurement of skills and knowledge applicable to field operations is aligned with several core Peelian tenets. The safe assumption is that every police action is observed or documented, and efforts must be made to build bridges to amend the law enforcement misconducts of yesteryear. One methodology to reduce the number of undesired incidents, expand occupational growth, and obtain optimal confidence levels among personnel in the volatile policing arena is implementing earlier learning development …

Efektivitas Dan Reorientasi Sistem Pendidikan Dalam Menciptakan Aparat Penegak Hukum Yang Terpercaya Dan Profesional, M. Hamdan

Jurnal Hukum & Pembangunan

Abstract

Komisi Pengawas Eksternal Pada Polisi, Harkristuti Harkrisnowo

Jurnal Hukum & Pembangunan

Abstract

It's Magic?: Ozempic, Addiction Treatment, And The Law, Amandeep S. Grewal

Health Matrix: The Journal of Law-Medicine

The world may finally have a cure for drug addiction: Ozempic. That drug, popularly used for weight loss treatment, has spawned miracles for many patients. Their cravings for alcohol, opioids, nicotine and other addictive substances have disappeared along with their waistlines. But the legal system might not be ready to handle Ozempic. Some laws and policies discourage medication-assisted addiction treatment, especially in drug court systems. Drug court participants often face pressure to achieve sobriety through Alcoholics Anonymous and other twelve-step programs, rather than with medical assistance. Legal scholars and harm reduction advocates probably go too far in the other direction. …

Abortion Bites Back: An Analysis Of Direct Democracy Efforts In A Post Dobbs-Era, Kathleen Darcy, Pamela Aronson, Lisa Martin, Sarah Chaban

Health Matrix: The Journal of Law-Medicine

The legal landscape surrounding reproductive rights is in flux, and direct democracy is a method by which increasingly informed and connected citizen voters are able to skirt perceived slowmoving or biased legislatures. Myriad factors shape state-level referendums, including social movements that intersect with gender ideology to challenge or defend existing arrangements. Yet, we know little about referendum rhetorical framing as tied to successes or failures in this pivotal post-Dobbs era. We use a content analysis to look at the rhetoric in state-level ballot proposals on reproductive freedom that were put in front of voters after the Dobbs decision (2022–2024). We …

Money And State Politics: State Legislature Partisan Dynamics And Ideology Outcomes Following Citizens United V. Fec, Jillian E. Pastore

Bates College Journal of Political Studies

What effect has Citizens United v. FEC had on state-level partisanship and the policy outcomes that follow from it? Scholarship on the influence of corporate and union spending in political campaigns has largely centered on federal elections. In this paper, I extend the analysis to the state level, leveraging the fact that Citizens United created a natural experiment across the states. Prior to the Supreme Court ruling, roughly half of the states prohibited corporate and union independent expenditures in state elections (including for governor, state senate, state house, and state supreme court races). The Citizens United decision effectively nullified these …

Occupational Stressors Correlated With Depression And Burnout Among Criminal Defense Attorneys, Fay Frances Spence

Walden Dissertations and Doctoral Studies

No prior studies have compared occupational stressors of criminal defense lawyers by practice setting (public defender, court-appointed, or retained). In this mixed-method study, the goal was to identify occupational stressors perceived by criminal defense lawyers in different settings and to determine if those stressors were correlated with depression, anxiety, and burnout, using Maslach’s burnout-engagement continuum as the theoretical framework. Based on stressors identified in semistructured interviews with 15 criminal defense lawyers, the Criminal Defender Stress Survey (CDSS) was created to measure the frequency and perceived intensity of identified stressors. The CDSS was incorporated into an online survey, along with the …

The Supreme Court’S New Map Of Federalism, Stephen M. Griffin

UC Law Constitutional Quarterly

No abstract provided.

Cjcr Publishes Volume 27, Issue 2 (Symposium 2025), Michele Kallo

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 27, Issue 2 (Symposium 2025). The print edition of the issue has also been released.

Accessible at Volume 27.2: Symposium 2025, this issue contains Articles by Sarah Rudolph Cole, Michael Z. Green, Jill I. Gross, and Amy J. Schmitz; Notes by Thomas Riley, Matthew Zelman, and Leora Perlstein; and a Commentary by Federica Simonelli.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution …

Mmu: 04/27/26-05/03/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

The Perils Of Trademark Co-Ownership And The Need For Co-Ownership Agreements, Cameron Quilling

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

You Can Be Innocent—Or You Can Be Free: Prosecutorial Power And Dark Pleas In Innocence Litigation, Tori Simkovic, Craig Trocino

University of Miami Race & Social Justice Law Review

This Article examines the phenomenon Justice Michael P. Donnelly has termed the “dark plea.” A dark plea is a post-conviction guilty plea extracted from defendants who maintain their innocence but accept freedom over exoneration. Through the lens of State of Florida v. Lawrence K. Johnson, this Article exposes how dark pleas operate at the precise moment when newly discovered evidence threatens to unravel a conviction and expose actual innocence in a nearly two decades old wrongful conviction. Johnson’s case illustrates the coercive dynamics of this type postconviction “bargaining.” After eighteen years of incarceration, compelling DNA recantation evidence, and an appellate …

Unsettling Settled Science: The Perils Of And Rationale Behind Blind Faith In Forensic Evidence, Jaclyn Marra

University of Miami Race & Social Justice Law Review

Science—a seemingly compelling and infallible adjudicative element—plays a pivotal role in criminal trials, serving as a cornerstone for evidence interpretation and decision-making. However, the perceived infallibility of scientific evidence often masks its inherent limitations and vulnerabilities. Forensic methods, widely regarded as objective and precise, can suffer from a plethora of inconspicuous constraints—including flawed methodologies, human error, and biases—which undermine their reliability. The American public and legal system frequently place undue trust in forensic evidence and experts, influenced by portrayals of their certainty in media and popular culture. This phenomenon has been referred to as the “Reverse CSI Effect.” This note …

Presumed Guilty By Proximity: How Geofence Warrants Undermine The Fourteenth Amendment, Radha Patel

University of Miami Race & Social Justice Law Review

Geofence warrants are utilized as a surveillance tool to gather location data on every user within a specific area and are being integrated into policing without a stable legal framework. This integration threatens individual rights and disproportionately impacts people and communities of color. While these warrants are often scrutinized under the Fourth Amendment, this note argues that they significantly undermine the Fourteenth Amendment by granting law enforcement excessive discretion. This unchecked discretion allows systemic bias and racial profiling to influence criminal investigations, creating the potential for wrongful convictions. The analysis in this note details the three-step execution process of geofence …

On The “Storied” History And Sustained Impact Of A Thriving Social Justice Journal, Mario L. Barnes

University of Miami Race & Social Justice Law Review

No abstract provided.

“Tolling For The Outcast”: A Therapeutic Jurisprudence Consideration Of The Relationship Between The Americans With Disabilities Act, Death Row Conditions, And Capital Punishment, Michael L. Perlin, Esq., Talia Roitberg Harmon, Maren Geiger, Chelsea Henning

San Diego Law Review

The press has regularly reported on the level of abysmal conditions on death rows in those states that have retained capital punishment. Death-row prisoners are often incarcerated in solitary confinement, and are subject to much more deprivation and harsher conditions than other prisoners. As a result, many experience declining mental health, and it has become clear that persons with mental illness are disproportionately put to death. Some litigants have turned to the Americans with Disabilities Act (ADA) as a potential source of relief; the Supreme Court’s decision in Pennsylvania Department of Corrections v. Yeskey underscored that the act’s language “unmistakably …

Aquinas, Wilson, And Continuity On Crime And Punishment, Brian M. Murray

Catholic University Law Review

This Article compares the legal thought of James Wilson, a leading jurisprudential figure during the American Founding, and Thomas Aquinas, perhaps the most well-known medieval philosopher, on crime and punishment. It argues their theories are closer than the historical gulf between them suggests would be the case. Both limit the definition of crime to morally culpable acts involving public harm. Each considers redressing the public disorder crime causes as the primary justification for punishment. While Wilson defers to the English common law to emphasize protecting certain natural rights and to prevent crime, Aquinas points to his understanding of natural law …

Institutional Timidity: Reading Len Rubinowitz Toward A Structural Theory Of Civil Rights Enforcement, Sheldon Bernard Lyke

Northwestern Journal of Law & Social Policy

This Article first documents institutional timidity in fair housing enforcement through Rubinowitz’s empirical account of HUD and then extends the analysis to higher education admissions. It shows that universities defending affirmative action uniformly adopted the diversity rationale while declining to argue that race-conscious admissions correct for bias embedded in their own criteria. These choices did not merely weaken outcomes; they also helped produce the doctrinal frameworks that later constrained them. In identifying institutional timidity as a mechanism of doctrinal production, this Article extends Rubinowitz’s insights across domains and into constitutional law. It concludes by proposing strategies that shift civil rights …

The Supreme Court Vs. Federal Prosecutors, Scott Ingram

Et Cetera

For the past forty years, the United States Supreme Court and federal prosecutors have waged an ongoing battle over statutory interpretation. As federal prosecutors have applied broad statutory interpretations to a variety of offenses, the Supreme Court, in a rare show of unanimity, have pushed back by interpreting the statutes narrowly. Throughout this process, the Supreme Court has employed a variety of rationales to support the narrow interpretations. Beginning with federalism concerns, the Court has more recently turned to fears about arbitrary and politically-motivated prosecutions. This article traces the evolution of this battle and concludes with insights about its future …

Or Else: Statutes Without Sanctions And The Doctrine Of Meaningful Interpretation, Christian Davis

Washington and Lee Law Review Online

Mankind has been fashioning laws for millennia. And while the form and substance of laws vary widely across times and places, all laws are unified by a fundamental reality that transcends the particular legal and political institutions of the day. To put it simply: laws only work if someone is prepared to enforce them.

As arbiters of the American legal system, state and federal judges are aware that—in order for a law to have the conduct-influencing effect it was designed to have—it must be supported by some version of an “or else” clause, a punishment or penalty sufficient to dissuade …

Who Will Hear My Case?: The Backdrop Of Hameed V. Canada And Its Impact On Canada’S Judicial Vacancy Crisis, Adrian T. Peraza

University of Miami Inter-American Law Review

In 2016, the Supreme Court of Canada issued a landmark ruling in R v. Jordan, requiring prosecutors to try their case within eighteen months in provincial courts and thirty months in the superior courts. Through its holding, the Court sought to protect a defendant’s right to be tried within a reasonable time, a privilege enshrined in the Canadian Charter of Rights and Freedoms. However, at the time of the decision, the Canadian judicial system faced a vacancy crisis. A total of forty-three judicial vacancies existed in the federal courts, a figure that would later rise to eighty-six in August 2023. …

The New Banishment, Shosh Coalson

Seton Hall Law Review

No abstract provided.

Bail, Detention, And The Nature Of The Offense, Anna Vancleave

Seton Hall Law Review

No abstract provided.

Resuscitating Old Methods: How Executions By Nitrogen Hypoxia Violate The Eighth Amendment, Hannah Caldwell

Seton Hall Law Review

No abstract provided.

Ndls Communicator: Week Of 04.20.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School hosted the annual Champions for Justice Public Interest Recognition Ceremony
• Notre Dame Law School hosted its second Affinity Alumni Weekend
• Notre Dame Law School’s Lindsay and Matt Moroun Religious Liberty Clinic filed an amicus brief on behalf of Associate Professor of Law Rev. Patrick Reidy, C.S.C. in St. Philip Neri Catholic Church v. Indianapolis Historic Preservation Commission.
• The Notre Dame Law School Program on Church, State & Society has awarded 2026 summer fellowships to Steph Luiz, Christian Baldari, Angela Rauch, and Paul Sheehan

Student News

• Matilda Koduh, 2L
• Grace Yeo, 2L
• Steven …

Species Of State Constitutional Lockstepping, Michael L. Smith

Villanova Law Review (1956 - )

No abstract provided.

Confidentiality Of Ai Conversations: Protecting Self-Represented Litigants Who Use Chatgpt For Legal Advice, Anoo D. Vyas

Duke Law & Technology Review

When a layperson uses ChatGPT to obtain feedback on a legal matter, attorney-client privilege may not apply, as ChatGPT is not a lawyer, much less a human. Further, while lawyers are entitled to protection for their opinion work-product, it is not clear whether self-represented litigants are entitled to the same protection. Additionally, the broader duty of confidentiality binds only attorneys, not AI systems like ChatGPT. The public increasingly uses AI tools such as ChatGPT. If a layperson employs ChatGPT for legal advice, particularly in a civil matter, such communications may be discoverable and potentially admissible. This presents an access to …

Glossip’S Road Map To Nowhere, Vida Johnson

Georgetown Law Faculty Publications and Other Works

The Supreme Court’s 2025 decision in Glossip v. Oklahoma was heralded as a victory for the defense. This essay argues that the 2025 Glossip decision does little to fix the myriad problems that led to Mr. Glossip’s wrongful conviction. While ultimately the Supreme Court reached the correct outcome this time, the ordinary judicial process and its purported safeguards were not what saved Mr. Glossip’s life. Rather, it was random chance that came to Mr. Glossip’s aid.

Ten years earlier, the Supreme Court, with many of the same Justices on the bench now, paved the way for Mr. Glossip’s execution. The …

Causes, Effects, And Solutions Of Wrongful Convictions, Allison B. Gobuzzi

Honors Theses

This study examines the wrongful conviction of Anthony Hinton and other examples that illustrate the causes of wrongful convictions in the United States and the effects that wrongful convictions have on the wrongfully accused and their families. This study uses research from scholarly articles and legal cases to analyze the factors that contribute to wrongful convictions and the impact on the wrongfully accused and their families. The research concludes that wrongful convictions are frequently the result of both evidentiary and procedural issues within the criminal justice system.