Digital Commons Network^™

The Development Of International Law In Relation To Crimes Against Humanity, Nikki Redelijk

Global Tides

This paper will look at the development of international law in relation to crimes against humanity. First, juridically applied at the Nuremberg Trials, crimes against humanity has historically offered a compelling juxtaposition between naturalist and positivist law. Hence, this paper attempts to shed light on these juxtapositions, as seen by the respective arguments taken up by the Allies and Germany at Nuremberg. Likewise, this paper will illustrate the complexities within the definition itself. Finally, this paper will clarify the differing definitions taken up at the various tribunals following Nuremberg, leading up to the Rome Statute. It is a hope, that …

Pretrial Commitment And The Fourth Amendment, Laurent Sacharoff

Notre Dame Law Review

Today, the Fourth Amendment Warrant Clause governs arrest warrants and search warrants only. But in the founding era, the Warrant Clause governed a third type of warrant: the “warrant of commitment.” Judges issued these warrants to jail defendants pending trial. This Article argues that the Fourth Amendment Warrant Clause, with its oath and probable cause standard, should be understood today to apply to this third type of warrant. That means the Warrant Clause would govern any initial appearance where a judge first commits a defendant—a process that currently falls far short of fulfilling its constitutional and historical function. History supports …

Proportionalities, Youngjae Lee

Notre Dame Law Review Reflection

“Proportionality” is ubiquitous. The idea that punishment should be proportional to crime is familiar in criminal law and has a lengthy history. But that is not the only place where one encounters the concept of proportionality in law and ethics. The idea of proportionality is important also in the self-defense context, where the right to defend oneself with force is limited by the principle of proportionality. Proportionality plays a role in the context of war, especially in the idea that the military advantage one side may draw from an attack must not be excessive in relation to the loss of …

Ndls Communicator: Week Of 04.15.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School strengthens international ties with MOUs with Panthéon-Assas and Lucerne
• Prof. Robert P. Thompson Shares Insights on Securities Law at ND Law Patricia O'Hara Distinguished Lecture in Law & Business
• Notre Dame Law School holds third annual Interfaith Dinner in observance of Passover, Easter, Ridván, and Ramadan
• On April 11 and 12, Jay Tidmarsh participated in two panels at a conference organized by the James Humphreys Complex Litigation Center at George Washington University Law School.
• Mary Ellen O'Connell was quoted in an article by Morningstar Online, "Nicaragua takes Germany to top UN court seeking …

Toward Accessing Hiv-Preventative Medication In Prisons, Scott Shimizu

Northwestern University Law Review

The Eighth Amendment is meant to protect incarcerated individuals against harm from the state, including state inaction in the face of a known risk of harm. While the Eighth Amendment’s protection prohibits certain prison disciplinary measures and conditions of confinement, the constitutional ambit should arguably encompass protection from the serious risk of harm of sexual assault, as well as a corollary to sexual violence: the likelihood of contracting a deadly sexually transmitted infection like HIV. Yet Eighth Amendment scholars frequently question the degree to which the constitutional provision actually protects incarcerated individuals.

This Note draws on previous scholarship on cruel …

Generations Of Abuse: Exploring The Sexual Assault Epidemic On Native Land, Carly White

Lincoln Memorial University Law Review Archive

The United States government has a long history of extending its reach into the affairs of Native people. Yet, it has consistently failed to protect Native women from rampant violence and abuse. Native American women have the highest rates of sexual abuse in the country. The federal government has the decision to either mend its long-standing indifference toward Indigenous women or allow them to continue to suffer under the current system. This note explores the sexual assault crisis on Indian land and seeks to bring positive change to historically marginalized women. Specifically, this note highlights the need for Congress to …

Profiling Cybercriminals: Behavioral Analysis And Motivations Behind Cybercrime Activities, A'Shya Latrice Reynolds

Cybersecurity Undergraduate Research Showcase

The study of cybercriminal behavior and motivations is crucial for understanding and combating the evolving landscape of digital crime. This paper delves into the intricate realm of cybercrime profiling, employing a multidisciplinary approach to dissect the behavioral patterns and underlying motivations of cybercriminals. Drawing from psychology, sociology, and criminology, the research examines the intricate interplay of individual traits, social dynamics, and technological factors that shape cybercriminal activities.

Through analysis of case studies and research, this paper uncovers the diverse range of motivations driving individuals towards engaging in cybercrime. From financial gain and ideological extremism to thrill-seeking and revenge, cybercriminals exhibit …

The Seminar Paper Topics Graveyard, Olivia Smith Schlinck

Library Staff Online Writings

I often teach one-off academic research instruction sessions for law students, for either those working on a journal or those in a writing seminar.

My approach to these sessions is relatively standard—demonstrate the sources and strategies for academic legal research—but tailored to the individual needs and overall topic of each course. One of my favorite ways to personalize a session is to demonstrate the research process using a topic that matches the class itself. A “fake paper,” if you will.

Mass Incarceration, Violent Crimes, And Lengthy Sentences: Using The Race-Class Narrative As A Messaging Framework For Shortening Prison Sentences, Eric Petterson

St. Mary's Law Journal

No abstract provided.

Barcoding Bodies: Rfid Technology And The Perils Of E-Carceration, Jackson Samples

Duke Law & Technology Review

Electronic surveillance now plays a central role in the criminal legal system. Every year, hundreds of thousands of people are tracked by ankle monitors and smartphone technology. And frighteningly, commentators and policymakers have now proposed implanting radio frequency identification (“RFID”) chips into people’s bodies for surveillance purposes. This Note examines the unique risks of these proposals—particularly with respect to people on probation and parole—and argues that RFID implants would constitute a systematic violation of individual privacy and bodily integrity. As a result, they would also violate the Fourth Amendment.

Far Out: The Extended Denial Of Public Access To Psychedelic Therapeutics, Andrew R. Waldeck

Texas A&M Journal of Property Law

The United States patent regime is designed to promote dissemination of information that undergirds a particular innovation. To incentivize disclosure, inventors are granted a time-limited right to exclude others from practicing the invention, thereby affording the inventor a period in which to commercialize and financially benefit from their inventive contribution. The disclosure provides information sufficient for one of skill in the relevant art to make and use the invention, and the public may freely do so upon the patent’s expiry. Global advancement of human medicine is fundamentally intertwined with the United States patent system; medical progress largely depends upon the …

Illicit Drug Usage And Juvenile Justice System Involvement, Selene Chavez Saucedo, April Terry

SACAD: Scholarly Activities

Drug usage is strongly associated with significant social and psychological problems for youth, including juvenile justice system involvement. Research shows that approximately 4.5 million youth, ages 12-17, have used an illicit drug in the past year. Youth drug usage is related to juvenile justice system involvement. In fact, substance abuse is a top eight risk factor for juvenile offending and reoffending. Once youth are involved within the judicial system, the correctional system must then assume the responsibility of intervening in the youth cycle of drugs and delinquent behavior. Unfortunately, research shows that substance use treatment is available only sporadically for …

Lgbtq+ Youth In The Juvenile Justice System, Matthias B. Pearce, April Terry

SACAD: Scholarly Activities

Many experts agree that the juvenile justice system has flaws, resulting in the need for different modifications. One area of particular concern within the juvenile justice system is the involvement of LGBTQ+ youth. LGBTQ+ youth are grossly overrepresented in both the juvenile and adult systems, including those who are incarcerated. This rate is highest for queer women and trans, non-binary, and gender non-conforming individuals (Buist, 2020; Donohue et al., 2021; Hereth & Bouris, 2020). This known pathway clearly depicts a systemic issue—one that warrants attention and remediation. This poster provides background information on the disparities that exist for LGBTQ+ youth …

Immigration, Moral Panics, And Punishment: The Impact Of Media Coverage And Public Interest On Jail Incarceration, Faraneh Shamserad

Dissertations

Despite extensive empirical evidence showing that immigration does not lead to increases in crime, the purported immigration and crime link has been used to buttress increasingly punitive immigration policies over the past few decades. While previous studies have explored the role of enforcement practices for punishment, this dissertation delves into the mechanisms through which immigrants are transformed into “criminal subjects” and the consequences for punishment at the local level. By integrating moral panic theory with research on immigration, crime, and punishment, I propose that the inflammatory language surrounding immigration in media and public discourse has punitive consequences for immigrants. Moreover, …

Luis Sanchez, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appellant’s Amended 10(c) Reply Memorandum

Benjamin Miller, Debra M. Nelson, Mackenzie Skye Mcbride, Attorneys for Mr. Sanchez

School-To-Prison Pipeline, Samuel S. Honas, April Terry

SACAD: Scholarly Activities

Kindergarten through grade 12 schools are institutions where youth go to learn, grow, and sculpt their minds for their future. For some youth, schools do not present a warm and welcoming environment, and instead, respond in ways that create negative outcomes for certain youth. Factors like bullying, poor student-to-teacher interactions, and negative parental attachment can cause youth to have problems in school. Minority youth are also more likely to get in trouble in school for the same behaviors as their white counterparts. The school-to-prison pipeline is a pathway that begins in the school system that operates under the notion of …

All Eyez On Rap & Hip-Hop: Analyzing How Black Expression Is Criminalized And The Language Of The Rap Act Of 2022, Maia Young

Washington Journal of Law, Technology & Arts

The Black existence, in the United States of America, has always been regarded as a conditional right. Conventionally, Blackness must always be nonviolent and non-disruptive to safely exist. Because of this, Blackness cannot be confined to restraints and disrupts these conventions with acts of joy and creative expression. Black creativity is both unconventional and sacred. Black creative expression documents, preserves, and unifies cultural lived experiences, from a first-hand lens of those oppressed. Creative and artistic expression celebrates the myriad of stories that are a part of the collective Black experience. Yet, Black creative expression is now being weaponized by prosecutors …

Use Of Restrictive Housing In The Juvenile Justice System, Caleb D. Purvis, April Terry

SACAD: Scholarly Activities

In recent years, the term solitary confinement was replaced with restrictive housing (RH) as it had a less negative tone. However, the terms both represent the same process of isolating individuals in cells with nearly no contact with others. Restrictive housing has many negative effects, including, but not limited to deteriorating mental health and increased rates of recidivism. Such practices are not limited to the adult system as incarcerated youth are also subjected to various forms of restrictive housing (e.g., protective custody, disciplinary and administrative segregation). While those who oppose the use of RH call this cruel and unusual punishment, …

Incarcerated Workers Will Be Heard: Protecting The Right To Unionize Prisoners Through Dignity, Samuel Richter

Northwestern Journal of Law & Social Policy

This Comment posits that incarcerated workers possess an inherent right to unionize pursuant to human dignity. Centering dignity in this discussion highlights the ways in which prisoners’ unions secure the economic and political conditions needed to express their autonomy and foster rehabilitation. By reviewing the historical successes and missteps of the incarcerated workers’ labor movement in the United States, this Comment demonstrates that an appreciation for dignity is crucial to prevent factional violence between incarcerated people on the one hand and the over-professionalization of prisoner organization on the other. Recognizing that unionization is a matter of dignity, not free speech …

The Anti-Racist Imperative Of Infancy, Laura Cohen

Northwestern Journal of Law & Social Policy

In 2019, a widely disseminated video of the arrest of a six-year-old girl in her Florida elementary school provoked outrage across the country. The footage shows the girl sobbing as an armed police officer in full uniform and bullet-proof vest handcuffs and leads her from the principal’s office to a waiting patrol car. Her crime was having a temper tantrum in class after a sleepless night. When it was revealed that another six-year-old was arrested at the same school by the same officer on the same day and for similar reasons, media pundits and the general public debated questions of …

Reproductive Rights And Felony Disenfranchisement: The New Frontier Of An Old Voter Suppression Tactic, Jessie Rubini

Northwestern Journal of Law & Social Policy

Voter suppression and anti-abortion, anti-reproductive care efforts are mutually reinforcing, working together to diminish political participation, especially for women of color. I argue that politicians could use the Dobbs decision to further suppress Black voters, specifically Black women voters, by prosecuting abortions as felonies. The effect would be disenfranchisement of thousands of people. This Comment covers the connected histories of voting rights and abortion rights in America. The first section of this Comment will briefly cover the history of voting rights in America with a focus on racial discrimination. The second section will cover one voter suppression, felony disenfranchisement. Finally, …

“I Saw Guns And Sharp Swords In The Hands Of Young Children”: Why Mental Health Courts For Juveniles With Autism Spectrum Disorder And Fetal Alcohol Spectrum/Disorder Are Needed, Michael Perlin, Heather Cucolo, Deborah Dorfman

Northwestern Journal of Law & Social Policy

In this Article, we offer—we believe for the first time in the scholarly literature—a potentially (at least partially) ameliorative solution to the problems faced by persons with autism (ASD) and fetal alcohol disorder (FASD) in the criminal justice system: the creation of (separate sets of) problem-solving juvenile mental health courts specifically to deal with cases of juveniles in the criminal justice system with ASD, and with FASD. There is currently at least one juvenile mental health court that explicitly accepts juveniles with autism, but there are, to the best of our knowledge, no courts set up specifically for these two …

The Impact Of State Laws On Officer-Involved Deaths (Oids), Morgan J. Steele, Ziwei Qi

SACAD: Scholarly Activities

While the public debates whether law enforcement has a problem with mis- or over-using force, the field lacks critical information concerning how often officers use force in their dealings with citizens. Consequently, the various reforms proposed have little evidence supporting them. Using data from Mapping Police Violence combined with census and LEOKA data, we examine the impact of U.S. Supreme Court jurisprudence and the restrictions that each state placed on law enforcement’s ability to use force and what constituted reasonable force within each state. We found that while the state’s population size and violent crime rate were consistently strong predictors …

The Epicycles Of General Equilibrium Theory, David Singh Grewal

Law and Contemporary Problems

No abstract provided.

U.S. Government Agency Podcasts, Bert Chapman

Libraries Faculty and Staff Presentations

Presents podcasts from U.S. Government agencies which can be discovered through the U.S. Government Publishing Office's Catalog of Government Publications. Agencies whose podcasts are presented include the National Institutes of Health, U.S. Peace Corps, U.S. Department of Agriculture, Government Accountability Office (GAO), National Park Service, Department of Justice, Federal Reserve System, and U.S. Naval War College.

A Review Of Existing Literature Surrounding Female Educator Sexual Misconduct In Anglo-American Classrooms, Avery Barnes, Isaac Calvert

BYU Education & Law Journal

A 2004 literature review commissioned by the U.S. Department of Education estimated that one in every ten students would experience sexual harassment or abuse at the hands of an educator during their time in public schools. Even more alarming, multiple studies within Shakeshaft’s 2004 review suggested that this issue goes well beyond the reported data. At that time, leading social science research estimated that only 6% of children who were victims of educator sexual misconduct reported it. With significant developments in digital communications technologies since that 2004 study, researchers in the U.S. Department of Education have estimated that the number …

States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy

Public Land & Resources Law Review

No abstract provided.

Too Young To Suspend: Ending Early Grade School Exclusion By Applying Lessons From The Fight To Increase The Minimum Age Of Juvenile Court Jurisdiction, Peggy Nicholson

Belmont Law Review

In many respects, the evolution of juvenile court reform and school discipline reform follow similar trajectories. This Article begins by tracking those respective evolutions. Part I outlines the evolution of the juvenile court system in the United States and focuses on the fledgling system’s distinction of children from adults and its “rehabilitative ideal” that children could outgrow challenging behavior if given the right treatment and services. After a long period of “adultification” of the juvenile court in response to rising crime rates, more recent reform efforts have focused on returning to the early court’s rehabilitative model, including policies that would …

Use Of Artificial Intelligence-Based Tools By Lawyers In Criminal Advocacy, Jamie Bernstein

Hofstra Law Student Works

No abstract provided.

I Called For Help, And No One Answered: How Government Attorneys Still Lack Ethical Protection In Whistleblowing Loyalist-Adversarial Political Prosecutions, Robert Harry Saylor Iii

Hofstra Law Student Works

No abstract provided.