Digital Commons Network^™

The Influence Of Adverse Childhood Experiences On Female Violent Offending: A Scoping Systematic Review, Alexis M. Wolgemuth

Theses, Dissertations and Capstones

Female-perpetrated violence has exhibited concerning data trends in recent years. Prior scholarship indicates that past victimization and trauma in childhood, known as adverse childhood experiences (ACEs), are highly prevalent among women offenders. However, the research concerning ACEs and violent females is scattered. This thesis provides a scoping literature review using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) updated 2020 guidelines. A systematic database search was conducted using Academic Search Complete, SAGE Journals, Springer Nature Link, and HeinOnline to identify relevant peer-reviewed journal articles. Inclusion and exclusion criteria are established, focusing on studies published after January 2015. These …

Restorative Restitution, Lula Hagos

GW Law Faculty Publications & Other Works

How to best meet the needs of crime victims while also furthering the imperative of decarceration has long vexed advocates and scholars alike. This dilemma comes into sharp focus when one examines two developments in criminal procedure that, until now, have been analyzed separately: victim restitution and restorative justice.

Criminal restitution, the monetary payments ordered from defendants to victims, often fails both groups. Because most defendants are indigent, restitution obligations lengthen defendants’ involvement with the criminal legal system without delivering meaningful compensation to victims, making restitution more symbolic than restorative. At the same time, interest in restorative justice has surged …

The Promise Of Artificial Intelligence For Identifying And Interpreting The Sources Of International Law, Sean D. Murphy

GW Law Faculty Publications & Other Works

Sir Michael Wood’s remarkable career was deeply enmeshed in the pragmatics of international law; how to make it work as a part of the lawyering that occurs daily in foreign ministries, international organizations, and courts or tribunals. Yet that focus on practical lawyering did not allow him to eschew broader considerations of doctrine and even theory. While his work on the International Law Commission as Special Rapporteur for Identification of Customary International Law was motivated by a sense that national court judges struggled to understand the basic parameters of that source of law, the work necessarily entailed grappling with some …

The Use Of State Discipline To Sanction Attorneys General And Other High-Ranking Legal Officers, Leslie C. Levin

Faculty Articles and Papers

The United States Attorney  General, state attorneys general, and high-ranking officials in their offices, like all lawyers, are subject to rules of professional conduct.  Increasingly,  when they  push the  boundaries of  these  rules and other well-established  professional  norms,  individuals  and  organizations  are  filing state  lawyer  disciplinary  grievances  against  them.  While  some  see  troubling conduct  by  these  high-ranking  legal  officers,  others  view  these  disciplinary grievances  as  politically  motivated.  State  lawyer  disciplinary  authorities  often try to avoid addressing these grievances. This article  examines  why it is nonetheless  important  for  state  lawyer  disciplinary  authorities—which  are  arms  of state courts—to act on certain grievances. …

Managing Deportation: How Docket Control Replaced Substantive Relief In Immigration Courts, Linus Chan

Articles

In the modern deportation era, immigration courts saw their ability to grant relief from deportation undergo significant restrictions, constraining individualized discretion in favor of "categorical" denials. Congress dramatically curtailed the discretionary tools available to immigration judges, with the latest being the pair of immigration reforms from 1996, shifting the locus of individualized decision-making away from the courts and toward enforcement officers and prosecutors. Immigration courts lost discretion in being able to decide who could formally be granted status and stay in the United States when facing deportation through various restrictive eligibility requirements written into the law.

This Article argues that …

Book Review: Automobiles, Cultures And The Question Of Law, Stephen M. Young

Journal of Law and Mobility

Unsettling Colonial Automobilities: Criminalisation and Contested Sovereignties is a compelling interdisciplinary and multileveled study that sits at the intersection of law, criminology, settler colonial studies, and cultural analysis. The authors are well-suited to this task. They include Professors Harry Blagg, with expertise in First Nations community-engaged criminology; Thalia Anthony, from legal and carceral studies; Wiradjuri scholar Juanita Sherwood, who studies Indigenous health and community research; and Kieran Tranter, an expert in cultural legal theory. Together, they offer a layered interrogation of how the motor vehicle and automobility shape the settler colonial ordering of Australia.

This review is comprised of three …

Striking Out Bias: A Path Toward Ending Religion-Based Peremptory Strikes, Catherine King

Journal of Criminal Law and Criminology

Peremptory strikes, while designed to craft fair and impartial juries, carry with them the potential for discriminatory use. Cognizant of this, the Court has imposed limitations on their use, producing over time the Batson line of case law. While Batson and its progeny aimed to eliminate discriminatory peremptory strikes, the consensus forty years later is that this goal remains unfulfilled—largely due to the continued acceptance of ostensibly race-, gender-, and ethnicity-neutral justifications. Religion has emerged as a frequent rationale, creating uncertainty about its permissibility and producing a circuit split.

Despite repeated calls for finality on the question of religion-based peremptory …

Paying Financial Sanctions Via Incarceration: A Case Study Of “Sitting Out”, Beth Colgan, Jordan B. Woods

Journal of Criminal Law and Criminology

This Article provides a comprehensive statewide study of a practice by which courts order defendants to pay financial sanctions—fines, costs, and probation fees—by serving terms of incarceration. Though several states authorize these practices, to date, very little is known about the extent to which payment via incarceration occurs and the different ways it is employed. This Article examines the use of the practice in Nebraska, where it is colloquially referred to as “sitting out.” Our study specifically focuses on all misdemeanor cases in Nebraska county courts with judgments (an adjudication of guilt and/or sentencing) during the year 2019.

This study …

“Extraordinary” Means Extraordinary: Why Courts Should Refuse To Apply Sentencing Minimum Reductions In Compassionate Release Petitions, J.M. Icasiano

Student Works

No abstract provided.

Mind The Gap: Time To Rehabilitate Section 504 To Prohibit Disparate Impact Discrimination, Shawn Grant

Minnesota Journal of Law & Inequality

No abstract provided.

Justice For The Accomplice: Minnesota's 2023 Accomplice Liability Amendment And Its Shortcomings, John M. Thompson

Mitchell Hamline Law Review

No abstract provided.

Premium Injustice: Addressing The Harms That Cash Bail Premiums Inflict On The Non-Convicted, Jeffery L. Young

Mitchell Hamline Law Review

No abstract provided.

Does Voluntary Manslaughter Exist In South Dakota?, Gregory Brazeal

Faculty Publications

The American legal tradition generally distinguishes between cold-blooded, premeditated intentional killing and hot-blooded, spontaneous intentional killing. The former has traditionally been categorized as murder and the latter as the lesser crime of “voluntary manslaughter.” South Dakota’s homicide statutes, interpreted based on their plain meaning, depart from this deeply rooted tradition. The closest equivalent to the crime of voluntary manslaughter appears in South Dakota’s first-degree manslaughter statute, which includes a prohibition on homicide “[w]ithout any design to effect death . . . and in a heat of passion, but in a cruel and unusual manner.” The phrase “heat of passion” suggests …

The Deepfake Dilemma: Fake Images, Real Victims, And The Legal Void In Addressing Non-Consensual Deepfake Pornography, Elizabeth A. Safaryn

William & Mary Journal of Race, Gender, and Social Justice

This Note evaluates the various legal remedies available to victims of non-consensual deepfake pornography. As deepfakes are a relatively new but rapidly advancing technology, it is difficult for the law to keep up with the mass creation and distribution of AI-generated images on the Internet. With the competing interest of constitutionally protected speech, current deepfake laws fail to address non-consensual intimate image sharing (NCII) explicitly and lack the necessary deterrent effect to curb their proliferation. With an initial background on deepfakes and machine learning, this Note then explores the strained relationship between the First Amendment and the available civil remedies …

Export Controls As Intellectual Property Regulation, Doni Bloomfield

Faculty Scholarship

Export-control laws have long regulated information created outside of the U.S. government. Legal scholars have paid little attention to these national-security laws, and have not recognized that the government uses them specifically to assert a right to suppress information held in patent applications and trade secrets. In this Article, I present a new history of the relationship between export controls and intellectual property to show how the government regulates IP transfers, and how the state uses IP laws to national-security ends. Export-control laws regulate IP by controlling how people in the United States and beyond can share or use inventive …

Sauce For The Gander: The False Symmetry Of Myths And Stereotypes Against The Accused In Sexual Assault Trials, Janine Benedet

Dalhousie Law Journal

As sexual assault laws evolved to be expressed in sex-neutral language, so too have arguments relating to myths and stereotypes in the context of sexual offences. This article evaluates the argument that myths and stereotypes, traditionally a reflection of systemic discrimination against female complainants in rape trials, also operate against male accused. Understood correctly, this trend repackages anti-feminist backlash to early equality reform efforts, ultimately working to revive the belief that women’s accusations of sexual assault are often false. The Supreme Court of Canada’s decision in R v Kruk affirms that this historical context matters when it comes to claims …

Lack Of Player Protection Revealed Under Mlb’S Joint Domestic Violence, Sexual Assault And Child Abuse Policy And Necessary Changes To Avoid Arbitrary Disciplinary Actions., Maureen J. Camacho

Student Works

No abstract provided.

The Color Of Innovation And Law: An Analysis Of Racialized Populations Adversely Impacted By Structural Inequities In Intellectual Property Law And Biometric Technologies, R.S. Rowe

Student Works

No abstract provided.

Gentrification – Who’S It Really For? The Criminalization Of Communities Of Color To Make Room For Luxury, Joli Doñé

Student Works

No abstract provided.

Lewis V. Casey, Or Lexis Versus Westlaw? Benefits Of Updating Prison Law Libraries With The Latest Ai-Powered Research Tools, Joseph Holland

Student Works

No abstract provided.

Extending The Eighth Amendment: Juvenile Solitary Confinement As Psychological Torture, Chong Yu

Student Works

No abstract provided.

Motherhood Behind Bars: Reproductive Rights And Oppression In The Carceral State, Elena Bresnan

Student Works

No abstract provided.

Reconnecting Behind Bars: Why Visitation Reform Matters For Reentry Success, Aaron Menzelefsky

Student Works

No abstract provided.

A Comparison Of Catholic Moral Theology And The American Criminal System, Paige Rufolo

Student Works

No abstract provided.

Who Can Be Disarmed? The Critical Need For The Return To Means-End Scrutiny In Rejection Of Bruen’S History And Tradition Test, Candacie Hilliman

Student Works

No abstract provided.

Extraordinary And Compelling: Considering Actual Innocence In Compassionate Release, Peter Arleo

Student Works

No abstract provided.

Strengthening Ethical Ai: Counteracting Racism In Predictive Policing, Nicholas Giaquinto

Student Works

No abstract provided.

Incarcerated Infants: The Mothers And Infants Nurturing Together Program And New Jersey’S Obligation To Care For Its Children, Hayley G. Friedman

Student Works

No abstract provided.

Guilty Till Proven Innocent: Pennsylvania’S Battle With Eyewitness Misidentification And Wrongful Convictions, Chante Whyte

Dickinson Law Review (2017-Present)

In his dissent in Watkins v. Sowders, Justice William J. Brennan of the United States Supreme Court found, “[T]here is almost nothing more convincing than a live human being who takes the stand, points a finger at the defendant, and says ‘That’s the one!’” Eyewitness identifications play a crucial role in the investigation and prosecution of crimes. However, the reliance on eyewitness testimony has also given rise to a significant issue within the criminal justice system: eyewitness misidentification. This phenomenon is now recognized as the leading cause of wrongful convictions in the United States. Over the years, extensive scientific and …

Silence For The Sake Of “Security”: Bop Regulations Stifle Incarcerated Journalism In Federal Prisons, Sydney Poppe

University of Colorado Law Review

No abstract provided.