Digital Commons Network^™

Access To Justice In Indian County: Strengthening The Ecosystem Of Law In Native Communities, Mary Smith

South Dakota Law Review

No abstract provided.

Pona V. State, 329 A.3d 485 (R.I. 2025)., Trina Capezza

Roger Williams University Law Review

No abstract provided.

Analyzing An Ai Summary Of An Executive Order, Natalie D. Ebolum

Open Educational Resources

This assignment asks students to critically analyze the Executive Order on Incarceration in Private Prisons by producing an independent summary of its intent, purpose, and implementation, along with best-practice recommendations for improving its effectiveness. Students then use the Grammarly AI Summary Tool to generate an alternative summary and compare it with their own analysis. Through structured self-assessment and revision, students evaluate differences in interpretation, identify gaps or insights, and reflect on the strengths and limitations of AI-assisted analysis. The assignment emphasizes critical policy analysis, ethical use of AI tools, and student-centered judgment.

Species Of State Constitutional Lockstepping, Michael L. Smith

Faculty Articles

When interpreting state constitutional provisions, state courts frequently take a "lockstep" approach by adopting the United States Supreme Court's interpretation of analogous federal constitutional provisions. Critics often portray lockstep interpretation as misguided and have identified varieties of lockstepping, including unreflective, reflective, prospective, and methodological lockstep interpretation. This Article contributes to these discussions by identifying several additional forms of lockstep interpretation that have thus far gone undiscussed: lazy, mandatory, atextual, and sticky lockstepping.

Several of these variations highlight distinct failures of state courts to independently interpret state constitutions. This includes lazy lockstepping, where state courts tend to engage in repeated, thoughtless …

Legalizing Magic Mushrooms: A Different Set Of Laws For A Different Kind Of Drug, Edward S. Adams

Case Western Reserve Law Review

No abstract provided.

Justice In Erotic Spaces, Elena L. Cohen

Cardozo Journal of Equal Rights & Social Justice

This Article posits that the concept of "erotic justice" could be used by courts to push back against the current cascade of anti-LGBTQ+ laws and meaningfully improve the lives ofgay and trans people. The beginning of the twenty-first century was widely seen as a time of great progress for LGBTQ+ people, with the legalization of gay marriage in countries across the world seen as the ultimate triumph. Yet there is a strong contemporary movement to re-criminalize the lives of LGBTQ+ people and to remove protections that have been granted by courts. In the U.S., the 2020s have seen an ongoing …

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Plutocratic Public Safety, Erin R. Collins

Law Faculty Publications

Recent political events have laid bare the ways that the United States functions like a plutocracy, in which the ultra-wealthy exert influence over core governance functions. The criminal system is not immune from this influence. Big Capital shapes the operation of the criminal system in highly visible ways through its investments in policing technology, electronic monitoring systems, and correctional and detention systems. This Article shows how the economic elite shape the operation of the criminal system in a less obvious way: through philanthropic giving. Big Philanthropy provides another—albeit seemingly benevolent—avenue through which the ultra-wealthy can advance a vision of public …

Front Matter

SMU Law Review

No abstract provided.

Parity In Practice: The Defender's Duty To Ethically Use Ai, Mason R. Clark

Faculty Articles

This white paper provides a framework for ethical and practical AI use across all types of criminal defense practice, grounded in the ABA Model Rules of Professional Conduct and best practices as described by practitioners, academics, and other experts. While AI tools can meaningfully improve efficiency and expand analytical capacity, those benefits are highly contingent on tool selection, implementation, and oversight. The white paper also recognizes that cost, access to training, and institutional resources remain significant barriers — particularly for solo practitioners, small firms, and under-resourced public defense offices — and discusses AI throughout as a set of tools whose …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Fundamental Rights Betrayed: How Pregnancy Exclusions In Advance Directive Statutes Silence Pregnant People’S Wishes, Molly Hill

American University Journal of Gender, Social Policy & the Law

INTRODUCTION: In 2013, Marlise Muñoz collapsed at her home and was rushed to the hospital, where the doctors informed her family that she had suffered a pulmonary embolism and was now brain-dead. Marlise had previously expressed to her family that she never wished to be kept on life support if she was left brain-dead, so her family wanted to honor her wishes. However, despite her irreversible brain death, because Marlise was fourteen weeks pregnant, Texas law required that her body remain on life-sustaining treatment until her fetus became viable. Her body lay in the hospital hooked up to machines against …

Affirmatively Misled: The Commutation Instruction That Distorted Louisiana’S Death Penalty, G. Ben Cohen

Akron Law Faculty Publications

In 1997, Louisiana voters amended the state constitution to mandate that capital juries be instructed on the governor’s power to commute life and death sentences. This amendment, urged by the Louisiana District Attorneys Association, followed a Louisiana Supreme Court ruling that found an earlier clemency instruction violated the state constitution.     The instruction was fundamentally false. Louisiana governors, it turns out, lacked the unilateral authority to commute sentences; such actions require a favorable vote from the Parole Board. This reality became starkly clear in 2023, when the clemency petitions of fifty-six condemned prisoners—many sentenced by juries affirmatively given this instruction—were terminated …

State Responsibility For Violations Of International Humanitarian Law And Human Rights Law By Private Security Companies In Africa: The Case Of The Wagner Group And Africa Corps, Shannon Joy Bosch, Matthew Kimble

Research outputs 2022 to 2026

The outsourcing of traditionally military functions in Africa to private military companies (PMCs) such as the Wagner Group and the Africa Corps has been accompanied by violations of international humanitarian law and international human rights law. According to the International Law Commission's Articles on Responsibility of States for Internationally Wrongful Acts, state responsibility for these violations can be imputed to the states that employ PMCs to function as their agents, to exercise government authority or to act in the vacuum left by official authorities. States that do not intervene to prevent these abuses fail their obligations of due diligence through …

Access To Justice In Indian Country: Empowering Pro Se Criminal Defendants Through Holistic Defense And Resource Creation, Ilse Turner, Johanna Farmer

South Dakota Law Review

The question of the right to counsel for indigent criminal defendants has consumed various courts and academic journals for decades. Part of this question has revolved around the rights of indigent defendants being prosecuted in tribal courts. There has been scholarly attention devoted to the study of the rights of indigent defendants in tribal courts and the impacts of case law and congressional acts on these rights. This Article seeks to expand the scholarly works around indigent defendants in tribal courts and provide tangible solutions tribes can begin to execute without an act of Congress. This Article will discuss the …

Increasing Access To Justice Through The Use Of Indigenous Restorative Justice And Trauma Informed Practices, Carrie E. Garrow, Danielle J. Mayberry, Micaelee Horn

South Dakota Law Review

Tribal judiciaries are paramount to tribal sovereignty and accessed by court users for many purposes. Access to justice ensures that everyone should be able to understand and assert their rights in a fair tribal justice system. This can be a challenge for rural areas, but even more so in Indian Country due to the complex web of factors such as legal and jurisdictional complexities, the colonization of Indian Nations by federal and state governments, and resource restraints. Due to these barriers and as an effort to serve their communities, tribal justice systems develop mechanisms that are solution based and at …

Pretrial Justice In Indian Country And Bordertowns-Including Rural Tribal Communities In The Bail Reform Conversation, Jordan Gross

South Dakota Law Review

Pretrial detention rates in the United States are down, except in rural counties. Indigenous people are both over-represented and under-protected in settler-colonial criminal justice systems. Yet the criminal justice needs and experiences of rural and Indigenous people are largely overlooked in criminal justice reform research and discourse. I examined the role of rurality in bail administration in Pretrial Justice in Out-of-the-Way Places – Including Rural Communities in the Bail Reform Conversation. There I explained how bail reform measures centered on urban and suburban needs and demographics fail to address pretrial justice challenges and opportunities unique to rural communities. This Article …

Freedom Of Tribal Association, Andrea Nishi

South Dakota Law Review

In Morton v. Mancari, the Supreme Court upheld a statute granting hiring preference to Indian candidates on the grounds that it did so not on the basis of race but on the basis of affiliation with a tribe as a political entity. As the Court recognized, if such a law were struck down on equal protection grounds, the basis for all federal policy protecting Indian interests would be undermined. In Mancari, this reasoning was used to uphold a law that benefitted Indian candidates pursuant to the federal government’s recognized trust responsibility to Indian tribes. The logic of Mancari has since …

Artificial Intelligence, Tribal Sovereignty, And The Criminal Justice System, Kevin Angelo Brown

South Dakota Law Review

As artificial intelligence (“AI”) has become increasingly integrated into everyday life in Indian Country and into governmental functions, including policing, courts, and corrections, it is creating new circumstances that can undermine tribal sovereignty. The 575 federally recognized Tribal Nations are under significant pressure to maintain their sovereignty while adapting to new AI-based technologies. With the implementation of AI, tribes should retain control over how it is used to benefit their communities, without compromising their legal rights or well-being, particularly in light of past harms caused by inadequate legal protections that allowed technological developments to damage tribal health, environments, economies, and …

The Innocence Trap, Caitlin Glass, Julian Green

Faculty Scholarship

What makes a conviction wrongful? Developments in DNA science have led to a wave of exonerations over the past thirty years, revealing sources of error in the criminal legal process. Innocence organizations proliferated to represent people whose convictions could be overturned by newly discovered evidence. This is vital work for the individuals who are released and for the purpose of systemic change. At the same time, a focus on exonerations constructs a relatively narrow conception of wrongful convictions -- one that is synonymous with factual innocence.

Memory Warriors, Pluralists, And Abnegators In Constitutional Interpretation: An Essay On Jack Balkin's Pluralist Originalism In Memory And Authority, Jed Handelsman Shugerman, Zachary Shugerman Handelsman

Faculty Scholarship

Jack Balkin’s Memory and Authority: The Uses of History in Constitutional Interpretation brings into conversation the scholarly insights of constitutional theory, history, and the growing field of “the politics of memory,” especially the concept of the “memory entrepreneur.”

Balkin appropriately connects the memory wars in American constitutional law back to Eastern

European memory wars during the World Wars and their aftermath. Prompted by Balkin, we turn to Jan Kubik and Michael Bernhard edited volume Twenty Years After Communism (2014), which has become even more widely influential after Putin’s invasion of Ukraine and a new round of Eastern European memory wars. …

Restorative Restitution, Lula A. Hagos

American University Law Review

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 …

Do Attorneys Matter In Civil Rights Litigation?, Nancy Leong, Mary Emmerling, Aili Miyake, Rochelle Orlando

FIU Law Review

Civil rights cases brought under 42 U.S.C. § 1983 are very difficult for plaintiffs to win. Commentators generally blame stringent doctrinal and pleading standards for plaintiffs’ low rates of success. This Article instead focuses on factors related to attorneys who litigate civil rights cases: the identity of the attorney (i.e., whether the attorney is a solo practitioner or affiliated with a firm or a nonprofit), the prior experience of the attorney in litigating civil rights cases, and whether these two elements are related to plaintiff success. We identified and coded the dockets for 463 civil rights cases, or 20% of …

Silenced By Fear: Undocumented Immigrant Victims Of Sexual Assault, Adriana Isabel Herrera

FIU Law Review

Imagine being sexually assaulted and then having to choose between justice or deportation. In today’s climate of heightened immigration enforcement, many undocumented immigrant victims of sexual assault understandably remain silent. After all, who would risk everything just to report a crime that might get them deported? The fear of being separated from their families, ripped from the lives they have built, and sent back to dangerous conditions in their home countries prevents these victims from coming forward and seeking justice. Additionally, the current protections available to them are flawed and insufficient—primarily due to the U visa cap and prolonged processing …

No Justice Without Transparency: The Case For A Broad Presumption Of Public Access To Court Documents, Taylor Quimby

FIU Law Review

This Comment argues that a broad presumption of public access to court  documents is essential to preserving the legitimacy and constitutional values  of the American legal system. Although the principle of public access is  rooted in common law and constitutional tradition, individual states differ in  how they approach transparency in the context of court documents. These  jurisdictional inconsistencies continue to gain significance, as the digital age  has completely transformed the way people consume information. The  increasing digitization of court records has heightened the need for consistent  and constitutionally grounded standards that preserve transparency while  adequately protecting legitimate privacy interests. Florida’s …

Carceral Schools: Black Geographies Of Confinement, Surveillance, And Policing, M. Alex Evans

FIU Law Review

This Article charts the deeply entrenched traditions of policing, containing, and surveilling blackness throughout this Nation’s history, with particular focus on Black students and schools. It provides school discipline data demonstrating the perpetual racial, gender, and ability disparities that Black students face decade after decade. It employs Black Geography as a theoretical framework to analyze school as a spatial and racial experience for all youth. This reading of carceral schools as Black geographic terrains of struggle expands the notion of school policing beyond dominant ideations which are largely limited to law enforcement officers in schools. It highlights the extent to …

Negligent Hiring: Recidivism And Employment With A Criminal Record, Benjamin David Pyle

Faculty Scholarship

This Article tackles a difficult legal and policy challenge— reducing the impact of criminal records on job applicants’ chances in a manner that does not spur more discrimination—by looking at how another area of law, tort liability, impacts employers’ decision-making. It uses theoretical and empirical methods to study the most common reason employers report being reluctant to hire workers with a criminal record: legal liability generated by the tort of negligent hiring. While the purpose of the tort is ostensibly to protect and make whole those harmed when an employee misbehaves in a foreseeable manner, I show that, in practice, …

Informed Applicants: Anti-Discrimination Enforcement Based On The Use Of Criminal Records, Benjamin David Pyle

Faculty Scholarship

Navigating the labor market with a criminal record is treacherous. Countless job applicants will be turned down immediately after a potential employer learns they have had contact with the criminal legal system. Criminal records reflect and exacerbate long-standing racial and economic inequalities in the United States. Thus, the use of records in employment decisions will often implicate anti-discrimination laws. However, successfully enforcing these protections requires job applicants to, at minimum, understand why they were not hired. Many applicants never learn why they were not hired and thus will never be able to protect their rights. This Article argues that understanding …

Uncorrected, Janet Freilich, W. Nicholson Price Ii

Faculty Scholarship

In addition to making rules and deciding outcomes, the legal system generates, curates and shares information. When the system gets rules and outcomes wrong, it is obviously a problem, and much effort (and scholarly attention) goes into identifying those mistakes and fixing them. But the system also gets information wrong; a problem mostly overlooked by policymakers and scholars. Those information mistakes matter too: they are prevalent and harmful. We show here that even when the mistakes are widely known and the errors broadly acknowledged, the information very often goes uncorrected. As a result, people make decisions based on bad information …

An Insidious Interstice: Understanding Cognition And Language Behaviour Through The Eyes Of Juvenile Justice Professionals, Anne M. Perrotti, Allison T. Chappell, Tancy Vandecar-Burdin

Human Movement Studies & Special Education Faculty Publications

Introduction

Despite evidence suggesting language and cognition deficits are prevalent for justice involved youth, little research explores how juvenile justice personnel experience language and cognition behaviours in the youth they serve.

Aims

This qualitative study explored how juvenile justice personnel understand language and cognition skills and deficits in justice involved youth.

Methods

Twenty-two U.S. juvenile justice professionals participated in individual, semi-structured interviews. Questions focused on individual understanding of receptive language, expressive language, social communication, and cognition (i.e., problem-solving, predicting consequences and impulsiveness) in juveniles served. Using a phenomenological lens, transcripts were coded identifying themes and sub-themes of participant responses.

Results …