Digital Commons Network^™

Are Individual Mental Health Issues Treated Fairly By The Criminal Justice System?, Taylor Anderson

Master of Arts in Human Services

The intersection of mental health and the criminal justice system is a critical area of inquiry that highlights the complexities of addressing psychological disorders within our legal frameworks. This paper explores the prevalence of mental health issues among incarcerated individuals and examines how systemic deficiencies contribute to a cycle of recidivism and inadequate treatment. By analyzing the existing literature, the research aims to illuminate the pressing need for a reform in the handling of mentally ill offenders, advocating for a shift towards more rehabilitative approaches rather than punitive measures. The implications of those findings extend beyond individual cases to societal …

When Childcare Becomes A Crime Space In Contemporary Indonesia, Isyana Kurniasari Konoras, Dr. Dra. Vinita Susanti, M.Si

Jurnal Kriminologi Indonesia

Abstract. The increasing incidence of violence against children in daycare institutions reflects a structural crisis in contemporary child protection systems. This study examines the violence case at Little Aresha Daycare in Yogyakarta to identify the criminogenic factors underlying abuse in institutional childcare settings. The research applies a normative-empirical qualitative method through media-based case studies, legal analysis, and criminological interpretation. The findings demonstrate that violence emerged from the convergence of three major factors: structural strain experienced by caregivers, weak capable guardianship within daycare institutions, and the normalization of abusive disciplinary practices. Robert K. Merton’s Strain Theory explains how economic and occupational …

Methamphetamine Trafficking In Indonesia: A Routine Activity And Situational Crime Prevention Perspectives, M Fadli Makarim

Jurnal Kriminologi Indonesia

Abstract. Methamphetamine trafficking represents one of the most significant forms of transnational organised crime affecting Indonesia and appears to be facilitated by Indonesia’s strategic position within global maritime trade networks. Existing explanations have emphasised law enforcement capacity and policy responses, while less attention has been given to the opportunity structures that may facilitate trafficking activities. This study examines how Routine Activity Theory may contribute to explaining methamphetamine trafficking in Indonesia and considers its implications for Situational Crime Prevention. This study employed a structured literature review based on a systematic semantic search of publications indexed in Semantic Scholar and OpenAlex. The …

Criminalizing Environmental Defenders In Indonesia’S Extractive Development: A Green Criminology Perspective, Raihan Muhammad

Jurnal Kriminologi Indonesia

This article examines how extractive development in Indonesia contributes to the criminalization of environmental defenders from a green criminology perspective. The study departs from the growing trend of intimidation, criminalization, violence, and legal retaliation experienced by communities resisting environmentally destructive projects in mining, coastal reclamation, plantation expansion, and National Strategic Projects (PSN). Using a qualitative socio-legal approach, this research analyzes statutory regulations, policy instruments, court decisions, academic literature, civil society reports, and documented cases related to environmental conflicts and environmental defenders in Indonesia. Data were collected through a literature review and document analysis, then analyzed using qualitative content analysis within …

Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights In Support Of Respondents: St. Mary Catholic Parish V. Roy, Catherine Smith, Tanya Washington, Robin Walker Sterling, Suzette Malveaux, Barbara Bennett Woodhouse, Sara S. Hildebrand, Abigail L. Fleming, Jeremiah Chin

Scholarly Articles

This Court should consider those most directly impacted by the decision in this case: the intended beneficiaries of Colorado’s Universal Preschool Program (“UPK”), Colorado’s children. To paraphrase Shakespeare, though they be but little, they are constitutional rights-bearers and are thus entitled to be free from state-funded discrimination.

Amici are scholars of children and the law, education law, family law, and anti-discrimination law. Amici draw this Court’s attention to the significant harms children in the LGBT community would bear should Colorado be compelled to allow state-funded religious schools to discriminate against preschoolers. Exempting religious schools from the State’s equal-opportunity and antidiscrimination …

Introduction To The Oral History Project Of The World Trading System: The Story Of John H. Jackson And His Unique Role, Jennifer A. Hillman

The Oral History Project of the World Trading System

Georgetown Law has been fortunate to have so many pathbreaking professors teaching, researching, and writing here. For those in the international trade arena, none stands taller than Professor John H. Jackson, who came to Georgetown in 1998 after a storied teaching career at the University of Michigan and immediately set to work with his singular ability to bring together scholars, students, government officials, and practitioners to examine the trade challenges of the day from every angle—always looking to develop innovative ideas and practical solutions.

Immediately upon arrival at Georgetown, Professor Jackson created the Institute of International Economic Law (IIEL)—one of …

Ndls Communicator: Week Of 08.24.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Welcomes New Faculty Members for 2026–27 Academic Year
• ND Law Professor Jimmy Gurulé Leads Trainings for Mexican Foreign Affairs Officials and Advances the Program for the Defense of Mexican Nationals

Faculty Briefs

• Rick Garnett
• Roger Alford
• Msr. John Paul Kimes
• Mary Ellen O'Connell
• Judy Fox
• Vinny Versagli

[Almuni Notes]

• Dennis Wieboldt '26 J.S.

• Faculty and Staff Kick Off Luncheon
• Western Legal Exceptionalism and the Test of Comparative Law Talk by Matteo Niccolini, Associate Professor of Comparative Public Law, University of Verona, Italy
• Faculty Meeting

• The University of Notre Dame is …

Promoting Developmentally Informed Justice: A Developmental Assessment Referral Framework For Juvenile Transfer Decisions, Carly F. Colman

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

The transfer of youth between juvenile courts and adult courts is one of the most consequential decisions made in the American legal system, as it will influence the youth’s legal outcomes, developmental trajectories, and long-term well-being. Advances in adolescent brain science show that there are many factors associated with youthful offending, including developmental immaturity, susceptibility to external influences, and ongoing neurobiological development—all of which are related to age, rather than being fixed criminal traits. Despite this growing body of evidence, legal decision-making in juvenile transfer and sentencing does not consistently incorporate individualized developmental data. This paper examines the important role …

"Compromise With Lawlessness": The Relationship Between Lynching And The Death Penalty In Arkansas, 1895-1925, Michael Lynch

The Ozark Historical Review

“Compromise with Lawlessness”: The Relationship between Lynching and the Death Penalty in Arkansas, 1895–1925 examines the complex relationship between extralegal lynching and state-sanctioned capital punishment in Arkansas during the late nineteenth and early twentieth centuries. While existing scholarship often characterizes the decline of lynching and expansion of capital punishment as a straightforward substitution, this article argues that the Arkansas experience was more dynamic, with lynching and legal execution functioning as competing and sometimes complementary mechanisms for satisfying demands for racialized justice and social control. Through an examination of the 1898 lynching of Bud Hayden in Texarkana and the 1901 execution …

Emotional Intelligence Deficits And Behavioral Escalation Among Justice-Involved Populations, Aleasa M. Word

Master of Arts in Human Services

This capstone examined the relationship between deficits in emotional intelligence and behavioral escalation among justice-involved populations, who frequently demonstrated challenges with emotional regulation, impulse control, aggression, and behavioral escalation. However, many correctional interventions, including traditional anger management programming, emphasized behavioral compliance rather than the underlying emotional processing deficiencies that contributed to these behaviors. This project synthesized existing peer-reviewed literature from psychology, criminology, forensic behavioral health, and correctional rehabilitation research to examine how low levels of emotional awareness, emotional regulation, empathy, and interpersonal functioning are associated with aggression, recidivism, and escalating behaviors. Findings suggested deficits in emotional intelligence were consistently associated …

An Act-To Provide For The Construction Of Additional Buildings For The State Normal School At Florence, Alabama, The Brown Printing Company, State Printers And Binders Montgomery, Alabama

Documents on Education and Progress of the University

Act No. 366-To provide for the Construction of additional buildings for the State Normal School at Florence, Alabama, and for providing for the furnishing and equipment of the same, and for the repairs of existing buildings, and to appropriate funds therefor.

-Legislature of Alabama Session of 1911-

Normative Dualism And Parallel Institution-Building: The Case Of International Commercial Dispute Prevention And Settlement Organization (Icdpaso), Kun Fan, Xiaolei Han

International Law Journal

As China rises as a global power, it confronts an international legal order historically shaped by Western actors. In response, China has adopted a dual strategy: engaging with existing institutions while building “parallel institutions” to advance its influence. This paper examines the International Commercial Dispute Prevention and Settlement Organization (ICDPASO) as a case study of this strategy and analyzes how China seeks to reshape international dispute resolution. Drawing on original empirical data—including 85 interviews with arbitrators, users, officials, and legal experts—this paper provides the first comprehensive analysis of ICDPASO’s strategic motivations, governance model, dispute resolution mechanisms, and user perceptions. We …

Digital Forensic Skill Gaps Among Law Enforcement And Implications For Modern Criminal Investigations, Chip Thornsburg

Doctoral Dissertations and Projects

Digital evidence has become a routine component of modern criminal investigations; however, many law enforcement agencies face challenges in developing the personnel, training, and resources needed to manage increasingly complex digital evidence. The purpose of this explanatory sequential mixed-methods study was to examine digital forensic skill gaps among Texas local law enforcement agencies and their implications for modern criminal investigations. Guided by Human Capital Theory and Routine Activities Theory, Phase I employed a statewide survey of agencies to assess digital forensic resources, training, competency, and digital evidence usage. Quantitative data were analyzed using descriptive statistics, Kruskal–Wallis tests, chi-square tests of …

Book Review: After Apprendi And Erlinger, The Jury - Not The Judge - Determines Whether Or Not The Defendant Is A Habitual Traffic Offender, Harvey Gee

ConLawNOW

This book review discusses Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration by Rachel Barkow. The review concludes that the book persuasively argues that from the 1960s through the 1980s, the Supreme Court repeatedly departed from constitutional text, history, and precedent in expanding the government’s power to arrest, prosecute, and detain. And contends that these trends both curtailed individual liberty and worsened racial inequality. The review then builds on Barkow’s important scholarship to extend her conversation to cover criminal litigation in general jurisdiction state courts—where people are compelled to go when they are cited or …

The Obligation Of Owner Of An Electronic Store To Protect The Client’S Personal Data: A Comparative Study, Raad Hashim Ameen

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The worlds nowadays witness the emerge of information and communication revolution, which is resulted in the flourish of electronic trade. One of the revolution’s manifestations lies in that an increase in electronic (digital) stores by which a considerable consumers prefer to deal with a merchant via the internet and other means of communications.The circumstances surrounding the contracts of electronic the provision of goods and services necessitates from a consumer to provide a merchant with his personal data. The risk is stem from that the merchant may exercise illegal exploitation on a consumer’s personal data, and thus could cause reluctant by …

The Principle Of Legal Certainty In Criminal Legislation As A Pillar Of The Legality Of Crimes And Punishments, Ali Qasim Abu Al-Hail, Jalal Al-Din Qiyasi

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

This study examines and analyzes the “Principle of Legal Certainty in Criminal Text” as an indispensable substantive pillar for activating the principle of legality of crimes and punishments in contemporary legal systems. The research problem stems from the reality of legislative practice, which frequently falls into the trap of using vague and elastic formulations under the pretext of combating evolving crimes. This vagueness destroys legal certainty, deprives individuals of the predictability of criminal behavior, and implicitly shifts the de facto power of incrimination from the legislator to the judge. To address this issue, the study adopts an analytical-rooting approach, supported …

Appellate Oral Argument In The Federal Courts Of Appeals: A Vestige Of The Past, Or A Vital Check On Intuitive Decision-Making?, Jessica K. Webb

Faculty Publications

No abstract provided.

Ndls Communicator: Week Of 08.17.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Welcome Week for 1Ls!

Faculty Briefs

• Rick Garnett
• Mary Ellen O'Connell
• Lloyd Mayer
• Kristina Swanson
• Haley Proctor
• Paolo Carozza
• Patrick Corrigan
• Sherif Girgis
• Derek Muller
• NDLS Immigration Clinic in the News

Events

• Welcome Week for 1Ls
• September 1 - Western Legal Exceptionalism and the Test of Comparative Law

Around the Watercooler

• August Birthdays
• Staff Spot Awards accepting nominations

Rodrigo’S Weather Report: Is The Sky Falling?, Richard Delgado

Minnesota Journal of Law & Inequality

In the latest installment of the Rodrigo series, the main character and his straight man discuss what has come to be called sanewashing, focusing on the Administration’s many contrived emergencies to accomplish objectives that would otherwise be flatly illegal.

U.S. Service Member To Counseling Student, Nicole Marie Arcuri Sanders, Kellie Forziat-Pytel

Journal of Counselor Preparation and Supervision

This qualitative descriptive study examines the absence of military career pathways for licensed mental health counselors (MHCs) and the impact of this structural limitation on service members' career transitions. Findings indicate that both combat and non-combat veterans pursued mental health counseling due to personal service-related mental health experiences and dissatisfaction with available care while in service. Despite these challenges, many participants expressed a strong desire to continue serving their country as professional counselors. Over half of the participants reported separating from the military because no occupational role existed for licensed MHCs. At the same time, most indicated they would have …

Elite Mobilisation And Norm Contestation In A Pluralistic Legal System: A Case Study Of The Gambia, Oumie Njie, Abdou Barrow

Global: Jurnal Politik Internasional

This paper examines elite mobilisation and norm contestation within The Gambia's pluralistic legal framework, encompassing common, customary, and Sharia law, in the context of implementing the Convention on the Rights of the Child (CRC). Despite ratification and domestic legislation, implementation has been significantly challenged by religious leaders and traditional authorities who mobilised resistance against key CRC provisions, including prohibitions on child marriage, child labour, and female genital mutilation (FGM), citing incompatibility with local customs and beliefs. This resistance manifested both implicitly through neglect and explicitly through direct contestation. The paper highlights the tension between civil society organisations and international human …

El Mercado De Pescado – The Dembow Fish Market Case: Browne V. Donalds, Catherine Stagliano

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The billion-dollar Latin music industry is facing its most formidable opponent yet: Steely & Clevie.[1] While this name may be unfamiliar, the musical duo has raised a crucial issue against a seemingly settled principle of copyright infringement: whether a rhythm is copyrightable.[2] The rhythm in question is reportedly an integral part of the entire genre of reggaeton.[3] Nonetheless, Steely & Clevie decided to sue over 100 Defendants—including Bad Bunny, the most streamed artist in the world—for copyright infringement across almost 4,000 songs.[4] Now, one copyright infringement case has the power to dictate the future of reggaeton and severely disrupt music …

A Phenomenological Study Of The Experiences Of Black Students In Criminal Justice Programs And Its Implications On Social Justice, Demetrius C. Dacres

Seton Hall University Dissertations and Theses (ETDs)

This study examined the experiences of Black students who graduated with degrees in criminal justice within the last five years, as well as professors serving criminal justice programs. In this study, Black students are defined as those who identify as Black or African American, and the research focused on a criminal justice higher education institution’s educational program in the Northeast. This qualitative phenomenological study drew on Lent’s Social Cognitive Career Theory and Tinto’s Student Integration Model to investigate how Black students experienced criminal justice programs and the resources and strategies they utilized to navigate and adapt. The study addressed a …

The Case For Fixing The Unprincipled Residence Tax Exemption, Allison Christians, Samuel Singer

Osgoode Hall Law Journal

When Canada overhauled its income tax to include capital gains in 1972, lawmakers suddenly had to decide how to deal with personal home sales. After heated debate, they opted to exclude the gains on an individual’s principal residence on the grounds that the core purpose of a home is to provide “basic shelter” for its owner-occupants.

The principal residence tax exemption has since become one of Canada’s biggest tax shelters and now amounts to one of Canada’s largest tax subsidies to individuals. Along the way, it has created economic distortions, administrative challenges, and inequitable distributive outcomes. While lawmakers have occasionally …

Editorial, Niveditha K. Prasad

Socio-Legal Review

No abstract provided.

Review Essay: Human Security And Civilian Protection During Violent Conflict, Lauren Spink

The Journal of Social Encounters

No abstract provided.

Review Essay: The New Misogyny And The Rise Of Violent Extremism, Shannon Smith

The Journal of Social Encounters

No abstract provided.

Uganda’S Two Tyrants, Helen Epstein

The Journal of Social Encounters

No abstract provided.

Review Essay: The Original Sin Of Humanity, John Sniegocki

The Journal of Social Encounters

No abstract provided.

Review Essay: African Americans, Sudan, And The Politics Of Solidarity, Walter Hill

The Journal of Social Encounters

No abstract provided.