Digital Commons Network^™

Leveraging The Convention Against Torture: Opportunities For U.S. Migrants Within International Human Rights Frameworks, Margaret Burnetti

DePaul Journal for Social Justice

No abstract provided.

Penyalahgunaan Kekuasaan Dan Viktimisasi Proyek Strategis Nasional Di Pulau Rempang, Dandi Jayusman, Annarentika Faajra Shakhila, Benedikta Wewieta Li Pena, Elly Saskia, Esterlita Nova Yaser Rantung, Heni Nur Febriyanti, Athifah Danika Pramesti

Jurnal Hukum & Pembangunan

Implementing the National Strategic Project (PSN) on Rempang Island caused controversy over the abuse of power that harmed some local communities. This research aims to analyze the conception of victims of abuse of power in the implementation of PSN, the structural victimization of PSN, the impact of PSN victimization, and the regulation of the rights of people affected by PSN. The research method used is doctrinal research with statutory regulations, victimology, and case approaches. The study shows that communities who experienced repression and violence during the implementation of PSN on Rempang Island are victims of abuse of power. Structural victimization …

The Class Of 2025’S Achievements Celebrated At Pre-Commencement Awards Ceremony, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Class of 2025 was honored at Cardozo’s annual Pre-Commencement Awards Ceremony, celebrating student excellence both in and beyond the classroom. Highlights included the Cardozo Service and Achievement Awards, the Professor John Appel Award for exemplary service, and recognition of outstanding written work across civil advocacy, criminal justice, and publication. Numerous students received distinctions such as the Jacob Burns Medals for editorial leadership, the Stanley H. Beckerman Public Interest Award, and honors in fields like constitutional law, intellectual property, ethics, and public interest. The ceremony showcased the exceptional achievements and dedication of Cardozo’s graduating class

"A Man’S Home Is His Castle"? Intimate Partner Violence, Firearm Surrender, And Home Searches Under Article I, Section 7 Of The Washington Constitution, Dana Raigrodski

Washington Law Review

Intimate partner violence (IPV) remains a vexing problem in Washington. Firearms make intimate partner violence much more dangerous and, frequently, deadly. To protect victims of IPV and to reduce its severity when guns are present, the State of Washington put in place a comprehensive statutory scheme to disarm perpetrators of IPV. In 2022, however, the Washington Court of Appeals for Division II held, in State v. Flannery, that the statutory firearm surrender scheme violates article I, section 7 of the Washington Constitution, which prohibits disturbing a person’s private affairs or invading their home without authority of law. This Article …

Discord And The Pentagon's Watchdog: Countering Extremism In The U.S. Military, Amy Gaudion

Indiana Law Journal

In his 2022 book, Ward Farnsworth crafts a metaphor from the lead-pipe theory for the fall of Rome to consider how rage and misinformation traveling through today’s technology-enabled pipes are poisoning our civic engagement and threatening our governmental structures: “We have built networks for the delivery of information––the internet, and especially social media. These networks too, are a marvel. But they also carry a kind of poison with them. The mind fed from those sources learns to subsist happily on quick reactions, easy certainties, one-liners, and rage.”1 This Article carries the metaphor into a new context and considers what should …

From Australian Influence To Rohingya Refugees: A Systematic Literature Review Of Asylum Seekers And Refugees In Indonesia, Bilal Dewansyah

The Indonesian Journal of Socio-Legal Studies

The fact that Indonesia hosts asylum seekers and refugees attracted not only policy debate and media attention but also academic research. However, no systematic review has been conducted to assess the scholarly literature on this topic. This article is intended to fill this gap by presenting a systematic literature review (SLR) on asylum seekers and refugees in Indonesia. As a result, I found five major themes in the reviewed literature: (1) the focus on the Indonesia – Australia relationship; (2) people smuggling; (3) refugees’ journey and living conditions in Indonesia; (4) Rohingya refugees; (5) legal protection and refugee status. However, …

The Real Impact Of General Deterrence: Empirical Insights From The Robbery Data Of Three American Cities, Andrew W. Eichner

Catholic University Law Review

General deterrence theory relies on the critical assumption that prospective offenders will be deterred from committing crimes when they are aware of the apprehension and punishment of others. This idea has been reiterated across thousands of years of Western political thought and has significant implications in modern American criminal sentencing, though it has not been historically subjected to rigorous testing. The recent availability of voluminous crime data permits a deeper examination of the real impact of sentencings on crime trends and allows the opportunity for previously impossible analyses regarding the efficacy of general deterrence.

To examine whether there is evidence …

The Need For A New Sexual Assault Charge In The Texas Penal Code For Victims Of Intimate Partner Sexual Assault, Brianna Hollien Ruiz

St. Mary's Law Journal

No abstract provided.

In Praise Of Attainder, Nathan Ristuccia

St. Mary's Law Journal

No abstract provided.

Defense Of Indigents In Maine: The Need For Public Defenders, Peter Avery Anderson

Maine Law Review

During the past ten years the United States Supreme Court has engineered a major reworking of criminal procedure through judicial review. In no area of criminal procedure has the overhaul been so drastic as in the right to court appointed counsel. From a time when court appointment of counsel was virtually nonexistent, the right has been expanded to the extent that counsel is now available in nearly all cases and stages of the proceedings. This rapid growth of the right to counsel has placed an understandable strain on state and federal judicial systems. Various means of coping with the demands …

Law School News: Rising Leaders In Justice: Celebrating Rwu Law's Class Of 2025 Honorees 05-07-2025, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

No Lawyer, No Jail: A Critical Case Study Of Pragmatism And The Flaws Of “Purposeful” Decision Making In Argersinger V. Hamlin, Alisa Smith, Sarah K. Stice

Seattle University Law Review

By releasing conference notes and internal communications, Supreme Court Justices provide insight into the otherwise private decisionmaking process, shedding light on how case outcomes and legal reasoning are framed and negotiated. The watershed case of Argersinger v. Hamlin (1972) extended the constitutional right to counsel to some, but not all, misdemeanor defendants. The case was argued twice, and the Court relied on empirical and authoritative sources to answer complex and practical questions about requiring counsel. This case study employs critical discourse analysis to uncover what influenced the Justices’ decisions and how they framed, shaped, and constructed social realities to foreground …

The Race To Erase: Destruction Of Government Documents Undermines Freedom-Of-Information Laws, Frank D. Lomonte

Seattle University Law Review

In August 2019, reporters with Chattanooga’s daily newspaper, the Times Free Press, filed what seemed to be a routine request for access to emails and other public records held by their local county government. The seemingly unremarkable request set the newspaper’s staff on a months-long journey of unpleasant surprises. The first was a demand to pay the county $717 in advance before being allowed to inspect the documents. The second was that—during prolonged haggling over the fee assessment— the county attorney’s office simply destroyed almost all of the disputed records. Third, and most glaringly, the journalists discovered that Tennessee law …

When You’Re Arrested For A Felony In Seattle, You’Ll Meet Me., Austin Field

Seattle University Law Review

In this Essay, Austin Field, a practicing public defender, uses a first-person perspective to describe what it is like to meet a criminal defendant for the first time. He explains the process from start to finish, detailing everything from the way he introduces himself to how bail works.

"I’ll ask you for your name. Most of the time, you tell me. I check your name against my list. On any given day I’m supposed to interview between five and fifteen people. I have a lot of questions for you. We only have about ten minutes."

Examining The Relationship Between Legal Frameworks, And Cultural Norms In Domestic Violence Cases In The United States, Ifedolapo Awonuga

2025 Spring Honors Capstone Projects - Archive

Domestic violence is a pervasive and systemic issue that affects millions of people worldwide and has serious repercussions for families, individuals, and society at large. The research investigates how legal frameworks, societal conventions, and cultural values interact to impact the prevalence and resolution of domestic violence in contemporary society. The study looks at the extent institutional biases, social stigma, and deeply ingrained legal policies hinder efficient victim support, prevention, and intervention. The study combines quantitative analysis of case data, public opinion, and survey results with qualitative analysis of legal frameworks and peer-reviewed literature using a mixed-methods design. The two-pronged approach …

Public Opinion And Judicial Decision-Making: A Relationship Explored Through Interviews With Local, State And Federal Judges Within Mobile County, Alabama, Bella Gin

Honors Theses

Civilians and legal scholars alike often speculate how judges rule and what contributes to their decision-making. Acknowledging this conundrum and combining it with my own interests in the legal field, I attempt to explore how some judges located within Mobile County perceive public opinion and what factors direct their rulings over their respective case dockets. Through seven, semi-structured interviews, I ask each judge a series of questions regarding their backgrounds, decision-making methodologies, thoughts on public opinion relevancy, and application of their approaches to their judgeships. Analysis of the interviewees’ responses reveals data that suggests the judges have a somewhat ambivalent …

Mindful Lawyering: Incorporating Mindfulness Into The American Bar Association’S Model Rules Of Professional Conduct, Lyda Creus Molanphy

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Cyber And Tech-Based Partner Stalking In Jefferson County, Norah Wulkopf

Undergraduate Theses

Since stalking laws were enacted in the 1990s, they have been historically difficult to enforce. As less and less of our lives become private due to our ever-present devices, stalkers frankly have more access to their targets than ever before. The tenuous nature of stalking laws and the growing resources for stalkers place targets of stalking in a very precarious situation: the legal system has never been adequately equipped to handle stalking cases, and local justice systems do not have the resources to handle tech-based crimes. Through interviews with actors in the criminal justice system, this presentation considers how these …

It’S Time For A Change: A Proposal To Abolish Solitary Confinement From Canadian Prisons, Amy Rico

Bridges: An Undergraduate Journal of Contemporary Connections

Despite Canada’s reputation for being a leader in human rights, its treatment of prisoners requires a closer examination. In particular, prisoner and human rights advocates have widely criticized the use of solitary confinement in Canadian federal and provincial prisons as a form of torture. Solitary confinement imposes excruciating and demeaning conditions on prisoners, jeopardizing their mental and physical welfare. Following court decisions deeming solitary confinement unconstitutional, the federal government replaced the formal use of solitary confinement with structured intervention units. However, these units continue to be a reformulated version of the original practice, sustaining the torturous conditions subjected to inmates. …

Rational Choice Theory: An Evaluation, Camille Liebergen, Troy Terry

SACAD: Scholarly Activities

The Rational Choice Theory is the view that individuals who commit crime behave in a rational way. This theory suggests that criminal behavior is not impulsive, but rather a result of a cost-benefit analysis evaluating the perceived rewards from the act against the potential punishment. It suggests that the criminal justice system can reduce crime by increasing the risks associated with criminal behavior. (Siegel, 101)

Familial Fairness: Guaranteeing The Right To Counsel For Indigent Parents In Juvenile Dependency Proceedings, Jake Toth

Dickinson Law Review (2017-Present)

Fairness principles enumerated in the seminal case Gideon v. Wainwright stand for the proposition that fundamental fairness and due process require appointment of counsel for indigent litigants. However, this principle has been constrained to criminal contexts. Many other types of litigation are just as impactful as a criminal proceeding, including juvenile dependency proceedings. Nevertheless, indigent parents do not enjoy an unqualified representation right.

This Comment traces the history of the representation right and how it has been treated in a juvenile dependency context, beginning with Gideon itself and examining other cases such as Eldridge and Lassiter. It then examines …

Prosecuting Police, Guyora Binder, Anthony O'Rourke, Rick Su

Journal Articles

Prosecutors face criticism for prosecuting too many minority members and too few police. Recently, some reformers have won prosecutorial elections by pledging to change these priorities. Yet scholars have identified two impediments to police prosecutions. First, county prosecutors often answer to suburban voters indifferent to the excesses of city police. Second, prosecutors depend on those police to investigate their cases and to endorse them as effective. This Article argues that the influence of residents and police on prosecutorial decisions depends on the political geography of a prosecutor’s office. As a result, whether a prosecutor’s office is “city-based,” “regional,” or “state-appointed” …

A Love Letter To The Leaders: Why Recognizing And Discussing Secondary Trauma In Legal Work Will Benefit Your Staff, Your Clients, And Most Importantly, The Work, Isabel Corngold, Elizabeth Cole

Nebraska Journal on Advancing Justice

When you work in a client-facing, client-centered section of the law like criminal law, and specifically wrongful convictions, you encounter trauma. Many organizations, including innocence organizations, do not do a sufficient job to recognize and address the impact of that trauma on their staff. This piece seeks to explain the potential impact of this trauma by, one, defining the terms burnout; secondary and vicarious trauma; empathetic distress; countertransference; and compassion fatigue, and, two, listing out signs and symptoms that can be caused by experiencing any of these emotions. Drawing from the authors’ experiences in innocence organizations, this piece addresses leaders …

Participatory Defense And Three Pillars Of Criminal Injustice, Isis Misdary

Nevada Law Journal

No abstract provided.

Abolition By Algorithm, Peter N. Salib

Michigan Law Review

In one sense, America’s newest abolitionist movement—advocating the elimination of policing and prison—has been a success. Following the 2020 Black Lives Matter protests, a small group of self-described radicals convinced a wide swath of ordinary liberals to accept a sweeping claim: Mere reforms cannot meaningfully reduce prison and policing’s serious harms. Only elimination can. On the other hand, abolitionists have failed to secure lasting policy change. The difficulty is crime. In 2021, following a nationwide uptick in homicides, liberal support for abolitionist proposals collapsed. Despite being newly “abolition curious,” left-leaning voters consistently rejected concrete abolitionist policies. Faced with the difficult …

A World-Threatening Feeling: Grief, Moral Injury, And Institutional Loss In Rural Courts, Michele Statz

Fordham Law Review

No abstract provided.

Criminalizing Domestic Violence In Egypt: Legal Gaps, Risk Consequences, And The Need For Reform, Ahmed Hussein

Theses and Dissertations

This thesis advocates for the implementation of domestic violence legislation in Egypt as a crucial legal and judicial reform necessary to prevent such violence and challenge societal norms that normalize it. It first examines the evolution of domestic violence legislation in line with international human rights standards, highlighting its applications worldwide and the role of states to interfere in an aim to combat such violence. The arguments for and against explicit criminalization are analyzed, emphasizing how legal frameworks can alter social behaviors that normalize violence. Following this, the thesis will focus on Egypt's legal framework addressing domestic violence, showing how …

It Was The Death Of Bruton, It Was The Birth Of Bruton – Why Confrontation Dismantled The Bruton Rule, And How Due Process Can Save It, Noam Kozlov

St. Mary's Law Journal

No abstract provided.

Quantifying Educational Impacts Under The Nypd's Stop-And-Frisk Era, Matthew T. Stanton

Dissertations, Theses, and Capstone Projects

This project examines the educational and economic impacts of the New York Police Department's "Stop, Question, and Frisk" (SQF) program, implemented predominantly under "Operation Impact" from 2003 to 2022. Using data from the NYPD and the American Community Survey, the study explores correlations between high rates of stop-and-frisk encounters and reduced educational attainment among targeted demographics, primarily Black and Hispanic young men. It contextualizes the socioeconomic consequences of SQF policies, including their effect on lifetime earnings and community trust. The project highlights the limitations of data correlation, advocates for further longitudinal and qualitative studies, and suggests frameworks for mitigating inequities …

Abortion Ally Or Abettor: Accomplice And Conspiracy Liability After Dobbs, Mary Fan

Articles

The bristle of state laws criminalizing abortion after Dobbs v. Jackson Women’s Health Organization raises important questions about accomplice and conspiracy liability for helping people pursue reproductive freedoms out of state. Abortion funds, grassroots organizations, pilots, and other humanitarian volunteers are vital for people in need of abortions, who often are trapped by a lack of resources in abortion criminalization jurisdictions. Threats of prosecution are chilling and even shutting down assistance by abortion funds for travel to pursue reproductive freedoms. The liability questions after Dobbs arise against a backdrop of increasing prosecutions in Europe and the United States for crimes …