Digital Commons Network^™

Real-Time And Historic Location Surveillance After United States V. Jones: An Administrable, Mildly Mosaic Approach, Stephen E. Henderson

Faculty Articles

In United States v. Jones, the government took an extreme position: so far as the federal Constitution is concerned, law enforcement can surreptitiously electronically track the movements of any American over the course of an entire month without cause or restraint. According to the government, whether the surveillance be for good reason, invidious reason, or no reason, the Fourth Amendment is not implicated. Fortunately, that position was unanimously rejected by the High Court. The Court did not, however, resolve what restriction or restraint the Fourth Amendment places upon location surveillance, reflecting a proper judicial restraint in this nuanced and difficult …

Information Security Challenge Of Qr Codes, Nik Thompson, Kevin Lee

Journal of Digital Forensics, Security and Law

The discipline of information security must adapt to new technologies and methods of interaction with those technologies. New technologies present both challenges and opportunities for the security professional, especially for areas such as digital forensics. Challenges can be in the form of new devices such as smartphones or new methods of sharing information, such as social networks. One such rapidly emerging interaction technology is the use of Quick Response (QR) codes. These offer a physical mechanism for quick access to Web sites for advertising and social interaction. This paper argues that the common implementation of QR codes potentially presents security …

Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra

Faculty Articles

The Sixth Amendment guarantees "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defense." In 1984, the Supreme Court in Strickland v. Washington established the standard for ineffective assistance of counsel that is a violation of this right. In a pair of decisions handed down in 2012, Lafler v. Cooper and Missouri v. Frye the Supreme Court extended the holding in Strickland to cover ineffective assistance by defense counsel in the plea-bargaining phase. Recognizing that pleas account for ninety-five percent of all criminal convictions, the court stated that "the negotiation …

Emergency Department Use For Preventable Behavioral Health-Related Disorders Among Ex-Prisoners In Rhode Island, Christina Andrews

Faculty and Staff Publications

Background

The population of ex-prisoners returning to their communities is large. Morbidity and mortality is increased during the period following release. Understanding utilization of emergency services by this population may inform interventions to reduce adverse outcomes. We examined Emergency Department utilization among a cohort of recently released prisoners.

Methods

We linked Rhode Island Department of Corrections records with electronic health record data from a large hospital system from 2007 to 2009 to analyze emergency department utilization for mental health disorders, substance use disorders and ambulatory care sensitive conditions by ex-prisoners in the year after release from prison in comparison to …

An Examination Of Prostitution And Sex Trafficking Laws Within The United States, Allison J. Capaul

Departmental Honors Projects

As one of the oldest professions, prostitution has had a continual presence in the United States. This once tolerated activity became a public affront at the turn of the twentieth century. Failed attempts at regulation and changes in societal views then advanced the criminalization of prostitution throughout the United States: it was made completely illegal in all states with the exclusion of thirteen counties in Nevada.

At the same time, awareness of sex trafficking increased and laws attempted to protect individuals who were being transported by force, deceit, and threat of force for purposes of sex slavery. While states have …

Permanency Puzzle, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Intuition Versus Algorithm: The Case Of Forensic Authorship Attribution, Lawrence Solan

Faculty Scholarship

No abstract provided.

Parsing Parenthood, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Drug Markets And The State: A Perspective From Political Economy, Jake M. Kosinski

Honors Papers

The paper introduces a classification scheme for state approaches to regulation of drug markets. The concept of the 'drug regulation state' is developed to include policies and agencies concerned with all drugs, including legal examples such as tobacco, alcohol, and oxycodone. Approaches to regulation are classified broadly as drug war, harm reduction, decriminalization, and legalization. The approaches and rationales used by various state agents, especially in the United States and Europe, are summarized and analyzed. The history of modern pharmacology and drug regulation is expanded with a focus on the American case. The role of industry in state regulation is …

"How Much Are You Worth?" The Effects Of Human Trafficking On The Sex Trade In Illinois And The Remedies Designed To Eliminate It. , Sabena Auyeung

Public Interest Law Reporter

No abstract provided.

A Homeless Bill Of Rights: Step By Step From State To State, Jonathan Sheffield

Public Interest Law Reporter

No abstract provided.

Stop The "Stop And Frisk?" How Floyd V. City Of New York Will Limit The Power Of Law Enforcement Across The Nation, Jessica L. Fangman

Public Interest Law Reporter

No abstract provided.

A Propensity Score Matching Analysis Of Race On The Decision To Petition A Case In The Juvenile Court, George Higgins, Melissa L. Ricketts, James D. Griffith, Stephanie A. Jirard

Contemporary Issues in Juvenile Justice

No abstract provided.

Policy Considerations When Applying Sight And Sound Seperations, Jennifer Bradford, Jennifer Capps

Contemporary Issues in Juvenile Justice

No abstract provided.

George C. Wright: A Decade Of Dedication, Prairie View A&M University

President Emeritus George C. Wright Speeches

No abstract provided.

Honorary Degree Citation: Maria Hinojosa, Governors State University

Commencement Documents and Videos

Description and accomplishments of the Doctor of Humane Letters recipient.

The Illusion Of A Second Chance: Expunctions Versus The Law School And State Bar Application Processes, Lydia Johnson

Florida A & M University Law Review

No abstract provided.

A Latina Law Professor's Personal Perspective After The Zimmerman Trial Verdict, Maritza I. Reyes

Journal Publications

No abstract provided.

Black Women's Post-Slavery Silence Syndrome: A Twenty-First Century Remnant Of Slavery, Jim Crow, And Systemic Racism--Who Will Tell Her Stories?, Patricia A. Broussard

Journal Publications

One hot summer's day in the late 1950s, a young mother put her three young children down for a nap. She also bathed and prepared four of her sister's children for naptime. This young woman had volunteered to care for her nephew and nieces while their mother, her younger sister, was in the hospital delivering her fifth child. A short while after putting all of the children in their beds, the children's father, her brother-in-law, knocked on the door. The young woman assumed that he had come over to see his children and to bring them news of their mother …

Law, Language, Crime, And Culture: The Value And Risks Of Comparative Law, Christopher L. Blakesley

Scholarly Works

Words, language, culture, and literature are so important to us human beings that it should come as little surprise that they are part of our law. This article considers language and law in general with a focus on issues of criminal justice, both domestic and international. I examine how and why comparative law is valuable in a criminal procedure course, and generally for domestic and international criminal justice. My examination begins by looking back to our common roots in crime, punishment, and expiation, with a special focus on the role of torture and its impact on current criminal justice systems. …

The Brave Heart Society: An Oral History Of An Indigenous Women's Society, Brook Spotted Eagle

Graduate Student Theses, Dissertations, & Professional Papers

This study examines the Brave Heart Society and the ways in which Brave Heart women collectively approaches trauma-healing outside of the programmatic structures of federally funded tribal systems. National statistics speak to the contemporary struggles impacting most US Indigenous populations in the present-day. Such struggles are residual symptoms rooted in a long history of domination and US imperialism. These data indicate that most tribes have not fully recovered from federally imposed systems of deprivation. Within the context of the Ihanktonwan Dakota community in southeastern South Dakota, the nuanced ways in which trauma impedes development and community wellness is both realized …

Oh Lord Won't You Buy Me A Mercedes Benz: A Comparison Of State Wrongful Conviction Compensation Statutes., Donna Mckneelen

The Scholar: St. Mary's Law Review on Race and Social Justice

All states should pass compensation statutes that provide financial assistance to exonerees. Following wrongful incarceration, exonerees may suffer from post-traumatic stress and may need assistance readjusting to everyday life. Many exonerees may be be ineligible for social benefits and may lack a support system. The exoneree may be alienated because family and friends may still believe that the exoneree actually committed the crime. Furthermore, exonerees may struggle to obtain employment because they lack the current educational and job training skills required for most jobs. Additionally, exonerees may have pre-existing health problems that were exacerbated while incarcerated. An exoneree’s health problems …

Determining The Reasonableness Of Non-Compliance: Examining The Trauma Exception For T-Visa Applicants., Benjamin Thomas Greer, Scott Davidson Dyle

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Hardline Ideology Stymies Real Results: Texas Lawmakers' Battle Over Family Planning Leaves Texas Women Unprotected., Mariel Puryear

The Scholar: St. Mary's Law Review on Race and Social Justice

Family planning has opened economic and social doors for women. Contraception, specifically, allows women to choose when they have children, how far apart their children are born, or if they have children at all. This freedom empowers women to pursue higher education and careers which might not have been attainable otherwise. The increase in education effectively levels the playing field between genders, bringing more women into traditionally male-dominated professions. Family planning and contraceptive measures also dramatically impact low-income families. The role of family planning clinics is extremely important in a state like Texas, where many do not have insurance, and …

Representation Of Gender In Crime News Reports In A Daily Newspaper / Nursuhaila Bte Ibrahim, Ibrahim Nursuhaila

Student Works (2010-2019)

Newspaper reports serve as an important influence over public perception and opinion as it is a source of information about the world. There are various sections presented in newspaper such as technology, sports, and entertainment. One of the sections presented is on crime reports whereby the media reports the crime scenario almost every day around the world. The representation of victims, offenders as well as the situation of crime creates concern and awareness in the readers. This study focuses on the analysis of criminal news reports in a local printed newspaper. Its aim is to investigate the representation of gender …

Iimplementasi Skim Pampasan Mangsa Kecederaan Jenayah Melalui Takaful Di Malaysia : Satu Kajian Perbandingan Dan Tinjauan Pelaksanaan Di Negara-Negara Barat / Mohd Sadad Bin Mahmud, Mahmud Mohd Sadad

Student Works (2010-2019)

Skim pampasan mangsa kecederaan jenayah merupakan suatu kaedah yang dilaksanakan di negara-negara barat untuk membela dan melindungi mangsa kecederaan jenayah. Statistik kes-kes kecederaan dan kematian akibat perbuatan jenayah di Malaysia telah menunjukkan peningkatan daripada 7,355 kes pada tahun 1999 kepada 11,096 kes pada tahun 2009. Undang-undang sedia ada pula lebih menfokuskan aspek hukuman kepada pelaku jenayah sedangkan mangsa kecederaan jenayah dibiarkan sendirian menanggung beban kewangan, penderitaan fizikal dan mental. Keadaan ini amat membimbangkan kita. Malangnya, Malaysia belum lagi mempunyai skim pampasan mangsa kecederaan jenayah walaupun ianya dianjurkan oleh Islam. Apabila berlakunya sesuatu kejadian jenayah barulah kerajaan dan masyarakat akan mengambil …

Experience Of Leaving An Abusive Relationship Among Women Survivors / Ling Mee Chooi, Mee Chooi Ling

Student Works (2010-2019)

The purpose of this qualitative study is to explore women survivors’ experiences of leaving an abusive relationship, to examine how they were able to overcome the obstacles of leaving, and how they utilized resources that enabled them to leave. This study also allowed women to express their own opinions about what helped them leave the abusive relationships. As the process of telling their experiences unfolded, it illuminated the reasons why the women left, providing an explanation of specific aspects of the process that made a difference for the women. This research placed emphasis on the actions of abused women and …

Application Of Forensic Entomology In Crime Scene Investigations In Malaysia / Kavitha Rajagopal, Kavitha Rajagopal

Student Works (2010-2019)

Forensic entomology is the application and study of insect biology to criminal matters. One of the most important aspects of forensic entomology is the usage of maggot found in dead human body to determine the post-mortem interval (PMI). Based on the number of maggot sent for PMI determination, the application of forensic entomology in crime scene investigation is still unsatisfactory in Malaysia. Hence the present study was the first to conduct a questionnaire survey to determine the degree of knowledge and awareness of forensic entomology in Malaysia. A total of 402 participants comprising of the crime scene police officers, pathologists …

Behind The Veil Of The War On Drugs: An Institutional Attack On The African American Community., Kristine Schanbacher

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Technological Cost As Law In Intellectual Property, Harry Surden

Publications

Changes in the scope of IP legal rights are generally thought to be linked to changes in positive law. This Article argues that shifts in the scope of IP laws are often driven by changes in technological feasibility and not by changes in positive law. Diminishing technological constraint is an under-acknowledged factor driving changes in substantive IP law.

More specifically, there are certain activities that are core to IP law. Such activities include, for example, the copying of creative works in copyright (e.g. duplicating books or music), or the manufacturing of products in patent law. Traditionally, IP legal theory has …