Digital Commons Network^™

Entrenching The Minority: The Constitutional Court In Thailand's Political Conflict, Khemthong Tonsakulrungruang

Washington International Law Journal

Since 2006, Thailand has witnessed an unprecedented surge of judicial activism from the Constitutional Court to scrutinize elected politicians in the name of the rule of law. Democracy, argued Constitutional Court judges, could only be consolidated if the rule of law was maintained. But examination of several high-profile constitutional cases suggested that the Constitutional Court was actually working on behalf of the powerful elite minority to obstruct the democratic process under the pretext of protecting the rule of law. This antagonistic position brewed resentment and violence which jeopardized the Constitutional Court’s legitimacy as a neutral political arbiter. The 2014 coup …

Prevention Of Violent Crime: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

During the course of the term, our group was tasked with researching the prevention of violent crime. Our research consisted of examining scholarly articles containing original information regarding the definition and prevalence of violent crime, victims, offenders, modus operandi, prevention strategies and implications for policy and training. Our findings are closely linked to data found in the United States. We began our research with original definitions of the prevention of violent crime contained in the articles. The prevalence of violent crime is discussed, including how measurements were determined. The characteristics of, and factors associated with being a victim of …

Consumer Bankruptcy, Nondischargeability, And Penal Debt, Abbye Atkinson

Vanderbilt Law Review

This Article examines the issue of categorically nondischargeable debts in the Bankruptcy Code. These debts are excepted from discharge ostensibly because they indicate that the debtor incurred the debt through some misconduct, there is an important public policy at play that requires the debt to be excepted from discharge, or a discharge of certain state-imposed debts raises federalism concerns. Using penal debt as its lens, this Article critiques these analytical frames, arguing that they do not do much work to help explain why some debts are treated as categorically nondischargeable while others that seem to implicate the same concerns are …

Reinvigorating Regime Politics, Christopher Shortell

Political Science Faculty Publications and Presentations

This paper seeks to reinvigorate the theory of regime politics in the judiciary among legal scholars, taking into account the critiques offered. The paper reviews the extant literature on regime politics, including its origins, before examining the criticisms this approach engendered. The valid concerns highlight the limited development of regime politics as a theory, despite the empirical work conducted in this tradition. This paper aims to address that shortcoming, explicitly identifying the underlying assumptions of regime politics theory and then developing testable hypotheses based on those assumptions.

Enhancing The Career Planning Self-Determination Of Young Adults With Mental Health Challenges, Jo-Ann Sowers, Paul R. Swank

Regional Research Institute for Human Services

The impact of an intervention on the self-determination and career planning engagement of young adults with mental health challenges was studied. Sixty-seven young adults, 20 to 30 years of age, with mental health diagnoses (e.g., depression, bipolar disorder) were randomly assigned to intervention and control groups. Statistically significant greater increases were made by the intervention group versus the control group for self-determination and career planning engagement, and self-determination at least partially mediated increases in career planning engagement. With career planning self-determination interventions, young adults with mental health challenges might be able to achieve better career and life outcomes than is …

Making An Audience: An Analysis Of Making A Murderer, Bree Ann Trisler

Master's Theses (2009 -)

Steven Avery was released from prison on September 11, 2003, after serving 18 years for a sexual assault he did not commit. Avery was back behind bars in merely two years for a different crime, the murder of 25-year-old Teresa Halbach (Demos & Ricciardi, 2015). This multifaceted story is the focus of the Netflix true-crime series Making a Murderer, a serialization that became “a word-of-mouth true-crime phenomenon” (Itzkoff, 2016) upon its release on December 18, 2015. In this thesis, I aimed to reveal the meanings audience members derived from Making a Murderer and to connect these meanings to the new …

Spring 2017

Common Knowledge (2013-2019)

Five minutes with Dean Alicea; Enhancing knowledge engages SNL faculty; DePaul blue: Police cohort launches in SNL; The buzz; American success story; Family tradition

Foreword: The Books Of Justices, Linda Greenhouse

Michigan Law Review

For this Michigan Law Review issue devoted to recently published books about law, I thought it would be interesting to see what books made an appearance in the past year’s work of the Supreme Court. I catalogued every citation to every book in those forty opinions in order to see what patterns emerged: what books the justices cited, which justices cited which books, and what use they made of the citations. To begin with, I should define what I mean by “books". For the purposes of this Foreword, I excluded some types of reading matter that may have a book-like …

The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman

South Carolina Law Review

No abstract provided.

If Its Walks Like Systematic Exclusion And Quacks Like Systematic Exclusion: Follow-Up On Removal Of Women And African-Americans In Jury Selection In South Carolina Capital Cases, 1997-2014, Ann M. Eisenberg, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume

South Carolina Law Review

No abstract provided.

A Dime For Your Time: A Case For Compensating The Wrongfully Convicted In South Carolina, Chelsea N. Evans

South Carolina Law Review

No abstract provided.

Judicial Selection In South Carolina: Is The Time Ripe For Systematic Restructuring And Improvement: You Be The Judge, Ronald T. Scott

South Carolina Law Review

No abstract provided.

Zero Textbook Cost Syllabus For Economics 201 (Macroeconomic Theory), Bettina E. Berch

Open Educational Resources

This is a zero textbook cost syllabus for teaching macroeconomic theory at the 200 level at a community college. It is designed for a one semester course, using a creative commons textbook and a variety of open source podcasts, newspaper articles, and other materials available to CUNY students.

Supporting Transgender Students In The Biology Classroom: A Curricular Approach, Amit Schwalb , '17

Senior Theses, Projects, and Awards

No abstract provided.

Does "Precrime" Mesh With The Ideals Of U.S. Justice?: Implications For The Future Of Predictive Policing, Jackson Polansky, Henry F. Fradella

Cardozo Public Law, Policy & Ethics Journal

Both the short story and film Minority Report are premised on a Precrime unit that relies on the psychic abilities of human mutants who can predict the commission of crimes before they occur. Advances in technology suggest that the science fiction depicted in Minority Report may one day become a reality. This paper summarizes the ways in which the criminal justice system currently derives crime predictions and extrapolates from these methods how technology might one day allow police to intervene before crimes are committed with great regularity and accuracy. The paper contemplates how an actual precrime system would struggle to …

The "Csi Effect": Tv Crime Dramas' Impact On Justice, Michael Johnson

Cardozo Public Law, Policy & Ethics Journal

The note examines the "CSI Effect," a phenomenon where crime dramas like *CSI* influence jurors' expectations, potentially affecting trial outcomes. It explores whether this effect exists, its implications, and proposes solutions to mitigate its impact on the criminal justice system.

Religion In The Time Of Measles: Prescriptions For Minimizing The Public Health Threats Associated With Religious Exemptions From Mandatory Vaccinations, Victor Diego Gonzalez

Cardozo Public Law, Policy & Ethics Journal

The note examines the legal and public health tensions surrounding childhood vaccination mandates, emphasizing the balance between individual rights and societal interests. It argues that while states have the authority to compel vaccinations under their police powers, the proliferation of nonmedical exemptions, particularly philosophical ones, undermines herd immunity and public health. The analysis advocates for stricter criteria for religious exemptions and educational measures to address vaccine hesitancy, while cautioning against eliminating religious exemptions entirely to avoid public backlash.

When An Educational Process Becomes A Kangaroo Court: University Judicial Proceedings In Cases Of Sexual Assault, Rachel Azarow

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Getting Out: Women In Transition, Abigail Gordon

Spring 2017

From the Washington University Senior Honors Thesis Abstracts (WUSHTA), 2017. Published by the Office of Undergraduate Research. Joy Zalis Kiefer, Director of Undergraduate Research and Associate Dean in the College of Arts & Sciences; Lindsey Paunovich, Editor; Helen Human, Programs Manager and Assistant Dean in the College of Arts and Sciences Mentor: Linda Lindsey

Washington University Senior Honor Thesis Abstracts (Wushta), Spring 2017, Office Of Undergraduate Research

Spring 2017

Complete issue of the Washington University Senior Honors Thesis Abstracts (WUSHTA), Spring 2017. Published by the Office of Undergraduate Research. Joy Zalis Kiefer, Director of Undergraduate Research and Associate Dean in the College of Arts & Sciences; Lindsey Paunovich Editor; Kristin G. Sobotka, Programs Manager; Jennifer Kohl.

The Bail Book: A Comprehensive Look At Bail In America's Criminal Justice System - Introduction, Shima Baughman

Utah Law Faculty Scholarship

Mass incarceration is one of the greatest social problems facing the United States today. America incarcerates a greater percentage of its population than any other country and is one of only two countries that requires arrested individuals to pay bail to be released from jail while awaiting trial. After arrest, the bail decision is the single most important cause of mass incarceration, yet this decision is often neglected since it is made in less than two minutes. Shima Baradaran Baughman draws on constitutional rights and new empirical research to show how we can reform bail in America. Tracing the history …

The Impact Of Public Defense Spending And Caseload On Jury Trial Rates, Holly Travis

Honors Theses

No abstract provided.

Mens Rea And Methamphetamine: High Time For A Modern Doctrine Acknowledging The Neuroscience Of Addiction, Meredith Cusick

Fordham Law Review

Neuroscience research reveals that drug addiction results in catastrophic damage to the brain resulting in cognitive and behavioral deficits. Methamphetamine addiction is of particular interest to criminal law because it causes extensive neural destruction and is associated with impulsive behavior, violent crime, and psychosis. Furthermore, research has revealed important distinctions between the effects of acute intoxication and addiction. These findings have implications for the broader doctrine of mens rea and, specifically, the intoxication doctrines. This Note argues for the adoption of an addiction doctrine that acknowledges the effect of addiction on mens rea that is distinct from doctrines of intoxication.

Cyber Security Risks In Public High Schools, Ion Goran

Student Theses

Today, just like other organizations, schools are vulnerable to cyber-attacks. This vulnerability has vividly revealed itself in recent years, with the number of attacks on public schools increasing and taking ever-changing forms. Today, the student’s grades, disciplinary notes, learning diagnoses, phone numbers, addresses, and another identifying information is all at risk of being exposed. Moreover, poor network security poses a dire threat to parents of school children whose personal records contain sensitive or dangerous information. The practical implications of these attacks require intervention or remedy to increase cyber security. Cyberattacks may take place when storage facilities or infected devices are …

The American Gun Culture: Potential Impact On K-12 School Violence, Gordon A. Crews

Criminal Justice Faculty Publications

•Many insist on combining all types of school shootings/violence saying they are the same, but: •This could not be further from the truth when examining K-12 school violence historically in the United States •Public mass shootings, university shootings, international shootings, and K-12 school shootings are not the same •They have different catalysts, motivations, types of occurrence, and offenders

Contorting Common Article 3, Michael A. Newton

Vanderbilt Law School Faculty Publications

This short Essay describes the circularity of support between the ICRC and the Pre-Trial Chambers of the ICC. Its successive sections describe the problematic potential of extending the substantive coverage of Common Article 3 to encompass members of the same armed group who commit criminal acts against one another.' In particular, the Revised Commentary fails to address the due process ramifications of an enlarged Common Article 3, even as the development of the text documented by the readily available negotiating record warrants an alternative understanding. Lastly, the ICRC position could indicate a radical shift in the very design of the …

Keeping Gideon's Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Lauren Sudeall, Brandon Buskey

Vanderbilt Law School Faculty Publications

The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel.

The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court's right to counsel jurisprudence in this area has remained stagnant. Critics of the …

An Empirical Assessment Of Georgia's Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall

Vanderbilt Law School Faculty Publications

In Atkins v. Virginia, the Supreme Court held that execution of people with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In doing so, the Court explicitly left to the states the question of which procedures would be used to identify such defendants as exempt from the death penalty. More than a decade before Atkins, Georgia was the first state to bar execution of people with intellectual disability. Yet, of the states that continue to impose the death penalty as a punishment for capital murder, Georgia is the only state that requires capital defendants to prove …

If It Walks Like Systematic Exclusion And Quacks Like Systematic Exclusion: Follow-Up On Removal Of Women And African-Americans In Jury Selection In South Carolina Capital Cases, 1997-2014, Ann M. Eisenberg, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume

Cornell Law Faculty Publications

This Article builds on an earlier study analyzing bases and rates of removal of women and African-American jurors in a set of South Carolina capital cases decided between 1997 and 2012. We examine and assess additional data from new perspectives in order to establish a more robust, statistically strengthened response to the original research question: whether, and if so, why, prospective women and African-American jurors were disproportionately removed in different stages of jury selection in a set of South Carolina capital cases.

The study and the article it builds on add to decades of empirical research exploring the impacts (or …

Paper Wall: The Law As A Tool Of Social Division For Courtroom Officials, Aiden J. Egglin

Student Publications

The legal system is implicit with biases that shape how it runs on a larger scale, even if its individual members are hesitant about discussing racial, gender, etc. bias.