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Und Today: April 2018, University Of North Dakota

UND Today Archive

No abstract provided.

Constitutional Clause Aggregation And The Marijuana Crimes, Scott W. Howe

Washington and Lee Law Review

An important question for our time concerns whether the Constitution could establish a right to engage in certain marijuana-related activities. Several states have now legalized cannabis, within strict limits, for recreational purposes, and that number will grow. Yet, some states will not promptly legalize but, instead, continue to criminalize, or only “decriminalize” in minor ways, and the federal criminalization statutes also will likely survive for a time. There currently is no recognized right under the Constitution to possess, use, cultivate, or distribute cannabis for recreational purposes, even in small amounts, and traditional, single-clause arguments for such a right are weak. …

Victims Of Their Own Reluctance: A Legal Analysis Of The United States And The Mine Ban Treaty, Ashley Flood

Honors Thesis

This paper offers a legal analysis of the United States’ failure to join the 1997 Mine Ban Treaty under the parameters of the Law of Armed Conflict. The Law of Armed Conflict sets forth the four basic principles that govern the actions in warfare while the Mine Ban Treaty prohibits the use, stockpiling, production and transfer of anti-personnel mines. As civilians and children are falling victim to landmines every day, the International Committee of the Red Cross pushed for an international policy change that would help the humanitarian assistance as well as place an outright ban on an entire class …

On Wings Of Hope, Volume 22, No. 2, 2018, Phadp, Esther Brown, Anthony Tyson, Jesse Morrison, Castro

On Wings of Hope

April–June 2018 edition. Includes A Christian Perspective, whose authors are listed elsewhere in this archive.

Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry

Department of Justice Studies Faculty Scholarship and Creative Works

Nearly one-third of exonerations involve the wrongful conviction of an innocent person for a crime that never actually happened, such as when the police plant drugs on an innocent person, a scorned lover invents a false accusation, or an expert mislabels a suicide as a murder. Despite the frequency with which no-crime convictions take place, little scholarship has been devoted to the subject. This Article seeks to fill that gap in the literature by exploring no-crime wrongful convictions as a discrete and unique phenomenon within the wrongful convictions universe. This Article considers three main factors that contribute to no-crime wrongful …

Educational Policy Development For Closing The Black And White Achievement Gap, Markisha Mitchell

Dissertations

Abstract

Across the United States in almost every city, every suburb, and every rural area, there is a gap between the achievements of Black and White students. The term “achievement gap” has become an accepted label in situations where Black students severely underperform relative to their White counterparts. Many school districts have discretely avoided discussing and/or addressing this gap for decades. School District Z, located in an urban suburb of a large Midwestern city, is the focus of this research as they attempt to address the gap. Approximately two-thirds of District Z is composed of students of color, yet the …

Combating Discrimination Against The Formerly Incarcerated In The Labor Market, Angela Onwuachi-Willig, Ifeoma Ajunwa

Faculty Scholarship

Both discrimination by private employers and governmental restrictions in the form of statutes that prohibit professional licensing serve to exclude the formerly incarcerated from much of the labor market. This Essay explores and analyzes potential legislative and contractual means for removing these barriers to labor market participation by the formerly incarcerated. First, as a means of addressing discrimination by the state, Part I of this Essay explores the ways in which the adoption of racial impact statements — which mandate that legislators consider statistical analyses of the potential impact their proposed legislation may have on racial and ethnic groups prior …

Bringing Untested Rape Kits Out Of Storage And Into The Courtroom: Encouraging The Creation Of Public-Private Partnerships To Eliminate The Rape Kit Backlog, Gaby Lion

UC Law Journal

No abstract provided.

A Multiple Case Study Of The Interagency Relationship Between School Administrators And Law Enforcement Personnel In The Creation, Implementation, And Sustaining Of School Emergency Management Plans, Robert Lopez

Doctoral Dissertations and Projects

The purpose of this qualitative multiple case study was to examine how the interorganizational relationship between school administrators and law enforcement personnel in the Midwest, South, and Southwest regions of the United States with diverse cultures, missions, and objectives to collaborate to create, implement, and sustain emergency management readiness. The theoretical concept that guided this study involved interorganizational theories as they relate to two or more organizations working together toward a common goal. This study used purposeful sampling of 12 participants from three school districts from the states of Alabama, New Mexico, and Illinois. A within-case and cross-case analysis along …

Cherchant Toujours La Paix: Le Systeme Endogene De La Resolution Des Conflits À Batoufam, Becky Sigman

Independent Study Project (ISP) Collection

This dissertation will explore two subjects: an internship done with the chiefdom of Batoufam and a research project about the endogenous system of conflict resolution in Batoufam. The first part will illustrate the internship done at the museum of the chiefdom. Here will be described the institution, the work accomplished, and an analysis of the experience. In the second part will be asked the research question “what is the endogenous system of conflict resolution of Batoufam and how has it adapted in the context of the imposition of westernization?” After doing a literature review and explaining the methodology of the …

Admissibility Of First Time In-Court Eyewitness Identifications: An Argument For Additional Due Process Protections In New York, Dakota Kann

Cardozo Law Review

No abstract provided.

Community Leadership Associated With Jail Diversion, Wallace J. Fraser Ma

All Student Scholarship

In early 2004 a local county sheriff began recognizing the challenges that the county jail was facing with overcrowding and an increasing population with mental illness and substance use. The county sheriff, along with a local advocacy group, created a coalition to begin exploring jail diversion and getting those who needed treatment into treatment and keeping them out of the jail system. This research examines this coalition and looks at the coalition and how community leadership assisted in the formation and the success of the group.

Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin

Faculty Publications

No abstract provided.

The Surveillance Gap: The Harms Of Extreme Privacy And Data Marginalization, Michele Gilman, Rebecca Green

Faculty Publications

We live in an age of unprecedented surveillance, enhanced by modern technology, prompting some to suggest that privacy is dead. Previous scholarship suggests that no subset of the population feels this phenomenon more than marginalized communities. Those who rely on public benefits, for example, must turn over personal information and submit to government surveillance far more routinely than wealthier citizens who enjoy greater opportunity to protect their privacy and the ready funds to secure it. This article illuminates the other end of the spectrum, arguing that many individuals who may value government and nonprofit services and legal protections fail to …

Law School Applicants By Degrees: A Per Capita Analysis Of The Top Feeder Schools, Accesslex Institute

AccessLex Institute Research

In this research publication, AccessLex Institute explores "applicant concentration" at the top 240 feeder schools, as published in the Law School Admission Council's (LSAC) Top 240 Feeder Schools for ABA Applicants list. The resulting "per-capita" figures help contextualize the feeder school trends.

Bringing The Science Of Policing To Liability For Third-Party Crime At Shopping Malls, Aaron Twerski, John M. Shane

Faculty Scholarship

No abstract provided.

Camp Suzanne: A Qualitative Case Study On Attachment Theory And Longevity Considerations For An Art Therapeutic Program For Incarcerated Mothers And Their Children, Noelle Palm, Kaylee Falcon

LMU Theses and Dissertations

A qualitative study of the experiences and observations of 4 art therapists and 2 program directors who facilitated Camp Suzanne, a week-long art-based therapeutic program for incarcerated mothers and their children in a federal prison in California. Research on psychotherapy, art therapy, and family therapy in prison environments, with a focus on parent-child dyads, Attachment Theory, and various techniques for creating sustainable therapy with separated family units, including tele-mental health and evidence-based military protocols, informed the interviews. The research participants were interviewed individually and created art regarding the subjects of Attachment Theory with incarcerated-mother-child dyads and longevity considerations for the …

Deer-Vehicle Collisions In Kalamazoo County, Michigan: A Study Using Gis And Statistical Modeling, Alex Todd Laporte

Masters Theses

Kalamazoo County ranked 15th among 83 Michigan counties in 2015 with 917 deer-vehicle collisions (DVCs). With the white-tailed deer population on the rise, the chances of collisions are also more likely to increase. Most predictive models developed for wildlife-vehicle collisions are used for specific areas and have localized characteristics that are hard to apply to different locations and animal species. By analyzing Kalamazoo County’s specific land cover, weather, traffic, and time variables with locations of deer-vehicle collisions throughout the county, characteristics are identified distinguishing between areas of differing risk. Geographic Information Systems (GIS) can locate areas with a high rate …

An Evaluation Of Domestic Violence Shelter Programs And Research Best Practices, Katherine Brown

Masters Theses

Domestic violence is a prevalent social problem occurring all over the world. The numerous ways society addresses domestic violence programs varies causing further complications. This study aims to better understand some of the domestic violence research best practices, programs, and policies available through a national study examining innovative residential shelter programs. A content analysis of interviews, tour photos, shelter pamphlets/websites, and training materials suggested four themes. The main finding, however, suggested trauma-informed care should be implemented within safe housing for survivors of domestic violence.

Take Me Out Of The Ballgame, Take Me Out To The Free Market: An Analysis Of Midterm Contract Renegotiation In Major League Baseball, Aaron Bretter

Cardozo International & Comparative Law Review

The note argues that mid-term contract renegotiations in Major League Baseball (MLB) should be permitted under specific legal doctrines, such as efficient breach, changed circumstances, and duress. It advocates for a more dynamic and equitable system where player compensation aligns with current performance, balancing fairness for players and practical considerations for teams. While the theory of efficient breach is intriguing, the doctrine of changed circumstances is posited as the most viable legal remedy for renegotiation, particularly when a player's performance significantly exceeds initial expectations.

The Abolitionist Movement Comes Of Age: From Capital Punishment As A Lawful Sanction To A Peremptory, International Law Norm Barring Executions, John D. Bessler

Montana Law Review

The anti-death penalty movement is rooted in the Enlightenment, dating back to the publication of the Italian philosopher Cesare Beccaria’s treatise, Dei delitti e delle pene (1764). That book, later translated into English as An Essay on Crimes and Punishments (1767), has inspired anti-death penalty advocacy for more than 250 years. This Article traces the development of the abolitionist movement since Beccaria’s time. In particular, it highlights how the debate over capital punishment has shifted from one focused primarily on the severity of monarchical punishments, to deterrence, to one framed by the concept of universal human rights, including the right …

Why De Minimis Should Not Be A Defence, Stephen Coughlan

Articles, Book Chapters, & Popular Press

De minimis non curat lex—the idea that the law does not concern itself with trifles—is originally a private law maxim whose applicability in criminal law is uncertain. The author argues that de minimis should not exist as a criminal defence. This article distinguishes the use of de minimis as an (accepted) interpretative principle in criminal law from its application as a defence. In doing so, the author critiques the potential rationales for de minimis offered by Arbour J in Canadian Foundation for Children, Youth and the Law v Canada (Attorney General). Instead, the author draws a parallel between de minimis …

The Influence Of Government Defenders On Affirmative Civil Rights Enforcement, Alexander A. Reinert

Fordham Law Review

The focus of this brief Article will be on a conundrum, particularly in the area of civil rights enforcement: the federal government—in particular the DOJ—can be one of the most efficient and powerful vindicators of civil rights, while at the same time one of the most effective advocates for imposing barriers to affirmative civil rights enforcement. At the same time that the DOJ’s Civil Rights Division (CRD) is entering federal court to “vindicat[e] rights and remedy[] inequities,” attorneys in the Civil Division (either from Main Justice or in any number of U.S. Attorney’s offices) are appearing in court to prevent …

Legal Strategies For Economic Empowerment Of Persons In Recovery, Lauren Rogal

Vanderbilt Law School Faculty Publications

Substance use disorders, which afflict nearly 8% of the U.S. population,' exact a devastating human and economic toll. The opioid epidemic has caused overdose deaths to quadruple since 1999.2 In 2013 alone, the epidemic imposed an economic burden of over $78.5 billion, including $28.9 billion in spending on health care and substance abuse treatment. These burdens increasingly fall on rural and under-resourced areas, particularly in the Appalachian region. The crisis has evoked a range of policy reforms to prevent addiction, investments in treatment for sufferers, and lawsuits against purveyors of addictive substances.

Rain Of Gold'S Prison Play: Identity Making And Maneuvering, William Henry Guajardo

Theses and Dissertations

Critics mostly dismiss Victor Villasenor's 1991 Rain of Gold—the supposed biography of the author's father who enters the United States during the Prohibition era. Nevertheless, upon closer examination this narrative explores and erodes corroded human categories and racial reductions present in the Southwestern penal system. According to scholars in critical prison studies and critical race theory, the prison functions as a state-sanctioned method for prosecuting criminals and persecuting minority Americans. Juxtaposing Rain of Gold with these two areas of academic research, however, reveals that penitentiaries produce faulty and fallible notions of personhood that are, in part, responsible for the …

Principles Of Risk Assessment: Sentencing And Policing, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Risk assessment — measuring an individual’s potential for offending — has long been an important aspect of criminal justice, especially in connection with sentencing, pretrial detention and police decision-making. To aid in the risk assessment inquiry, a number of states have recently begun relying on statistically-derived algorithms called “risk assessment instruments” (RAIs). RAIs are generally thought to be more accurate than the type of seat-of-the-pants risk assessment in which judges, parole boards and police officers have traditionally engaged. But RAIs bring with them their own set of controversies. In recognition of these concerns, this brief paper proposes three principles — …

The Idea Of "The Criminal Justice System", Sara Mayeux

Vanderbilt Law School Faculty Publications

The phrase "the criminal justice system " is ubiquitous in discussions of criminal law, policy, and punishment in the United States-so ubiquitous that, at least in colloquial use, almost no one thinks to question the phrase. However, this way of describing and thinking about police, courts, jails, and prisons, as a holistic "system, " became pervasive only in the 1960s. This essay contextualizes the idea of "the criminal justice system" within the longer history of systems theories more generally, drawing on recent scholarship in intellectual history and the history of science. The essay then recounts how that longer history converged, …

Integrating The Access To Justice Movement, Lauren Sudeall

Vanderbilt Law School Faculty Publications

Last fall, advocates of social change came together at the A2J Summit at Fordham University School of Law and discussed how to galvanize a national access to justice movement - who would it include, and what would or should it attempt to achieve? One important preliminary question we tackled was how such a movement would define "justice," and whether it would apply only to the civil justice system. Although the phrase "access to justice" is not exclusively civil in nature, more often than not it is taken to have that connotation. Lost in the interpretation is an opportunity to engage …

Examining Procedural Justice And Legitimacy In Corporate Offending And Beyond-Compliance Behavior: The Efficacy Of Direct And Indirect Regulatory Interactions, Michael P. Vandenbergh, Melissa Rorie, Sally Simpson, Mark Cohen

Vanderbilt Law School Faculty Publications

The large-scale physical and financial consequences of corporate environmental violations are undeniable. In 2015, for instance, Volkswagen was found to have installed software on some of its diesel models that allo\xed the cars to pass emissions tests while producing up to forty times more emissions than allowed. Aside from the obvious use of deceptive advertising and the financial harm suffered by Volkswagen investors and car owners (Chevs 2015: Greene and Foley 2015: Shah 2015), it has been estimated that these actions will cause sixy premature deaths, thirty-one cases of' chronic bronchitis, and thirty-four other cases of serious cardiac and respiratory …

Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

Americans increasingly recognize that "mass incarceration"-unprecedented incarceration levels well beyond those necessary to protect society- is a problem. Even among experts, however, few can persuasively explain how the phenomenon arose or what can be done to make it go away. These are the questions John Pfaff grapples with in his highly anticipated book, Locked In: The True Causes of Mass Incarceration-And How to Achieve Real Reform. The book's provocative conclusion is that "[p]rosecutors have been and remain the engines driving mass incarceration" (p. 206). As a result, he criticizes reform efforts that focus on legislators and judges and instead advocates …