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Neuroscience And The Personalization Of Criminal Law, Deborah W. Denno

University of Chicago Law Review

While objective standards of reasonableness permeate most legal disciplines, criminal law has trended toward personalization since the 1960s, when the Model Penal Code introduced conceptions of mental states based on Freudian psychoanalytic theory. Today, advancements in neuroscience offer previously inconceivable insights into living brain structures and damage. This Essay contends that a criminal justice system that uses personalizing neuroscientific evidence will yield better outcomes. This Essay contributes two unique tools to the personalized law debate. First are the results of my two-decade-long Neuroscience Study, in which I have compiled eight hundred criminal cases that addressed neuroscientific evidence in any capacity. …

Evidence On Fire, Valena E. Beety, Jennifer D. Oliva

North Carolina Law Review

No abstract provided.

Escaping Death: Naloxone's Chemical Nature And Potential To Combat The Opioid Epidemic, Abigale Miller

Honors Program: Senior Projects (Public)

Naloxone is a life-saving drug with the ability to reverse an opioid overdose. As the opioid epidemic’s death toll rises, we can turn to Naloxone as a tool to combat the crisis. The epidemic, born of corruption, has a wide reach among the people of the United States, with especially firm grasps on middle-aged people, sufferers of chronic pain, white Americans and those living in the eastern portion of the country. Naloxone’s elegant design saves lives by effectively competing for a position on an opioid biding receptor in the brain to almost instantly end an overdose and restore normal breathing. …

Student Perceptions Of Reasons For Lecture And Active Learning, Calan Koch

Honors Program: Senior Projects (Public)

With perceived student resistance to active learning in the classroom, instructors are hesitant to implement such methods into their classroom structure despite how effective they may be. This research seeks to understand student perceptions related to the transition to higher prevalence of active learning techniques. We aimed to find answers to how students perceive the ideal classroom to be structured, what reasons they perceive for lecture and active learning components, and possible explanations to concerns of groupwork during class time. We analyzed 64 interviews with undergraduate biology students at the University of Nebraska- Lincoln, developed coding rubrics from commonly found …

Protecting Police Applicants From Disability Discrimination Under The Americans With Disabilities Act, Thomas R. Smith Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.

Vocational And Life Skills Monthly Data Update: March 2019, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during monthly update calls and regular site visits.

The current data derives from an active database, with live data being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common example …

Vocational And Life Skills Quarter Report: Grant Cycle 3, Quarter 3 January-March 2019, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

This report presents quarterly data and evaluation updates for the Vocational and Life Skills Program (VLS) through Quarter 3 of Grant Cycle 3. VLS was created by the Nebraska Legislative Bill 907 in 2014 to reduce recidivism and increase meaningful employment for Nebraskans convicted of a crime. The report contains 1) descriptions of the eight funded programs across the state, 2) a snapshot of program participation across the programs, 3) demographics of the participants served by the VLS initiative, and 4) participation breakdowns and descriptions of the skills participants are gaining through VLS programming. VLS continues to update service providers …

Motivations For Pursuing A Career In Law Enforcement: An Analysis Of A Local Law Enforcement Agency, Mark W. Thomas

Doctor of Psychology (PsyD)

Current law enforcement agencies are facing increasing pressure to hire more female and minority applicants. In addition to this, many agencies may be struggling to hire sufficient numbers of qualified candidates in general. This has created a need for understanding the individual factors that may motivate specific types of individuals towards a career in law enforcement. The current study assesses these motivations in a sample of currently employed law enforcement officers, current students enrolled in criminal justice programs, and undergraduate students unaffiliated with a law enforcement career. These motivations are then examined by demographic categories to explore the correlation between …

Talk Less, Smile More, Julie A. Oseid

Journal of Legal Education

No abstract provided.

Harm, Sex, And Consequences, India Thusi

Utah Law Review

At a moment in history when this country incarcerates far too many people, criminal legal theory should set forth a framework for reexamining the current logic of the criminal legal system. This Article is the first to argue that “distributive consequentialism,” which centers the experiences of directly impacted communities, can address the harms of mass incarceration and mass criminalization. Distributive consequentialism is a framework for assessing whether criminalization is justified. It focuses on the outcomes of criminalization rather than relying on indeterminate moral judgments about blameworthiness, or “desert,” which are often infected by the judgers’ own implicit biases. Distributive consequentialism …

Stemming The Expansion Of The Void-For-Vagueness Doctrine Under Johnson, Clancey Henderson

Utah Law Review

This Note addresses the constitutionality of the risk-of-force clause. Since many of the cases challenging the risk-of-force clause proceed on the argument that it is indistinguishable from the ACCA’s residual clause, the history of the residual clause is particularly relevant. Addressing the constitutionality of the risk-of-force clause will necessarily entail a discussion of whether it is distinguishable from the residual clause. Accordingly, brief histories of the ACCA and the residual clause will be given. This overview will provide a backdrop to the discussion of the Supreme Court’s struggle to define and apply the residual clause in numerous cases preceding the …

Pulling Back The Curtain: Implicit Bias In The Law School Dean Search Process, Michele Benedetto Neitz

Seton Hall Law Review

No abstract provided.

The Case For Varying Standards Of Proof, Gustavo Ribeiro

San Diego Law Review

This Article defends a system with a greater variation in the number of standards of proof than we currently have as both normatively and descriptively valuable. Standards of proof are mechanisms for allocating the risk of factual error between parties. For example, the heightened “beyond a reasonable doubt” standard in criminal cases reflects an aspiration for a legal system erring more in favor of mistaken acquittals than mistaken convictions. Surprisingly, we then assign the same standard to very different cases under the justification that we accept, or should accept, the same error-distribution for those cases. This Article argues that, however …

Building Police-Community Trust In Illinois: Will We Ever Get There? An Examination Of The Illinois Police And Community Relations Act, Tosha Childs

Southern Illinois University Law Journal

The following comment analyzes the 2016 Police and Community Relations Improvement Act. The Act implements the Six Pillars of Change promulgated by President Barack Obama’s Task Force on 21st Century Policing. The pillars represent the best practices to promote effective crime reduction and to build public trust with respect to law enforcement. The pillars are (1) building trust and legitimacy, (2) policy and oversight, (3) technology and social media, (4) community policing and crime reduction, (5) training and education, and (6) officer wellness and safety.

This comment discusses how the Act specifically incorporates the Six Pillars of Change, and it …

Court-To-School Pipelines: Meeting Special Education Needs For Students On Juvenile Probation In New York, Lisa F. Grumet

NYLS Law Review

No abstract provided.

The Mirror And The Lamp: The Law And Popular Culture Seminar, Michael Asimow

Journal of Legal Education

No abstract provided.

Congress Should Amend 18 U.S.C. Sec. 3143, Mark I. Cohen

Hofstra Law Review

No abstract provided.

The Exclusionary Rule In The Age Of Blue Data, Andrew G. Ferguson

Vanderbilt Law Review

In Herring v. United States, Chief Justice John Roberts reframed the Supreme Court's understanding of the exclusionary rule: "As laid out in our cases, the exclusionary rule serves to deter deliberate, reckless, or grossly negligent conduct, or in some circumstances recurring or systemic negligence." The open question remains: How can defendants demonstrate sufficient recurring or systemic negligence to warrant exclusion? The Supreme Court has never answered the question, although the absence of systemic or recurring problems has figured prominently in two recent exclusionary rule decisions. Without the ability to document recurring failures or patterns of police misconduct, courts can dismiss …

Mandatory Minimum Penalties: An Analysis Of Four State’S Penal Codes And Federal Court Policies, Cassie Geiken

Honors Program: Senior Projects (Public)

In Nebraska, variations of bills attempting to amend mandatory minimum laws in the state have been introduced. The harshness of the mandatory sentences, as well as the looming state of emergency caused by prison overcrowding, have sustained the debate over sentencing laws. This essay identifies the core issues of mandatory minimum sentencing laws and analyzes the states of Nebraska, Texas, Alabama, California, and the federal system’s use of mandatory minimums for felony charges to identify potential solutions. Statute review found that Nebraska’s current sentencing codes are misaligned with the rest of the nation; not even Alabama with one of the …

Racial Equity In Algorithmic Criminal Justice, Aziz Z. Huq

Duke Law Journal

Algorithmic tools for predicting violence and criminality are increasingly deployed in policing, bail, and sentencing. Scholarly attention to date has focused on these tools’ procedural due process implications. This Article considers their interaction with the enduring racial dimensions of the criminal justice system. I consider two alternative lenses for evaluating the racial effects of algorithmic criminal justice: constitutional doctrine and emerging technical standards of “algorithmic fairness.” I argue first that constitutional doctrine is poorly suited to the task. It often fails to capture the full spectrum of racial issues that can arise in the use of algorithmic tools in criminal …

Strict Liability For Genetic Privacy Violations In The Age Of Big Data, Benjamin Sundholm

University of Memphis Law Review

No abstract provided.

Strict Liability For Genetic Privacy Violations In The Age Of Big Data, Benjamin Sundholm

University of Memphis Law Review

No abstract provided.

Strict Liability For Genetic Privacy Violations In The Age Of Big Data, Benjamin Sundholm

University of Memphis Law Review

No abstract provided.

Projecting Stability: A Deployable Nato Police Command, Massimo Pani, Karen J. Finkenbinder

The US Army War College Quarterly: Parameters

No abstract provided.

Drawing The Lines: Regulation Of Automatic License Plate Readers In Virginia, Julia M. Brooks

Richmond Journal of Law & Technology

Since the 1990s, police departments and private companies across America have located vehicles and tracked individuals using automatic license plate readers. Part I provides an introduction to these readers and their use by law enforcement agencies. The problems with the use of these readers and the substantial relationship between public and private actors in their use are discussed in Part II. Part III discusses the options on how to regulate both these readers and the data collected through their use. Part III also examines the potential impact of Neal v. Fairfax County Police Department, a recent Supreme Court of Virginia …

Cyberstalking: Holding Perpetrators Accountable And Providing Relief For Victims, Kara Powell

Richmond Journal of Law & Technology

After deciding to end the relationship, Tina carefully broke all ties with her ex-boyfriend.1 Then, the first blog post went live. The post was in Tina’s name, discussing her background as a business school graduate who worked in commodities at a bank and then transferred to real estate. The post took a dark turn as it went on to describe Tina as an escort and provided her phone number and address. As more blog posts went live, more people began harassing Tina by looking for an escort. Despite such harassment, Tina was looking for a new job. She received a …

Racism Knocking At The Door: The Use Of Criminal Background Checks In Rental Housing, Valerie Schneider

University of Richmond Law Review

One of the harshest collateral consequences of an arrest or conviction is the impact a criminal record can have on one’s ability to secure housing. Because racial bias permeates every aspect of the criminal justice system as well as the housing market, this collateral consequence—the inability to find a place to live after an arrest or conviction—disproportionately affects minorities.

In 2016, after decades of appearing to encourage local public housing providers to adopt harsh policies barring applicants with criminal records, the Office of General Counsel for the United States Department of Housing and Urban Development (“HUD”) issued guidance instructing public …

New York Law School Magazine, Vol. 37, No. 2, Office Of Marketing And Communications

New York Law School Magazine

Features:

Bookshelf: Professor Tamara Belinfanti’s Citizen Capitalism

Seeking Justice: How NYLS Trains 21st-Century Prosecutors

Meet NYLS’s Newest Alumni Leaders: Marcey L. Grigsby ’06 and Pam Foster ’00

Back To The Future: Permitting Habeas Petitions Based On Intervening Retroactive Case Law To Alter Convictions And Sentences, Lauren Casale

Fordham Law Review

In 1948, Congress enacted 28 U.S.C. § 2255, which authorizes a motion for federal prisoners to “vacate, set aside or correct” their sentences, with the goal of improving judicial efficiency in collateral review. Section 2255(e), known as the “savings clause,” allows federal inmates to challenge the validity of their imprisonments with writs of habeas corpus if § 2255 motions are “inadequate or ineffective to test the legality of [their] detention[s].” Due to the U.S. Supreme Court’s and Congress’s silence regarding what suffices as “inadequate or ineffective,” the circuit courts have adopted varied standards. The Sixth and Seventh Circuits hold that …

Volume 103, Number 1 (Spring 2019)

Judicature

No abstract provided.