Digital Commons Network^™

Moral Restorative Justice: A Political Genealogy Of Activism And Neoliberalism In The United States, Amy J. Cohen

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Religious Exemptions And Lgbtq Child Welfare, Jordan Blair Woods

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Small Debts, Big Burdens, Chrystin Ondersma

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Graffiti, Speech, And Crime, Jenny E. Carroll

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

When Added Hurdles Cause Actual Prejudice: Exempting Knowing-Use-Of-Perjured-Testimony Claims From Brecht Analysis On Collateral Review, Melanie A. Johnson

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

The Effects Of Voluntary And Presumptive Sentencing Guidelines, Stephen Rushin, Griffin Sims Edwards, Josph Colquitt

Faculty Publications & Other Works

This Article empirically illustrates that the introduction of voluntary and presumptive sentencing guidelines at the state-level can contribute to statistically significant reductions in sentence length, inter-judge disparities, and racial disparities.

For much of American history, judges had largely unguided discretion to select criminal sentences within statutorily authorized ranges. But in the mid-to-late twentieth century, states and the federal government began experimenting with sentencing guidelines designed to reign in judicial discretion to ensure that similarly situated offenders received comparable sentences. Some states have made their guidelines voluntary, while others have made their guidelines presumptive or mandatory, meaning that judges must generally …

Children In Limbo: The Need For Maximum Limits For Juvenile Pretrial Detention, Rebecca Rosefelt

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Ameliorating The Federal Trial Penalty Through A Systematic Judicial “Second Look” Procedure, Janeanne Murray

Articles

The trial penalty -- the threat of a substantially more severe conviction or longer sentence after trial than the one available upon a guilty plea -- is a key driver of mass incarceration. It undergirds not just the number of people behind bars, but the long sentences so many of them serve. One path to ameliorating the impact of the trial penalty is through a systematic judicial “second look” procedure, whereby judges revisit the propriety of a long sentence after the defendant has served a substantial portion of it. Taking the proposed “second look” provision of the revised Model Penal …

Rethinking Police Rulemaking, Maria Ponomarenko

Articles

No abstract provided.

Practical Equality And The Limits Of Second Best Strategies For Justice, Franita Tolson

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

The Hidden Costs Of Dissent, Robert L. Tsai

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Why Police Should Protect Complainant Autonomy, Randall K. Johnson

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.

The Redeemed, The Condemned, And The Forgotten: Narratives Of Dissenting Aristocratic Identity In Medieval Bavaria, Luke Bohmer

Electronic Theses and Dissertations

Identity in the Middle Ages encompassed numerous methods of transmission. Those of which that survive today include artwork, architecture, and written sources. In the case of written sources, the nobility and the clergy dominated the narrative to a substantial degree. Chroniclers of the Holy Roman Empire in specific saw both regional and pan-imperial narratives influence this identity through the exploration of historical figures. The medieval duchy of Bavaria fell into this milieu but experienced a substantially different relationship with its nobility from the twelfth century onward. The more condensed and consolidated format of medieval Bavaria under the Wittelsbach dynasty – …

Considering A Juvenile Exception To The Felony Murder Rule, Katherine Dobscha

Case Western Reserve Law Review

No abstract provided.

Commencement Program (June 2019), Csusb

CSUSB Commencement Programs

No abstract provided.

The Experience Of Sexual Abuse Of Afro Caribbean Women: The Interpretive Phenomenological Analysis Of The Particularities Attached To Disclosure, Angela Hood

Department of Family Therapy Dissertations and Applied Clinical Projects

Sexual abuse is often associated with long-term distressing effects. The experience of sexual abuse differs between survivors and the disclosure of the abuse is a complicated process that may have many particularities attached. For this study, I conducted an interpretative phenomenological analysis to understand how Afro-Caribbean women who experienced sexual abuse understand and make meaning of their experiences and the particularities attached to disclosure. Although prior research regarding sexual abuse has been conducted, research amongst Afro-Caribbean women has been minimal. Further absent from the sexual abuse literature is the lived experience of this population and the meaning they ascribe to …

Broken Path To Freedom: Deciphering Lives Of Foreign Nationals In Indian Prisons, Madhurima Dhanuka, Palak Chaudhari

National Law School of India Review

This paper seeks to document existing problems with the problems Foreign National Prisoners (FNPs) face in prison. Even though there is dispute about how many FNPs are actually serving their sentence, the common thread is that all of them face the brunt of the criminal justice system. They are cut off from their families and home countries, have delays in repatriation, and suffer extreme hardships due to the indifference of embassy officials. Many of such officials are unaware of existing transfer agreements between the imprisoning and home countries. To ease the existing legislative framework, the paper suggests solutions to distinct …

Regulating The Cybersecurity Of Insurance Companies In The United States, M. Bob Kao

Transactions: The Tennessee Journal of Business Law

While cybersecurity has been an important issue for all business sectors due to the rapid development of and reliance on technology and the increasing sophistication of unlawful actors, it is particularly significant for insurance companies because of the nature of the industry. The internet makes it possible to collect and store massive amounts of data, and this in turn requires the utmost confidence of consumers in the companies collecting this data. The growing concern for cyber risks has compelled insurance regulators to devise and implement frameworks and rules for insurance companies to follow. In the United States, insurance regulation is …

Mdl Immunity: Lessons From The National Prescription Opiate Litigation, Roger Michalski

Faculty Articles

Federal multi-district litigation (“MDL”) suffers from a massive blind spot that has largely escaped notice: it only selects cases based on “convenience,” “efficiency,” and the preservation of judicial resources. The statute does not take into account broader societal and governmental interests that can trump litigation efficiency arguments. One way to fix this blind spot is through the new concept of MDL immunity (a procedural rather than liability immunity). This doctrinal innovation would exempt cases by and against government entities from generalized MDL treatment. I make the doctrinal argument for MDL immunity informed by original data collected from hundreds of cases …

Should Robots Prosecute And Defend?, Stephen E. Henderson

Faculty Articles

Even when we achieve the ‘holy grail’ of artificial intelligence—machine intelligence that is at least as smart as a human being in every area of thought—there may be classes of decisions for which it is intrinsically important to retain a human in the loop. On the common account of American criminal adjudication, the role of prosecutor seems to include such decisions given the largely unreviewable declination authority, whereas the role of defense counsel would seem fully susceptible of automation. And even for the prosecutor, the benefits of automation might outweigh the intrinsic decision-making loss, given that the ultimate decision—by judge …

Honorslink, Issue 2019.1, University Of Dayton

HonorsLINK Newsletter

The Honors Program newsletter, HonorsLINK contains in-depth stories about students and alumni, recent achievements and announcements from alumni, news about current students and a six-month calendar of events.

Forensic Studies, 2019-2020, University Of South Florida St. Petersburg

Academic Learning Compacts

The Academic Learning Compact for the Bachelor's of Science in Forensic Studies.

Front Matter

Canadian Journal of Family Law

No abstract provided.

In Memoriam: The Canadian Research Institute For Law And The Family, 1987–2018, John-Paul E. Boyd

Canadian Journal of Family Law

No abstract provided.

All Families Are Equal, But Do Some Matter More Than Others? How Gender, Poverty, And Domestic Violence Put Quebec's Family Law Reform To The Test, Suzanne Zaccour

Canadian Journal of Family Law

Who needs family law? While it is tempting to answer “everyone”, the stakes are not the same for all. I propose to evaluate family law rules in terms of how they address high-stakes situations—that is, the condition of vulnerable women. Thus, the test of good family law should be how well it deals with poverty and domestic violence, factors that directly constrain women’s ability to negotiate fair outcomes.

To explore this method, I take the example of a recent proposal, developed by Alain Roy’s reform committee (the “Comité consultatif sur le droit de la famille”), and regarding which the Quebec …

Hong Kong's Children Proceedings (Parental Responsibility) Bill: Comparative Family Law Reform And Multidisciplinary Collaboration, Katherine Lynch

Canadian Journal of Family Law

Many comprehensive reviews of family justice systems have been undertaken in common law jurisdictions over the past 20 years, all seeking to provide more meaningful affordable access to justice for families and children. Hong Kong is also under pressure to enact legislative reforms originally proposed in 2002-2005 which deal with children’s matters and more broadly, with family and matrimonial issues. Legislative reform was anticipated when the Government announced the long awaited Children’s Proceedings (Parental Responsibility) Bill (“Children’s Bill”) in 2015. After significant public consultation, however, the Government announced in 2018 that it would delay implementation of this draft legislation. Unfortunately, …

Front Matter

Canadian Journal of Family Law

No abstract provided.

It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin

Faculty Articles

Like it or not, Transnational Corporations (TNCs) are taking an increasingly active role in larger societal issues and debates. Whether it's a social advocacy campaign that seeks to reduce violence and bullying, a decision by a pharmacy company to stop selling tobacco products, or a sportswear company's decisions to take a stand in solidarity with an advocate's resistance to police brutality, TNCs are becoming increasingly vocal regarding their role in larger societal issues.

But there is a darker side to the increased intermingling between corporations and the larger societal impact; namely the potential for a corporation to be involved, or …

The Early Flew To The Later Flew, George Beals

West Chester University Master’s Theses

This project examines the thinking of British philosopher Antony Flew (1923-2010), who is considered a leading atheist during the last half of the twentieth century and a leading scholar on David Hume. But early in the twenty-first century (2004), he announced that his thinking had led him to deny atheism and affirm theism. After the Introduction, this project focuses on his writings and debates on the existence of God, doing so in four chapters: Laying the Groundwork; Atheist Antony Flew; Theist Antony Flew; and Assessment. In Laying the Groundwork I identify four guiding principles that …

Accountability Of Algorithms In The Gdpr And Beyond: A European Legal Framework On Automated Decision-Making, Céline Castets-Renard

Fordham Intellectual Property, Media and Entertainment Law Journal

Automated decision systems appear to carry higher risks today than they ever have before. Digital technologies collect massive amounts of data and evaluate people in every aspect of their lives, such as housing and employment. This collected information is ranked through the use of algorithms. The use of such algorithms may be problematic. Because the results obtained through algorithms are created by machines, they are often assumed to be immune from human biases. However, algorithms are the product of human thinking and, as such, can perpetuate existing stereotypes and social segregation. This problem is exacerbated by the fact that algorithms …