Digital Commons Network^™

The New Housing Segregation: The Jim Crow Effects Of Crime-Free Housing Ordinances, Deborah N. Archer

Faculty Articles

America is profoundly segregated along racial lines. We attend separate schools, live in separate neighborhoods, attend different churches, and shop at different stores. This rigid racial segregation results in social, economic, and resource inequality, with White communities of opportunity on the one hand and many communities of color without access to quality schools, jobs, transportation, or health care on the other. Many people view this as an unfortunate fact of life, or as a relic of legal systems long since overturned and beyond the reach of current legal process. But this is not true. On the contrary, the law continues …

Punished For Poverty, Andrew Rock

Criminal Law Practitioner

No abstract provided.

Junk Tales: Incorporating Drug Addicts' Narratives In Law School Courses, Sara Schotland

Criminal Law Practitioner

No abstract provided.

Criminalizing The Victim: Ending Prosecution Of Human Trafficking Victims, Jessica Aycock

Criminal Law Practitioner

No abstract provided.

The Bb Gun: A Harmless Toy Or Deadly Weapon? Practical Guidance For Objective Fact Finding In A Criminal Case, Steven N. Gosney, John Zak

Criminal Law Practitioner

No abstract provided.

2018-2019 Faculty Senate Annual Report, University Of South Carolina

Faculty Senate

The primary file includes the 2018-2019 Committee on Academic Responsibility Annual Report. Additional annual reports are attached.

Liability For User-Generated Content Online // Principles For Lawmakers, Academics And Civil Society Organizations

Historical and Topical Legal Documents

No abstract provided.

Age, Time, And Discrimination, Alexander A. Boni-Saenz

Georgia Law Review

No abstract provided.

The End Of Miller’S Time: How Sensitivity Can Categorize Third-Party Data After Carpenter, Michael Gentithes

Georgia Law Review

For over 40 years, the Supreme Court has permitted
government investigators to warrantlessly collect
information that citizens disclose to third-party service
providers. That third-party doctrine is under significant
strain in the modern, networked world. Yet scholarly
responses typically fall into unhelpfully extreme camps,
either championing an absolute version of the doctrine
or calling for its abolition. In Carpenter v. United
States, the Court suggested a middle road, holding that
some categories of data—such as digital location
information collected from cell phones—do not neatly
fall into the third-party doctrine’s dichotomy between
unprotected, disclosed information and protected,
undisclosed information. But the majority …

Csbs Statements, V21, 2019, University Of Northern Iowa. College Of Social And Behavioral Sciences.

CSBS Statements

Contents:

-- College Features
-- College Updates
-- Student Highlights
-- Alumni Spotlight
-- Thank you

The Effects (Or Lack Thereof) Of Immigration On U.S. Crime Rates, Kelly Duncan, Gabe Darger

Sigma: Journal of Political and International Studies

No abstract provided.

A Rational Approach To Sentencing Offenders For Animal Cruelty: A Normative And Scientific Analysis Underpinning Proportionate Penalties For Animal Cruelty Offenders, Mirko Bagaric, Jane Kotzmann, Gabrielle Wolf

South Carolina Law Review

No abstract provided.

Exploring Legal And Policy Responses To Opioids: America's Worst Public Health Emergency, James G. Hodge Jr., Chelsea Gulinson, Leila F. S. Barraza, Walter G. Johnson, Drew Hensley, Haley R. Augur

South Carolina Law Review

No abstract provided.

Animal Welfare Act: Enforcement, Delcianna Winders, Varu Chilakamarri

Animal Law Review

Delcianna Winders discusses the Animal Welfare Act and how the United States Department of Agriculture enforces it. She also provides a critique of the USDA’s enforcement of the AWA, with particular attention to its heavy reliance on warnings and discounted penalties, which in many cases fail to deter regulated entities from violating the AWA. Varu Chilakamarri discusses how animal welfare issues are incorporated into the work of the Department of Justice (DOJ). She provides an overview of the AWA, noting the specific sections that provide for federal court review. Chilakamarri also discusses some of the programmatic steps the DOJ has …

Animal Law: The Next Generation, Joyce Tischler, Pamela Frasch

Animal Law Review

The animal law movement and animal law education in law schools has been growing over the years. In this Article, prominent figures in the animal law world discuss this growth as well as changes that are expected within the next generation of animal law practice. The authors suggest important goals necessary to strengthen the movement in order to allow law students to access the resources needed to be powerful animal advocates for years to come.

An Analysis Of Academic Dishonesty In Online Classes, Jennifer Peterson

Mid-Western Educational Researcher

Currently, online formal education is growing at a phenomenal rate; however, many fear that online courses do not provide the same rigor as on-campus courses. This is due in large part to the perception that students are more likely to cheat in online courses. A number of studies have been completed in this area and, in fact, many have shown that students are more likely to cheat in on-campus courses than in online courses; however, the perception remains. This perception affects opinions about online classes and even the reputation of the institutions offering the classes. The question then arises as …

Visibility And Accountability: Shining A Light On Proceedings In Misdemeanor Two-Tier Court Systems, Binny Miller

Saint Louis University Law Journal

No abstract provided.

Views On Prostitution, Shulamit Almog, Ariel L. Bendor

UC Law SF Journal on Gender and Justice

The Essay argues that both law and art represent deeply-rooted cultural ambivalences and ethical incoherence towards prostitution. The choice of Picasso's Les Demoiselles d’Avignon as representative of this tension stems from the sui-generis status of the painting in the history of modern art—as an avant-garde which later became a canon. Of the various views evoked by the painting, four are especially prominent: a moralizing, a normalizing, a victimizing and a patheticizing view. The examination of various Western prostitution laws shows that each of the laws simultaneously expresses different perceptions and ideologies about prostitution, much like the views evoked by the …

Corrective Rape: An Extreme Manifestation Of Discrimination And The State’S Complicity In Sexual Violence, Sarah Doan-Minh

UC Law SF Journal on Gender and Justice

Corrective rape originally referred to rape perpetrated by straight men against lesbians in order to “correct” or “cure” their homosexuality—a punishment for being gay and for violating traditional gender presentation. The term is now used more broadly to refer to the rape of any member of a group that does not conform to gender norms or heterosexuality when the motive of the perpetrator is to “correct” the individual. In the United States, the actual causes of corrective rape are usually ignored or de-emphasized, thereby perpetuating the rates of sexual violence. Sexual violence is often framed in terms of personal dynamics …

The Disappointing History Of Science In The Courtroom: Frye, Daubert, And The Ongoing Crisis Of “Junk Science” In Criminal Trials, Jim Hilbert

Faculty Scholarship

Twenty-five years ago, the Supreme Court decided one of the most important cases concerning the use of science in courtrooms. In Daubert v. Merrell Dow Pharmaceuticals , the Court addressed widespread concerns that courts were admitting unreliable scientific evidence. In addition, lower courts lacked clarity on the status of the previous landmark case for courtroom science, Frye v. United States. In the years leading up to the Daubert decision, policy-makers and legal observers sounded the alarm about the rise in the use of "junk science" by so-called expert witnesses. Some critics went so far as to suggest that American businesses …

Envisioning Indigenous Community Courts To Realize Justice In Canada For First Nations, Angelique Eaglewoman

Faculty Scholarship

Through European colonization in North America, the time-honored rule of law, or good way of life, in Indigenous communities was displaced with external forums and processes, primarily from the British juridical traditions. In contemporary Canada, the use of external laws as a tool of colonization and the injustice experienced by Aboriginal peoples in Canadian courts has been the focus of media attention, policy papers, and legal reports for decades. The Canadian justice system is viewed by many as external and a means of subjugation for First Nation, Métis and Inuit peoples. As the Canadian government has attempted to come to …

Why (Jury-Less) Juvenile Courts Are Unconstitutional, Suja A. Thomas, Collin Stich

Emory Law Journal

Juveniles should hold the right to a jury trial under the U.S. Constitution, but they do not. In most states, when a trial occurs, a single judge determines whether a youth loses their liberty, and that imprisonment can last for years. The United States Supreme Court has decided that the Sixth Amendment right to a jury is irrelevant; prosecution in juvenile court is not a criminal prosecution within the meaning of the Sixth Amendment because the purpose of the juvenile courts is a good one—to rehabilitate youth. The Court has also held that the right to a jury trial is …

Social Justice, Numeracy, And Teaching Statistics At A Community College, Edward Volchok

Numeracy

The author of this article reflects on the issues of justice, democracy, and numeracy. As one who has taught statistics in a community college for over 12 years, spent 28 years as a Marketing Consultant, and holds a PhD in political science, the author’s thesis is that while an advanced, democratic society can only be just with a numerate citizenry, fostering numeracy is not easy. In this article the author describes the daunting tasks of trying to define what justice is and reviews activities from his statistics class that help students develop their numeracy.

Human Trafficking And Prostitution Courts: Problem Solving Or Problematic?, Becca Kendis

Case Western Reserve Law Review

No abstract provided.

“The Strings In The Books Ain’T Pulled And Persuaded”: How The Use Of Improper Statistics And Unverified Data Corrupts The Judicial Process In Sex Offender Cases, Heather Ellis Cucolo, Michael L. Perlin Esq.

Case Western Reserve Law Review

No abstract provided.

A Partial Fix Of A Broken Guideline: A Proposed Amendment To Section 2g2.2 Of The United States Sentencing Guidelines, Brent E. Newton

Case Western Reserve Law Review

No abstract provided.

Tribute To Judy Lipton, Ayesha Bell Hardaway

Case Western Reserve Law Review

No abstract provided.

Exposing Slavery: Photography, Human Bondage, And The Birth Of Modern Visual Politics In America, Jack Trammell

Civil War Book Review

The invention of the camera transformed the visual culture of the world; in essence it opened up a brand-new window onto the soul. Contemporary scholars such as Rosemarie Garland-Thomson have explored this new visual rhetoric, suggesting that the positionality of subject and object, and the impact of the gaze, have created a startling new social environment where all of the traditional ideas associated with visual judgement are now in flux or in question. In Exposing Slavery, Matthew Fox-Amato confirms this from a historical perspective, showing readers with actual photographs and through a narration on visual politics the surprising power …

Black Interests In Slaveries, Karen E. Bravo

Valparaiso University Law Review

No abstract provided.

Guilty At First Sight: Legislation To Prevent The Misidentification Of Innocent Persons In Illinois, Kaitlyn A. Murphy

Valparaiso University Law Review

No abstract provided.