Digital Commons Network^™

Forgive Me, Your Honor, For I Have Sinned: Limiting The Ecclesiastical Abstention Doctrine To Allow Suits For Defamation And Negligent Employment Practices, Alexander J. Lindvall

South Carolina Law Review

No abstract provided.

Annual Security And Fire Safety Report, Lindenwood University

Security Reports

2020 Annual Security and Fire Safety Report

Legitimacy Matters: The Case For Public Financing In Prosecutor Elections, Rory Fleming

Washington and Lee Journal of Civil Rights and Social Justice

Money matters. Given the empirical data presented in this Article, it is fair to draw the assumption that a progressive prosecutor candidate’s viability depends much more on whether one or two billionaires support the candidate, especially George Soros. The Soros effect is undeniable for progressive DA candidates running in Democratic primaries, where it seems to be almost determinative for either victory or defeat. For criminal justice reformers interested in “progressive prosecution” as a way to end mass incarceration, it is crucial that this is acknowledged rather than suppressed. The better option is moving toward a model of public financing for …

Habeas Corpus, Conditions Of Confinement, And Covid-19, Allison Wexler Weiss

Washington and Lee Journal of Civil Rights and Social Justice

Incarcerated individuals, worried about contracting the disease in prison without adequate healthcare and often serious health risks, have filed lawsuits challenging their incarceration in the age of COVID-19. Overall, very few have been successful. This virus has changed our world and the reality for those in prison. The traditional legal avenues available to incarcerated individuals to challenge their continued confinement are often ill-equipped to allow for comprehensive and expedited review. The author argues that during these unprecedented times, courts should recognize that the “duty to defend the Constitution” requires them to grant motions for habeas corpus by the most vulnerable …

Arizona's Sex Offender Laws: Recommendations For Reform, Tamara Rice Lave

Articles

No abstract provided.

Moving The Needle: Two Promising Tools To Attack Arkansas’S Racial Disparity In Criminal Sentencing, Anastasia M. Boles

University of Arkansas at Little Rock Law Review

No abstract provided.

A Call To Action: What Maryland Schools Are Doing To Protect Children And Why Other States Should Follow Suit, Kelsey Lear

University of Baltimore Law Review

No abstract provided.

The Weekly Challenger, October 1, 2020, The Weekly Challenger, Et Al

Weekly Challenger Newspaper Collection

The October 1, 2020, issue of The Weekly Challenger.

"Water Is Life!" (And Speech!): Death, Dissent, And Democracy In The Borderlands, Jason A. Cade

Indiana Law Journal

Decades of stringent immigration enforcement along the Southwest border have pushed migrants into perilous desert corridors. Thousands have died in border regions, out of the general public view, yet migrants continue to attempt the dangerous crossings. In response to what they see as a growing humanitarian crisis, activists from organizations such as No More Deaths seek to expand migrant access to water, to honor the human remains of those who did not survive the journey, and to influence public opinion about border enforcement policies. Government officials, however, have employed a range of tactics to repress this border-policy "dissent," including blacklists, …

Water Current, Volume 52, No. 3, Fall 2020

Water Current Newsletter

NWC Convenes August 3 Mini-Conference

Water and Public Safety

University Receives $5 million Gift to Create Program on Water, Climate and Health

Suny Cortland Handbook 2020, State University Of New York College At Cortland

SUNY Cortland Handbook

No abstract provided.

Black Lives Matter: Banning Police Lynchings, Mitchell F. Crusto

UC Law Constitutional Quarterly

In the United States, police officers are granted a license to use lethal force and are subsequently exonerated from personal criminal liability for fatal killings, particularly when the victim is an African American. This Article advances the normative claim that the Court’s death penalty jurisprudence, including the “Cruel and Unusual Punishment” Clause of the Eighth Amendment, protects the victims of police homicides. Further, it contends that the police use of lethal force against African Americans constitutes “lynching”—a State-sponsored act of terror that supports systemic racism. Finally, it posits that the Constitution mandates that the police use of lethal force be …

Medical Marijuana: Implication Of Evolving Trends In Regulation, Florence Shu-Acquaye

University of Dayton Law Review

No abstract provided.

Primary Prevention And The Socioecological Model: An Integrated, Preventative Approach To Combat Sexual Violence, Emma G. Padrick

Student Publications

A growing body of research suggests that sex offense registries, though popular with politicians and the public, are ineffective at reducing victimization. Registries only address the individual who perpetrates after victimization occurs in an effort to prevent recidivism. They do not address the other, broader reasons that victimization transpires; they do not prevent sexual violence, and they do not improve communities’ safety. Using the socioecological framework to design primary prevention practices accounts for the interplay between the individual, relationship, community, and societal factors that lead to perpetration and should be used in place of reactive measures that fail to effectively …

The Role And Impact Of The Environment In Saving Private Ryan, Bailey M. Ytterdahl, Paul C. Krakoviak

Student Publications

Although certain films may not be explicitly labeled as environmental film, we approach Saving Private Ryan through an ecocritical analysis. We evaluate how the film not only displays the physical and mental tolls of war in several bloody battles, but we also explore the environmental costs. By examining the genre of historical realism, we demonstrate how the film outlines the unique role of the environment in war but also enables the viewers to consider the impacts of war on the surrounding environment. To understand the environmental message in Saving Private Ryan, we used a concept called the “Three Ecologies” by …

Illinois Cannabis: Lost In The Weeds Without Access To Insurance And Banking Services, Dylan Boyd

Southern Illinois University Law Journal

As more states have legalized medical and recreational marijuana, a multi-billion dollar industry has emerged that faces particular challenges stemming from its quasi-legal status. After previously introducing a medical marijuana pilot program in 2014, Illinois legalized marijuana for recreational use for adults over the age of twenty-one. As with any business within a growing industry, legal marijuana-related businesses need financing and protection for their operations through banking services and insurance products. However, obtaining these financial services has proven to be difficult in light of the conflict between federal and state laws on the legality of marijuana. This note will address …

A Bet Against Abetting: Why Medical Marijuana Reimbursement Under Workers' Compensation Is Not A Federal Crime, Jacob Lafreniere

Penn State Law Review (2003 - Present)

No abstract provided.

Reversing The Decriminalization Of Sexual Violence, Lisa Avalos

Journal Articles

Sexual violence has largely been decriminalized in the United States through disbelief of victims, apathy on the part of law enforcement officers, and inaction on the part of institutions. Indeed, these mechanisms are so effective at burying the problem that most people are not aware of the extent of unprosecuted sexual violence, the woefully deficient law enforcement response, and the need for sweeping reform. The Article proceeds in two parts. Part I maps the extent of this problem and argues that the weakest link in the societal response to sexual assault lies at the juncture between victim and law enforcement. …

The Digital Samaritans, Eldar Haber

Washington and Lee Law Review

Bystanderism is becoming largely digital. If being subjected to perilous situations was once reserved almost solely for the physical world, individuals now might witness those in peril digitally from afar via online livestreams. New technological developments in the field of artificial intelligence (AI) might also expand bystanderism to new fields, whereby machines—not just humans—are gradually positioned to better compute their surroundings, thus potentially being capable of reaching a high statistical probability that a perilous situation is currently taking place in their vicinity. This current and future expansion of bystanderism into the digital world forms a rather new type of digital …

Federal Magistrate Court Of Appeals: Whether Magistrate Judge Disposition Of Section 2255 Motions Under Consent Jurisdiction Is Statutorily And Constitutionally Permissible, Corey J. Hauser

Washington and Lee Law Review

For decades the Supreme Court has balanced the tension between judicial efficiency and adherence to our constitutional system of separation of powers. As more cases were filed in federal courts, Congress increased the responsibilities and power given to magistrate judges. The result is magistrate judges wielding as much power as district judges. With post-conviction relief under § 2255, magistrate judges take on a whole new role— appellate judge—reviewing and potentially overturning sentences imposed by district judges.

This practice raises two concerns. First, did Congress intend to statutorily give magistrate judges this power? The prevailing interpretation is that § 2255 motions …

Robert E. Hughes Declaration

Catholic Dioceses in Bankruptcy

Declaration of Reverend Robert E. Hughes regarding structure and pre-filing history of the diocese of Camden, New Jersey, and in support of the Chapter 11 Petition and first day pleadings, filed October 1, 2020.

Measuring The Resilience Of Criminogenic Ecosystems To Global Disruption: A Case-Study Of Covid-19 In China, Hervé Borrion, Justin Kurland, Nick Tilley, Peng Chen

Faculty Publications

Copyright: © 2020 Borrion et al. This is an open access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. This paper uses resilience as a lens through which to analyse disasters and other major threats to patterns of criminal behaviour. A set of indicators and mathematical models are introduced that aim to quantitatively describe changes in crime levels in comparison to what could otherwise be expected, and what might be expected by way of adaptation and subsequent resumption of …

An Evaluation Study Of A Youth Entrepreneurship Program’S Influence On Self-Efficacy And Life Skills, Lauren S. Hopkins

Doctor of Education (Ed.D)

Youth entrepreneurship programs provide opportunities to learn and to practice strategies that are necessary to start and grow a business. In the summer of 2018, a nonprofit organization in central South Carolina facilitated a modified two-week entrepreneurship education program for 18 students who recently completed third through twelfth grades. Program managers wanted to conduct a program evaluation to determine the effectiveness of the modified program and its influence on the self-efficacy and life skills of the youth participants. Quantitative data were collected from measures of young people’s self-efficacy and life skills before and after the program, from entrepreneurial knowledge after …

Fogelman Focus Fall 2020

Fogelman Focus

No abstract provided.

Campbell Law Brief, Summer/Fall 2020

Alumni Newsletters

No abstract provided.

No Path To Redemption: Evaluating Texas’S Practice Of Sentencing Kids To De Facto Life Without Parole In Adult Prison, Lindsey Linder, Justin Martinez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Picking The Lock: A Proposal For A Standard Fee Waiver In Texas For Identification Documents, Gregory Zlotnick

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

The Never-Ending Grasp Of The Prison Walls: Banning The Box On Housing Applications, Ashley De La Garza

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Trauma-Centered Social Justice, Noa Ben-Asher

Elisabeth Haub School of Law Faculty Publications

This Article identifies a new and growing phenomenon in the American legal system. Many leading agendas for gender, racial, and climate justice are centered on emotional trauma as the primary injury of contemporary social injustices. By focusing on three social justice movements--#BlackLivesMatter, #MeToo, and Climate Justice--the Article offers the first comprehensive diagnosis and assessment of how emotional trauma has become an engine for legal and policy social justice reforms. From a nineteenth century psychoanalytic theory about repressed childhood sexual memories that manifest in female hysteria, through extensive medicalization and classification in the twentieth century, emotional trauma has evolved and expanded …

Unplanned Obsolescence: Interpreting The Automatic Telephone Dialing System After The Smartphone Epoch, Walter Allison

Michigan Law Review

Technology regulations succeed or fail based upon their ability to regulate an idea. Constant innovation forces legislators to draft statutes aimed at prohibiting the idea of a device, rather than a specific device itself, because new devices with new capacities emerge every day. The Telephone Consumer Protection Act (TCPA) is a federal statute that imposes liability based on the idea of an automatic telephone dialing system (ATDS). But the statute’s definition of the device is ambiguous. The FCC struggles to coherently apply the definition to new technologies, and courts interpret the definition inconsistently. Federal circuit courts have split over these …