Digital Commons Network^™

Medical Cannabis In New York State, David Steven Younger

Dissertations and Theses

Background: In July 2014, New York State became the 23rd state to legalize marijuana (“cannabis”) for medical consumption under the New York State Medical Marijuana Program (“Program”). Three years later, during his Executive budget address, the NYS Governor, Honorable Cuomo, directed the Department of Health in consultation with other NYS agencies, to evaluate the experience, consequences and effects of legalized marijuana in neighboring states and territories, and to review the health, criminal justice and economic impacts of regulating marijuana use. That report concluded that the positive effects of a regulated marijuana market outweighed the potential negative impacts.

Objective: This dissertation …

Failing To Keep The Cat In The Bag: A Decennial Assessment Of Federal Rule Of Evidence 502'S Impact On Forfeiture Of Legal Privilege Under Customary Waiver Doctrine, Jared S. Sunshine

Cleveland State Law Review

Federal Rule of Evidence 502—providing certain exemptions from the surrender of attorney-client and work product privilege because a confidential item was disclosed—had great expectations to live up to after its enactment in 2008, as Congress and others heralded it as a panacea to litigation’s woes in the face of bourgeoning discovery. The enacted rule was the subject of much skepticism by the academic punditocracy, however. Ten years later, this Article surveys the actual results and finds that, regrettably, pessimism has proven the better prediction. Percolation of debate over the rule’s many ambiguities and courts’ disparate approaches have not resolved initial …

2020 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

The Cardozo School of Law's Class of 2020 celebrated a virtual commencement amidst the COVID-19 pandemic. An in-person celebration for the Class of 2020 was held the following year alongside the Class of 2021.

Contributor Biographies, Editors Of Suurj

SUURJ: Seattle University Undergraduate Research Journal

No abstract provided.

The Eu's Common Foreign Security Policy: The Case Of Russia’S Spread Of Disinformation And Election Fraud, Mary Paige Van Kuiken

European Union Policy Studies Graduate Symposium

Within the past ten years, Russian election interference has escalated, affecting multiple countries across Europe as well as in the United States. The European Union’s (EU) Common Foreign Security Policy (CFSP) was created with the intention to promote international peace and security, however in its current state it cannot address the spread of disinformation that is taking place today. Particularly in Eastern Europe, the amount of interference from Russian media that is taking place is a threat to security, both on a national and EU level. In this paper, we seek to determine to what extent Russian disinformation and election …

Impact Statements: Giving A Voice To Sexual Assault Survivors, Anamika Roy

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Modernity And The Law: A Late Twentieth Century View, Robert P. Burns

Notre Dame Journal of International & Comparative Law

This Article explores Roberto Unger’s understanding of the specific significance that modernity has for law. It provides an account of the distinctions among customary law, bureaucratic law, the modern liberal rule of law ideal, and the unraveling of the rule of law in postliberal societies. It compares his views with those of other major theorists of modernity and with legal theorists. Finally, it discusses his speculations about then future developments and the relationship between central institutional and philosophical issues.

Thick As Thieves: Bringing Armenia’S Robber Barons To Justice, Nerses Kopalyan

Political Science Faculty Research

There is a certain inhumanity to stealing from the poor, from the disenfranchised, from children, and quite simply, from one’s own society. But the magnitude of such cruelty is further elevated when the theft is undertaken and brazenly justified by those in positions of political power.

Disaggregating Ineffective Assistance Of Counsel Doctrine: Four Forms Of Constitutional Ineffectiveness, Eve Brensike Primus

Articles

For years, experts have blamed Strickland v. Washington’s lax standard for assessing trial attorney effectiveness for many of the criminal justice system’s problems. But the conventional understanding of Strickland as a problem for ineffectiveness claims gives the decision too much prominence because it treats Strickland as the test for all such claims. That is a mistake. Properly understood, the Supreme Court has recognized four different constitutional forms of trial attorney ineffectiveness, and Strickland’s two pronged test applies to only one of the four. If litigants and courts would notice this complexity and relegate Strickland to its proper place, it would …

An End Run Around Employment Obstacles: Small Business Development Programs For Returning Citizens, Dylan Rogers Elliott

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

When Considering Federal Privacy Legislation, Neil Chilson

Pepperdine Law Review

Legislators, advocates, and business interests are proposing federal privacy legislation with new urgency. The United States has a long-established federal framework for addressing commercial privacy concerns, including general consumer protection law and sector-specific legislation. But the calls to expand or replace this approach have grown louder since Europe’s General Data Protection Regulation went into effect and since California adopted detailed and prescriptive privacy legislation. Should we create a U.S. federal privacy law, and if so, how? When considering any kind of privacy regulation, three concepts are fundamental. First, no one can control all information about them. Second, all privacy laws …

The Cade Report, Vol.1, Issue 1, June 2020, Maya Banks

The Cade Report

No abstract provided.

Emergency Parole Release For Older Parole-Eligible Doc Inmates, David I. Bruck

Scholarly Articles

Professor Bruck writes to Secretary Moran and Chairwoman Bennett to urge them to protect elderly Virginia prison inmates from the risk of death from COVID-19 by granting immediate parole release to as many over-60 parole-eligible prisoners as possible, upon a showing that they are at low risk to re-offend, and have a supportive home to go to once released.

Consider The Source: The Media’S Coverage Of Female Fbi Agents In The 1970s, Kali Devarennes

The Forum: Journal of History

This paper explores the representation of female FBI agents in newspapers throughout the 1970s until the early 1990s. While this subject is not widely discussed, due to lack of exposure and research, this paper reveals how crucial these women were during this period as they redefined how society and male FBI agents viewed women in previously male-dominated fields. In 1970, the media responded to these women with a variety of assumptions and stereotypes defining women as sex objects, physically weak, and mentally unable to handle the dangerous work environment. Through examination of scholarly and primary sources, this paper uncovers the …

Mrt Supportive Housing Evaluation: Overall Summary Report, Sandra Mcginnis, Margaret Gullick, Lauren Polvere, Mir Nahid Mahmud, Chris E. Rees

Health and Healthcare Services Reports and Research Briefs

New York has allocated substantial funding from the state’s Medicaid Redesign dollars to provide supportive housing to homeless, unstably housed, and/or other individuals with complex needs, who are high-cost, high-need Medicaid users. It is anticipated that the Medicaid Redesign Team-Supportive Housing initiatives (MRT-SH) will reduce the more expensive forms of health care utilization (e.g., emergency department visits, inpatient hospitalizations, and nursing home stays), potentially reduce overall health care costs, and improve quality of life and health outcomes.

The MRT-SH initiative includes a diverse collection of programs that take a variety of approaches to providing housing and supportive services to different …

Mrt Supportive Housing Evaluation: Outcomes Report 2, Volume 1: Pre-Post Analyses, Sandra Mcginnis, Lauren Polvere, Margaret Gullick, Chris E. Rees, Mir Nahid Mahmud

Health and Healthcare Services Reports and Research Briefs

This report details current changes in health-related outcomes among clients of programs sponsored by the New York State Medicaid Redesign Team’s Supportive Housing initiative (MRT-SH), including a summary of these projects and the Medicaid cost characteristics of the people enrolled. MRT-SH initiatives to date include 53 capital projects, 25 of which have opened; 18 rental subsidy and supportive services programs and pilots; and one accessibility modification program.

For each included MRT-SH program, Medicaid utilization and other outcomes data are presented from one year before participants’ enrollment through September 2017. The goal of the analysis is to provide an updated description …

Original Intent: Whether Recent Reforms Signal A Legislative Break From Marijuana Criminalization Under The Controlled Substance Act, Oliver J. Kim

Chapman Law Review

No abstract provided.

Measuring Impacts Of Legal Services – A Literature Review On Research Design And Methodology, Lisa Moore

Canadian Forum on Civil Justice

The purpose of this literature review is twofold. First, by exploring Canadian and international literature focussing on the measurement of justice, it is designed to support and promote much needed innovative, empirical, access to justice research. Specifically, it explores the use of longitudinal research methodologies and randomized controlled trials (RCTs) to gather data on outcomes and impacts in legal research and, to some extent, in disciplines outside of law. It is hoped that the bibliography, attached as Appendix I, will be useful for future research on these and related topics. Second, this literature review is drafted with a view towards …

2020 Summer - Schedule Of Classes, Office Of The Registrar, East Tennessee State University

Registration Resources

No abstract provided.

Critical Consciousness In Children And Adolescents: A Systematic Review,Critical Assessment, And Recommendations For Future Research, Amy E. Heberle, Luke J. Rapa, Flora Farago

Faculty Publications

Critical consciousness refers to an individual’s awareness of oppressive systemic forces in society, a sense of efficacy to work against oppression, and engagement in individual or collective action against oppression. In the past few decades, interest in critical consciousness as a resource that may promote thriving in marginalized people has grown tremendously. This article critically examines the results of a systematic review of 67 studies of critical consciousness in children and adolescents, published between 1998 and 2019. Across these studies, major themes included the role of socialization experiences, relationships, and context in the development of critical consciousness. In addition, critical …

Vision, Summer 2020

Vision

A newsletter published for Deaf Catholics in USA

VisionFinding Aid

Rules Versus Standards: A Moral Inquiry Into Washington's Character & Fitness Hearing Process, Jennifer Aronson

Washington Law Review

Historically, moral character inquiries within the state bar admission process have led to the exclusion of diverse and important voices from the legal profession, both consequentially and at times by design. Washington does not keep statistics on the race, ethnicity, gender, or economic class of bar applicants who are referred to character and fitness hearings, nor on the outcomes of those hearings. Examining how implicit bias and disparate outcomes interact in other areas of discretionary adjudicative decision-making illustrates the potential impact that the character and fitness process has on underrepresented communities in the legal profession.

In a criminal justice reform …

The Probationer, The Free Man, And The Fourth Amendment: Constitutional Protections For Those Who Have Served Their Sentences And Those Who Have Not, Rachel Ness-Maddox

Mercer Law Review

In Park v. State, the Georgia Supreme Court evaluated whether persons convicted of sexual offenses and subsequently classified as "sexually dangerous predator[s]" may be required to wear Global Positioning System (GPS) tracking devices after serving their full sentences, including fulfilling probation or parole requirements. The court held that, under the Fourth Amendment of the United States Constitution, such a requirement is invalid because it infringes on the right free people have against unreasonable searches and seizures executed by the state—no matter the crimes for which they were convicted or their status as registered sex offenders. However, the court made …

Collateral Consequences: The Experiences Of Black Women With Incarcerated Loved Ones, Keiondra Jné Grace

Dissertations

A wealth of research exists that considers the causes of mass incarceration, particularly how it has shaped crime narratives and the life courses of Black men and Black women that experience imprisonment. Scholars have also explored the collateral consequences of incarceration for families and communities in general, but mentioning that Black families and communities in particular are disproportionately impacted by mass incarceration. Despite the documented impact of incarceration on families, and the acknowledgement of the toll mass incarceration has on Black communities—the social cost of mass incarceration in the lives of Black women whom have not experienced incarcerated is yet …

The Sexual Misconduct Of Donald J. Trump: Toward A Misogyny Report, Ruthann Robson

Michigan Journal of Gender & Law

The numerous allegations of sexual misconduct—unwanted, unwelcome, often aggressive sexual behavior—levied against Donald Trump merit attention and redress. Despite obstacles to civil remedies, there has been some litigation, but it has mostly been unsatisfactory. The many allegations reported in the media have not been amenable to judicial, legislative, executive, or political resolution. Women, including women who allege Trump committed sexual misconduct against them when they were minors, have generally not been afforded the remedies to which they are entitled.

Because litigation and media accounts have proven inadequate to the task of addressing Trump’s sexual misconduct, there should be a government …

The Silent Disease Of Law Enforcement Officers: The Stigma Of Mental Health In Law Enforcement Identity And Mental Health Outcomes, Timothy Lavelle Myles

Doctoral Dissertations and Projects

The purpose of this transcendental phenomenological study was to understand the organizational and personal factors affecting law enforcement officers' willingness to seek mental health assistance following a stressful/traumatic experience from the perspective of the law enforcement officer. The effect of stigmas associated with mental health-seeking behaviors and its impact on the reluctance of law enforcement officers' willingness to seek assistance is the central phenomenon of this study. Study participants included twelve active and retired law enforcement officers from the northern part of the state of Minnesota in an effort to elicit rich narratives and lived experience from this target population. …

Getting After The “Dark Figure” Of Reid: A Meta-Analysis, Douglas A. Coolidge

Masters Theses

Much research has been done, which aims at the use of the Reid Technique in the interrogation room. The technique, named after Reid and Inbrau, uses an aggressive presumption of guilt tactic that has been blamed for the unconstitutional coercion of criminal confession. Those that argue against the use of the technique are typically proponents of the cognitive technique, an interrogation model that eschews the aggressive “finger-pointing” of the Reid technique in favor of more friendly interactions, where the suspect is set up to tell their side of the story freely. Should they be attempting to lie during a cognitive …

Putting The Fetus First — Legal Regulation, Motherhood, And Pregnancy, Emma Milne

Michigan Journal of Gender & Law

The fetus-first mentality advocates that pregnant women and women who could become pregnant should put the needs and well-being of their fetuses before their own. As this Article will illustrate, this popular public perception has pervaded criminal law, impacting responses to women deemed to be the “irresponsible” pregnant woman and so the “bad” mother. The Article considers cases from Alabama and Indiana in the United States and from England in the United Kingdom, providing clear evidence that concerns about the behavior of pregnant women now hang heavily over criminal justice responses to women who experience a negative pregnancy outcome or …

Symbolism Over Substance: The Role Of Adversarial Cross-Examination In Campus Sexual Assault Adjudications And The Legality Of The Proposed Rulemaking On Title Ix, Hunter Davis

Michigan Journal of Gender & Law

Traditionally, it has been understood that campus sexual assault adjudications need not take on the formalities of the justice system. Since the consequences faced in campus adjudications are considerably less than punishments faced in the justice system, less process is owed under the Due Process Clause. However, in September 2018, the Sixth Circuit reconceived what constitutes due process in campus sexual assault adjudications in the case of Doe v. Baum. The court found that in cases involving conflicting narratives at public universities, the accused or his agent must have the ability to cross-examine his accuser in the presence of …

Catch Me If You Can: The Federal Government's Long-Winded Chase To Round Up Immigrants And Defund Sanctuary Cities, Monika Chawla

Villanova Law Review (1956 - )

No abstract provided.