Digital Commons Network^™

Teaching Professional Responsibility Through Theater, Michael Millemann, Elliott Rauh, Robert Bowie Jr.

Faculty Scholarship

This article is about ethics-focused, law school courses, co-taught with a theater director, in which students wrote, produced and performed in plays. The plays were about four men who, separately, were wrongfully convicted, spent decades in prison, and finally were released and exonerated, formally (two) or informally (two).

The common themes in these miscarriages of justice were that 1) unethical conduct of prosecutors (especially failures to disclose exculpatory evidence) and of defense counsel (especially incompetent representation) undermined the Rule of Law and produced wrongful convictions, and 2) conversely, that the ethical conduct of post-conviction lawyers and law students helped to …

Motherhood As Misogyny, Jane H. Aiken

Women & Law

No abstract provided.

Aa Ms 01 Gerald E. Talbot Collection Finding Aid, David Andreasen, Kristin D. Morris, Karin A. France, Marieke Van Der Steenhoven, Caroline Remley, Andrea Harkins, Kara Kralik, Anya O'Meara

Search the Manuscript Collection (Finding Aids)

Description:

Gerald E. Talbot was the first African American to be elected to the Maine State Legislature. He served in the Maine House of Representatives from 1972 to 1978, and worked with the Maine chapter of the NAACP and the State Board of Education. He also took part in the struggle for civil rights in other parts of the country, as well as in Maine. The Collection includes Talbot’s personal papers, records of his term in the Maine House of Representatives, of his work with the NAACP in Maine and with the State Board of Education. The Collection contains books, …

Mandatory And Permissive Reporting Laws: Obligations, Challenges, Moral Dilemmas, And Opportunities, Joel M. Geiderman, Catherine A. Marco

Emergency Medicine Faculty Publications

The duty to report certain conditions to public health or law enforcement authorities is one that falls on all physicians and other health care workers as part of their duty to protect the public from harm. In an open society, others, such as teachers, clergy, police officers, or simply neighbors, share the responsibility of protecting individuals at risk, often by reporting them to authorities. The emergency physician and others in the emergency department are uniquely positioned to identify people at risk or who pose a risk, and to report them as required or allowed under the law. In some circumstances, …

Apply Now Masters In Law, Justice & Culture Information Session, Feb 18, Ohio University College Of Arts & Sciences

All Forum Articles

No abstract provided.

When Paper Goes Viral: Handmade Signs As Vernacular Materiality In Digital Space, Katie Day Good

University Faculty Publications and Creative Works

This article examines the role of digitally mediated handmade signs in contemporary social movements. Bringing together theories of memetic practice, vernacular authority, and material traditions, we argue that vernacular materiality occurs wherever users turn to handmade, physical messages and material signifiers to transmit meaning online. Juxtaposing the humble and personalized aesthetics of handwritten messages against the polished, programmed, and virtual aesthetics of digital media, users mobilize vernacular materiality to disrupt hegemonic spaces and narratives by harnessing the affordances of physical and social media.

Developmental Justice And The Voting Age, Katharine B. Silbaugh

Faculty Scholarship

Several municipalities have lowered the voting age to 16, with similar bills pending in state legislatures and one considered by Congress. Meanwhile, advocates for youth are trying to raise the ages of majority across an array of areas of law, including ages for diverting criminal conduct into the juvenile justice system (18 to 21); buying tobacco (18 to 21); driving (16 to 18); and obtaining support from the foster care system (18 to 21). Child welfare advocates are fighting the harms of Adultification, meaning the projection of adult capacities, responsibilities, and consequences onto minors. In legal and social history, seeing …

New York Law School Magazine, Vol. 38, No. 2, Office Of Marketing And Communications

New York Law School Magazine

Features:

2020 Strategic Plan Bookshelf: Professor Edward A. Purcell Jr.’s Antonin Scalia and American
Constitutionalism: The Historical Significance of a Judicial Icon Looking West: Lincoln Patel ’12 Is Helping to Reshape Manhattan’s Far West Side Stories From South Africa: Ellmann Judicial Fellows Jennifer Kuhn 3L and Tammy Tran ’19 Share Their Experiences

Does Bail Reform Increase Crime? An Empirical Assessment Of The Public Safety Implications Of Bail Reform In Cook County, Illinois, Paul Cassell, Richard Fowles

Utah Law Faculty Scholarship

Recently bail reform issues have been in the news across the country, as concerns about fair treatment of defendants and possible public safety risks from expanding pretrial release have collided. These issues involve important empirical questions, including whether releasing more defendants before trial leads to additional crimes. An opportunity to investigate this public safety issue has developed in Chicago, our nation’s third largest city. There, the Office of the Chief Judge of the Cook County Courts adopted new bail reform measures in September 2017 and reviewed them empirically in May 2019. Cook County’s Bail Reform Study concluded that the new …

Driving While Black And Latinx: Stops, Fines, Fees, And Unjust Debts, New York Law School

Articles and Writings

February 2020

Racial Justice Project

The New York Law School (NYLS) Racial Justice Project urges New York lawmakers to support the Driver’s License Suspension Reform Act (Senate Bill S5348A), which would end suspensions for nonpayments of traffic tickets and nonappearances in traffic court, practices which unduly target and harm communities of color.

Middle Eastern Women Between Oppression And Resistance: Case Studies Of Iraqi, Palestinian And Kurdish Women Of Turkey, Yasmin Khodary, Noha Salah, Nada Mohsen

Political Science

Wars and conflicts have had a profound impact on women and gender in the Middle East. In this article, we aim to highlight the various ways in which the ongoing oppression and conflict in the Middle East shape the responses of the Iraqi, Palestinian and Kurdish women of Turkey and the object of their struggles. We go beyond the ‘Orientalist’ discourse, which depicts Middle Eastern women in armed conflicts as solely vulnerable and helpless victims, to discuss the resisting roles played by the Iraqi, Palestinian and Kurdish women of Turkey. Middle Eastern women have played and continue to play major …

A Qualitative Case Study To Investigate How Educators Promote Parent Collaboration And Involvement For African American Elementary Males With Learning Disabilities, Derek E. Pierce

Electronic Theses and Dissertations

The disproportionate identification and achievement gap of African American students and their peers are inexhaustible. African American students continue to lag tremendously behind their Asian and Caucasian peers. There is limited research of African American students with disabilities as it relates specifically to various components of special education. To understand the narrative surrounding African American males, their achievement, and the collaboration between their parents and educators, the researcher will evaluate various components in conjunction with educators’ composition and characteristics and various parent’s attributes and behaviors. The purpose of this qualitative case study is to investigate how educators promote parent collaboration …

Overdue Justice: People V. Valenzuela And The Path Toward Gang Prosecution Reform, Ryan Nelson

Loyola of Los Angeles Law Review

No abstract provided.

How College Students Define Intimate Partner Violence, Georgella J. Mcrae

CUP Ed.D. Dissertations

The researcher designed this intrinsic qualitative single case study to gain an understanding of how first-generation African American freshmen, who attend schools that are Historically Black Colleges and Universities (HBCUs), define and identify intimate partner violence (IPV). IPV is one of the most underreported crimes, and the prevention of IPV on college campuses relies on the students’ ability to identify and report incidents. The study participants consisted of six male and nine female African American freshmen, between the ages of 18 and 19 years old. The researcher used the constructivist conceptual framework to place reliance on the participants’ perspectives of …

Cjus 488.01: Forensic Science, The Crime Lab, And Beyond, Randall R. Skelton

University of Montana Course Syllabi

No abstract provided.

Cjus 125n.50: Fundamentals Of Forensic Science, Katherine S. Baca

University of Montana Course Syllabi

No abstract provided.

Trauma-Informed Advocacy: Learning To Empathize With Unspeakable Horrors, Susan Ayres

William & Mary Journal of Race, Gender, and Social Justice

During the Senate Judiciary Committee Hearings on the nomination of Brett Kavanaugh as associate justice of the United States Supreme Court, Christine Blasey Ford testified regarding an alleged sexual assault by Kavanaugh that had occurred thirty-five years earlier. Although some viewed Blasey Ford’s testimony as a doomed repeat of Anita Hill’s testimony during the hearings on the nomination of Clarence Thomas, one significant difference was that the Kavanaugh hearings demonstrated an increased public awareness of the impacts of trauma. And just as senators hired a prosecutor trained in trauma-informed lawyering to question Blasey Ford, today’s lawyers must understand how trauma …

In Re Cook And The Franklin Proceeding: New Door, Same Dilapidated House, Christopher Hawthorne, Marisa Sacks

Loyola of Los Angeles Law Review

The California Supreme Court’s decision in In re Cook was supposed to bring about a sea change in the way trial courts conduct Franklin mitigation hearings for youthful offenders. In fact, while Cook changed the procedure for initiating a post-conviction Franklin proceeding, little else has changed, including the lack of agreement among attorneys concerning best practices in these proceedings, and a less than less-than-enthusiastic response from the criminal defense bar. Absent any guidance from higher courts, the Franklin proceeding is limited by the personal and institutional energies and preferences of judges, prosecutors, public defenders and private defense counsel. The authors …

Vocational And Life Skills Monthly Data Update: February 2020, Uno Nebraska Center For Justice Research, Katelynn Towne

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 update calls and site visits.

The current data derives from an active database, from which data is being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on the duration of lag between service delivery and data entry. …

Und Today: February 2020, University Of North Dakota

UND Today Archive

No abstract provided.

"Downright Indifference": Examining Unpublished Decisions In The Federal Courts Of Appeals, Merritt E. Mcalister

Michigan Law Review

Nearly 90 percent of the work of the federal courts of appeals looks nothing like the opinions law students read in casebooks. Over the last fifty years, the so-called “unpublished decision” has overtaken the federal appellate courts in response to a caseload volume “crisis.” These are often short, perfunctory decisions that make no law; they are, one federal judge said, “not safe for human consumption.”

The creation of the inferior unpublished decision also has created an inferior track of appellate justice for a class of appellants: indigent litigants. The federal appellate courts routinely shunt indigent appeals to a second-tier appellate …

The Municipal Pardon Power, Hayato Watanabe

Michigan Law Review

At the state and federal levels, the pardon power can be used to restore the dignity and legal rights lost by a criminal conviction. Unfortunately, those facing similar consequences from municipal convictions may not have access to a pardon. Although clemency is exceedingly rare at any level of government, municipal defendants face a unique structural problem that deprives them of the possibility of a pardon. Specifically, many cities have simply failed to create a local clemency power. This Note argues that the authority to grant pardons for municipal offenses is part of the toolbox of powers provided to cities through …

Tennessee Felon Population Update, February 2020, Tennessee. Department Of Correction.

Felon Population Reports

No abstract provided.

State Attorneys General As Agents Of Police Reform, Jason Mazzone, Stephen Rushin

Duke Law Journal

State attorneys general can and should play an important role in remedying police violations of constitutional rights. In 1994, Congress enacted 34 U.S.C. § 12601 to authorize the U.S. attorney general to seek equitable relief against state and local police departments engaged in patterns or practices of misconduct. The Department of Justice (“DOJ”) has used this statute to reform some of the nation’s most troubled police departments. However, the DOJ has lacked the resources to pursue more than a few cases each year, and in 2017 the Trump administration announced it would no longer enforce § 12601.

In response, some …

Extrajudicial Statements And Prejudice In The Digital Age: Creating Factors To Preserve The Balance Between Attorney And State Interests In Trial Litigation, Emily R. O'Hara

William & Mary Law Review

As social media’s prevalence and usage grows within the United States, people and organizations capitalize on new media to send news to users. In 2017, 67 percent of people consumed their news from social media websites, and the rate continues to grow. Local and national news sources bring newsworthy stories to active users on social media sites such as Twitter, where users can communicate and interact with one another to promote ideas and spread information. These online accounts cover not only mundane, day-to-day news, but also salacious stories relating to civil and criminal lawsuits.

In April 2018, attorney Neal Katyal …

Credibility Of Crime Allegations, Frances Xu Lee, Wing Suen

School of Business: Faculty Publications and Other Works

The lack of hard evidence in allegations about sexual misconduct makes it difficult to separate true allegations from false ones. We provide a model in which victims and potential libelers face the same costs and benefits from making an allegation, but the tendency for perpetrators of sexual misconduct to engage in repeat offenses allows semiseparation to occur, which lends credibility to such allegations. Our model also explains why reports about sexual misconduct are often delayed, and why the public rationally assigns less credibility to these delayed reports.

Collective Healing: A Restorative Justice-Based Response To Sexual Abuse, Delene Bromirski

Dissertations, Theses, and Capstone Projects

For much of the last 20 years, the United States has been at the center of the sexual abuse crisis within the Roman Catholic Church. Victim-survivors of clergy-perpetrated sexual abuse have long been waiting for the Church to acknowledge them and respond to their needs. This study sought to answer two important research questions: (1) whether restorative justice can be used to redress harms stemming from clergy-perpetrated sexual abuse and promote healing, and (2) whether there are common characteristics among victims who benefit from restorative events. The study employed a mixed-method research design consisting of both a quantitative and qualitative …

The Police And The State, Brandon Del Pozo

Dissertations, Theses, and Capstone Projects

This dissertation offers a systematic account of the relationship between the police and the democratic state. It describes the role of the police, the powers the police use to discharge the requirements of their role, and the means by which they should justify the exercise of their powers. I argue that the role of the police is to produce a type of substantive, practical justice, and that it involves the exercise of three powers: (1) to protect and rescue third parties from harm, (2) to collect people and evidence and present them to the magistrate for adjudication, and (3) to …

The Freddie Gray Uprising: Persistence And Desistance Narratives Of Community-Engaged Returning Citizens, Maurice Vann

Dissertations, Theses, and Capstone Projects

This study explored how selected returning citizens in Baltimore who experienced the Freddie Gray Uprising of 2015 quelled community violence, stopped looting, and cleaned up the community in the aftermath made meaning of their experiences of the unrest. The central purpose of this study was to collect and analyze the life stories of returning citizens in Baltimore who experienced the Uprising. These men who had been incarcerated for between 5 and 20 years responded to government officials who called on them to quell violence in their neighborhoods that stemmed from the in-custody homicide of Freddie Gray.

The informants provided narratives …

The Effects Of Two Kinds Of Stereotype Threat On Implicit Racial Bias In African-Americans, Brad Thomas

Dissertations, Theses, and Capstone Projects

The goal of the present study was to investigate the role of two types of stereotype threat on implicit racial bias in African-American college students. Research studies have shown that even those people who openly espouse egalitarian values can endorse racial preferences or biases on an implicit level. Furthermore, when an implicit measure shows that African-Americans have a stronger preference for Whites than their own group and/or believe negative stereotypes about their own race, this concept is called internalized racism. Research has also shown that negative stereotypes about the intelligence of African-Americans can impair performance when the threat of confirmation …