Digital Commons Network^™

Tax Benefits, Higher Education And Race: A Gift Tax Proposal For Direct Tuition Payments, Bridget J. Crawford, Wendy C. Gerzog

Elisabeth Haub School of Law Faculty Publications

This Article combines three topics--taxes, higher education, and race--to evaluate the tax system's role in exacerbating racial inequalities. Part II frames the discussion with a brief overview of the economics of higher education: how much it costs, how much debt the average student incurs to afford it, and how that debt burden varies by race. Part III describes the major income and wealth transfer tax benefits for higher education, including I.R.C. § 2503(e)'s exclusion of direct tuition payments from gift tax. Part IV demonstrates how this gift tax exclusion disproportionately benefits white families already more likely to avail themselves …

Legal Services Needs Assessment For Rio Grande Valley Residents In Texas: A Comprehensive T3 Report, Amber Baylor, Nandita Chaudhuri, Luz E. Herrera, Felipe Hinojosa

Faculty Scholarship

This report presents the findings of a legal needs assessment and oral history project that was simultaneously undertaken from August 2019 to September 2020 in the Rio Grande Valley region of Texas. The purpose of the research is to provide a detailed discussion about access to legal information and to document the pertinent legal needs in the Rio Grande Valley. The project documented respondents’ perceptions of the area’s legal assets and needs.

The report captured information from more than 600 individuals who participated in surveys, focus groups, and interviews to create an overview of the historic legal-resource environment that exists …

Ai: Artificial Inventor Or The Real Deal, Anna Carnochan Comer

North Carolina Journal of Law & Technology

No abstract provided.

Experiencing Trauma And Burnout: The Coping Mechanisms Of Police Officers, Kathryn M. Larson

Honors Thesis

Police officers face burnout and trauma throughout their entire careers. There is a well-established knowledge of the psychological consequences that police officers face as well as some of the ways that they cope with these psychological issues. This study was an attempt to describe a group of police officers and their use of both positive and negative coping mechanisms such as alcohol use and avoidance. Further, the project assessed rates of burnout and trauma via an online survey that was sent to four different police departments in the Midwest. Participants (N=84) were officers that range in age from 23 to …

Table Of Contents

Washington and Lee Law Review

No abstract provided.

Technological Tethereds: Potential Impact Of Untrustworthy Artificial Intelligence In Criminal Justice Risk Assessment Instruments, Sonia M. Gipson Rankin

Washington and Lee Law Review

Issues of racial inequality and violence are front and center today, as are issues surrounding artificial intelligence (“AI”). This Article, written by a law professor who is also a computer scientist, takes a deep dive into understanding how and why hacked and rogue AI creates unlawful and unfair outcomes, particularly for persons of color.

Black Americans are disproportionally featured in criminal justice, and their stories are obfuscated. The seemingly endless back-to-back murders of George Floyd, Breonna Taylor, Ahmaud Arbery, and heartbreakingly countless others have finally shaken the United States from its slumbering journey towards intentional criminal justice reform. Myths about …

Resilience & Wellness Teams: A Comprehensive Maintenance Plan For Law Enforcement Officers, Landon Jay Wade

College of Education Theses and Dissertations

The current culture of policing in the United States has been exposed as having a need for review, re-evaluating and a re-commitment to the expectation of values entrusted to its officers by the citizenry. Posttraumatic Stress Disorder (PTSD) indicators typically take months or years to present in active duty police officers. The onset of symptoms may be subtle, exaggerated, or undetectable without an examination. The complex nature of the unique enterprise of policing exposes officers to mental health hazards continuously over decades. In an effort to explore the predictors and attempt to establish a basis for preventative actions an examination …

Tribute To Professor David Bruck, Cristina Becker, C. Elizabeth Belmont, Johanna Bond, J.D. King, Zoe Bruck, Judy Clarke, Dawn M. Davison, Bernadette M. Donovan, Matthew L. Engle, William S. Geimer, Dan Goldman, Brandon Hasbrouck, Laura G. Hastay, Alexandra L. Klein, Emily Kuchar, Charu Kulkarni, Kristina Leslie, Kamyle Li, Kevin Mcnally, Maisie Osteen, Jonathan Shapiro, Scott E. Sundby

Washington and Lee Law Review

A tribute to Professor David I. Bruck, who served on the faculty of the Washington and Lee University School of Law from 2004 to 2020. Bruck directed W&L's death penalty defense clinic, the Virginia Capital Case Clearinghouse, also known as "VC3". He became Professor of Law, Emeritus in 2020.

A Macro Analysis Of Illegal Hunting And Fishing Across Texas Counties: Using An Economic Structural Approach, Leo J. Genco Jr.

USF Tampa Graduate Theses and Dissertations

The purpose of this disseration is to examine the distribution of illegal hunting and fishing violations across Texas counties in respect to the economic structure. Illegal hunting plays a part in the extraction of resources that are overly withdrawn, and criminologists have ignored this form of deviancy that has large ramifications for the environment. To view this criminal phenomenon, the study uses the Treadmill of Production theory to determine economic structural factors and whether those factors explain the distribution of illegal hunting and fishing. Using regression analyses and SatScan, the findings suggested that while there are significant factors related to …

Tax Benefits, Higher Education, And Race: A Gift Tax Proposal For Direct Tuition Payments, Bridget J. Crawford, Wendy C. Gerzog

South Carolina Law Review

No abstract provided.

Sexual Slavery As A War Crime: A Reform Proposal, Alessandro Storchi

Michigan Journal of International Law

For the first time in the history of international criminal law, the ICC Elements of Crimes included a statutory definition of sexual slavery as a war crime and as a crime against humanity. Such definition is derived from, and in fact almost identical to, the definition of enslavement in the same text. In July 2019, that language for the first time was adopted and applied in the conviction of general Bosco Ntaganda, the first ever conviction for sexual slavery as a war crime and as a crime against humanity at the ICC, as part of the situation in the Democratic …

Calls For Accountability: Redefining The Culture Of Policing In Las Vegas, Olivia Cheche

Undergraduate Research Symposium Podium Presentations

In summer 2020, national attention on racial injustice brought into focus the culture of policing as a critical area of policy exploration for the United States. The purpose of this study is to examine the culture of policing in the Las Vegas metropolitan area, and specifically within Las Vegas’s largest police force, the Las Vegas Metro Police Department (LVMPD). Through this case study analysis, the racial, social and fiscal aspects of the culture of policing are investigated between the years 2016 & 2020. The research here presents data on disparities within policing found at the national and local levels. The …

The Absence Or Misuse Of Statistics In Forensic Science As A Contributor To Wrongful Convictions: From Pattern Matching To Medical Opinions About Child Abuse, Keith A. Findley

Dickinson Law Review (2017-Present)

The new scrutiny that has been applied to the forensic sciences since the emergence of DNA profiling as the gold standard three decades ago has identified numerous concerns about the absence of a solid scientific footing for most disciplines. This article examines one of the lesser-considered problems that afflicts virtually all of the pattern-matching (or “individualization”) disciplines (largely apart from DNA), and even undermines the validity of other forensic disciplines like forensic pathology and medical determinations about child abuse, particularly Shaken Baby Syndrome/Abusive Head Trauma (SBS/AHT). That problem is the absence or misuse of statistics. This article begins by applying …

Pretrial Custody And Miranda, Kit Kinports

Washington and Lee Law Review

In two recent opinions, Maryland v. Shatzer and Howes v. Fields, the Supreme Court concluded that inmates serving prison sentences were not in custody for purposes of Miranda—in Shatzer’s case while he was living among the general prison population and in Fields’s case while he was undergoing police interrogation. The question addressed in this Article is one that has divided the lower courts in the wake of those two decisions: the impact of the Court’s rulings on the hundreds of thousands of pretrial detainees in this country, many of whom are poor, Black, and Brown. This Article maintains that …

Injustice Anywhere Is A Threat To Justice Everywhere: Why Mass Incarceration Is A Feminist Issue, Too, Vanessa Iroegbulem

Audre Lorde Prize

No abstract provided.

To Implement Or Not To Implement: Safe Opioid Injection Sites As A Solution To The Opioid Crisis, Kayla Keister

Senior Honors Theses

The opioid epidemic has been a crisis in the United States for the last 30-40 years but is just now being popularized by the American public. One potential up-and-coming solution to the opioid crisis is the implementation of safe opioid injection sites, which are locations where individuals may bring drugs to inject under the supervised care of medical professionals. They are currently being used in Canada as well as several Western European countries. The question remains, however, as to whether or not the United States is ready for the implementation sites in regard to public opinion, finances, and ethics.

Conflict Preemption: A Remedy For The Disparate Impact Of Crime-Free Nuisance Ordinances, Meredith Joseph

University of Michigan Journal of Law Reform

Thousands of municipalities across the country have adopted crime-free nuisance ordinances—laws that sanction landlords for their tenants’ behaviors, coercing them to evict tenants for actions as innocuous as calling 9-1-1 in an emergency. These facially neutral ordinances give wide discretion to municipal officials, leading to discriminatory enforcement of evictions. As a result, these ordinances have a devastating impact on victims of domestic violence and are used as a tool to inhibit integration in majority-white municipalities. Many plaintiffs have brought lawsuits alleging violations of the U.S. Constitution and the Fair Housing Act. However, bringing lawsuits under various anti-discrimination protections presents many …

Measuring The Impact Of Residency Requirements And The Relationship With The Citizens In The Community, Daniel Villa

College of Education Theses and Dissertations

Community policing is best described as how police departments work together with the community in solving problems. In several major U.S. cities, police departments have changed their residency requirements allowing their officers to reside outside of the municipality in which they are employed. One can assume that officers residing outside the community they serve may not have a high level of engagement in the area in which they work. The current movements to defund police departments led by politicians and members of various communities would imply that residing outside of the municipality in which officer's work would have no impact, …

The Plan Starts Now: A Study Of Juvenile Delinquency And A Re-Entry Program Back Into The Community, Lynell Porch

College of Education Theses and Dissertations

African American youth are five times as likely as whites to be detained or committed to youth facilities; 1 out of 10 high school dropouts are institutionalized. $8–21 billion is spent locking up juvenile delinquents. The educational system has failed many African American youth, which can lead them into delinquency. These youth are disregarded in the educational system, placed in overcrowded classrooms, and often dismissed as unable to learn. The results of this are school to prison pipeline. Many youths have learning disabilities that are not addressed by teachers, so youth began acting out. These are acts of attention and …

Department Of Politics And Government News And Views, Spring 2021, Department Of Politics And Government

Department of Politics and Government News and Views

Newsletter of the Department of Politics and Government at Illinois State University

Racial Revisionism, Shaun Ossei-Owusu

Michigan Law Review

A Review of The Enigma of Clarence Thomas. by Corey Robin.

Tort Law And Civil Recourse, Mark A. Geistfeld

Michigan Law Review

A Review of Recognizing Wrongs. by John C.P. Goldberg and Benjamin C. Zipursky.

Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein

Michigan Law Review

A Review of Until We Reckon: Violence, Mass Incarceration, and a Road to Repair. by Danielle Sered.

The "Innocence" Of Bias, Osamudia James

Michigan Law Review

A Review of Biased: Uncovering the Hidden Prejudices that Shapes What We See, Think, and Do. by Jennifer L. Eberhardt.

Can Prosecutors End Mass Incarceration?, Rachel E. Barkow

Michigan Law Review

A Review of Charged: The New Movement to Transform American Prosecution and End Mass Incarceration. by Emily Bazelon.

The Geopolitics Of American Policing, Andrew Lanham

Michigan Law Review

A Review of Badges Without Borders: How Global Counterinsurgency Transformed American Policing. by Stuart Schrader.

Tennessee Felon Population Update, April 2021, Tennessee. Department Of Correction.

Felon Population Reports

No abstract provided.

The Montclarion, April 1, 2021, The Montclarion

The Montclarion

Student Newspaper of Montclair State University, Special Edition, Best of the Month: March 2021

How Do Teachers’ Pedagogy Influence The Ways In Which African American Males Are Disciplined? A Case Study Examining Discipline In A High School Setting, Kimberly Kimbrough

Dissertations

This qualitative study was conducted to examine the pedagogies of high school teachers who have demonstrated success in working with African American male students and to determine which factors influence the way African American male students are disciplined. The rationale behind this research was based on the researcher’s direct observation of the many challenges African American male students encounter while navigating high school. The study was guided by a case study methodology to gather information about the shared experiences of the five teacher participants via interviews. Results showed African American male students experience high success levels when working with teachers …

Some Objections To Strict Liability For Constitutional Torts, Michael Wells

Scholarly Works

Qualified immunity protects officials from damages for constitutional violations unless they have violated "clearly established" rights. Local governments enjoy no immunity, but they may not be sued on a vicarious liability theory for constitutional violations committed by their employees. Critics of the current regime would overturn these rules in order to vindicate constitutional rights and deter violations.

This Article argues that across-the-board abolition of these limits on liability would be unwise as the costs would outweigh the benefits. In some contexts, however, exceptions may be justified. Much of the recent controversy surrounding qualified immunity involves suits in which police officers …