Digital Commons Network^™

Suicide Prevention And Mood Disorders: Self-Exclusion Agreements For Firearms As A Suicide Prevention Strategy, Melvin G. Mcinnis, Stephen B. Thompson, Sofia D. Merajver, Carl E. Schneider

Articles

Suicide involves a complex set of behaviors and emotions that lead up to actions that may be based on planning and forethought or the result of impulse. While there are a host of antecedent circumstances the presence of a mood disorder, primarily depression, is the most common factor in suicide. While management of depression is recognized as important prevention strategy in depression, the means by which suicide occurs must be a critical element of prevention. Policies that lower access to the means for suicide will decrease the fatality. Guns are associated with half of suicides and the case fatality rate …

The Race To The Top To Reduce Prosecutorial Misconduct, Adam M. Gershowitz

Faculty Publications

This Essay offers an unconventional approach to deterring prosecutorial misconduct. Trial judges should use their inherent authority to forbid prosecutors from appearing and handling cases in their courtrooms until the prosecutors have completed training on Brady v. Maryland, Batson v. Kentucky, and other types of prosecutorial misconduct. If a single trial judge in a medium-sized or large jurisdiction imposes training prerequisites on prosecutors, it could set off a race to the top that encourages other judges to adopt similar (or perhaps even more rigorous) training requirements. A mandate that prosecutors receive ethics training before handling any cases is …

The Opioid Doctors: Is Losing Your License A Sufficient Penalty For Dealing Drugs?, Adam M. Gershowitz

Faculty Publications

Imagine that a medical board revokes a doctor's license both because he has been peddling thousands of pills of opioids and also because he was caught with a few grams of cocaine. The doctor is a family physician, not a pain management specialist. Yet, during a one-year period he wrote more than 4,000 prescriptions for opioids--roughly eighteen scripts per day. Patients came from multiple states and from hundreds of miles away to get oxycodone prescriptions. And the doctor prescribed large quantities of opioids--up to 240 pills per month--to patients with no record of previously needing narcotic painkillers. Both federal and …

Reviving The Presumption Of Youth Innocence Through A Presumption Of Release: A Legislative Framework For Abortion Of Juvenile Pretrial Detention, Sara Hildebrand

Penn State Law Review (2003 - Present)

No abstract provided.

Walk A Mile In My Shoes: The Disadvantage That Lies At The Intersection Of Race And Gender Through The Lens Of Kamala Harris, Wennafer Caela Donald

Honors Capstones

No abstract provided.

Civil Rights Law—Out Of The Shadows: The Case For Arkansas To Achieve Full Compliance With The Prison Rape Elimination Act, Connor Thompson

University of Arkansas at Little Rock Law Review

No abstract provided.

How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G.S. Hans

Georgia State University Law Review

The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou’s Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons attorneys and law students can learn from Bad Blood are highly complex. The Theranos story touches on multiple areas of professional responsibility, including competence, diligence, candor, conflicts, and liability. Thus, Theranos serves as a helpful tool to explore the limits of ethical lawyering for Professional Responsibility students.

This Article discusses the author’s experience with using Bad Blood as an extended case study in a new course on Legal …

Violent Videos: Criminal Defense In A Digital Age, Amy Kimpel

Georgia State University Law Review

Digital video evidence has exploded into criminal practice with far-reaching consequences for criminal defendants, their attorneys, and the criminal legal system as a whole. Defense attorneys now receive police body-worn camera footage, surveillance video footage, and cell phone video footage in discovery in even the most routine criminal cases. This Article explores the impact on defense attorneys of reviewing this avalanche of digital evidence. The author posits that the outsized role of digital evidence in criminal cases is taking a toll on defense attorneys in general—and public defenders in particular—resulting in increased burnout and secondary trauma.

This Article includes results …

Distinguishing Plea Discounts And Trial Penalties, Ben Grunwald

Georgia State University Law Review

We know that criminal defendants who plead guilty receive lower sentences than those convicted at trial, but there’s widespread disagreement about why. One camp of scholars believes this plea-trial differential represents a deeply troubling and coercive penalty; a second believes it’s merely a freedom-enhancing discount; and a third denies any meaningful distinction between the two at all. One reason for this disagreement is theoretical—it’s not at all clear what these concepts mean. Another is empirical—in the absence of precise conceptual definitions, we lack relevant data because scholars don’t know what to look for when searching for evidence of penalties and …

Super-Dissenters, Nicholas L. Georgakopoulos

Hofstra Law Review

An overview of adjudication by the Supreme Court reveals three phenomena. In the 1976 term, unanimous decisions switch from being decidedly liberal to even, and in 1990, they switch to greater frequency. Also, during the 1970s and 1980s, the Supreme Court displays greater complexity of coalition formation. The departures of Justice Douglas in the first case, and of Justices Brennan and Marshall in the last two, have explanatory power. A look back at pre-WWII data indicates both changes are in the direction of returning to older patterns.

Promoting Equity In Education: Fostering Positive School Climates Where All Students Learn, Rebecca Bakkedahl, Jessica Bernier, Karen Hernandez, Samantha Koktan

Master of Social Work Student Policy Advocacy Briefs

Students of color and students with disabilities are disproportionately impacted by exclusionary discipline in our schools. Suspensions, removals, and expulsions do not work. There is strong evidence to suggest that such punitive practices do not deter misbehavior. They are a pathway to students dropping out of school and a gateway to involvement with the criminal justice system. Minnesota must end exclusionary disciplinary practices and replace these punitive approaches with practices that create opportunity and foster a positive, supportive, affirming school climate where all students can learn, grow, and thrive.

Kū Kia‘I Mauna: Protecting Indigenous Religious Rights, Joshua Rosenberg

Washington Law Review

Courts historically side with private interests at the expense of Indigenous religious rights. Continuing this trend, the Hawai‘i State Supreme Court allowed the Thirty- Meter-Telescope to be built atop Maunakea, a mountain sacred to Native Hawaiians. This decision led to a mass protest that was organized by Native Hawaiian rights advocates and community members. However, notwithstanding the mountain’s religious and cultural significance, Indigenous plaintiffs could not prevent construction of the telescope on Maunakea.

Unlike most First Amendment rights, religious Free Exercise Clause claims are not generally subject to strict constitutional scrutiny. Congress has mandated the application of strict scrutiny to …

My Cash Is My Bond: Recognizing Rights To Cash Bail Forfeiture Exoneration In Washington, Olivia Hagel

Washington Law Review

When criminal defendants fail to appear for a court date after they are released on a bail bond or cash bail, Washington courts will likely forfeit their bail. And when the defendant reappears—whether a day, a month, or a year later—that same court might return, or “exonerate,” the bail bond or cash bail.

But Washington does not treat cash bail and bail bonds similarly in the context of forfeiture exoneration. Commercial bail bond agents enjoy robust statutory and judicial avenues for the return of their forfeited bail bonds. A little over one-hundred years ago, the Supreme Court of Washington treated …

Philharmonic & University Band, Nancy Conley, Joseph Scheivert

Bailey School of Music Concert Programs

A performance by the Kennesaw State University Philharmonic Orchestra, and University Band.

Competing Algorithms For Law: Sentencing, Admissions, And Employment, Saul Levmore, Frank Fagan

University of Chicago Law Review

Algorithms have found their way into courtrooms, college admission committees, and human resource departments. While defendants and other disappointed parties have challenged the use of algorithms on the basis of due process or similar objections, it should be expected that they will also challenge their accuracy and attempt to present algorithms of their own in order to contest the decisions of judges and other authorities. The problem with this approach is that people who can transparently see why they have been algorithmically denied rights or resources can manipulate an algorithm by retrofitting data. Demands for full algorithmic transparency by policy …

Is The Cherry Sour? Why Doctrinal Borrowing Has Caused The Cherry Doctrine To Converge With Rico Law, Dale A. Davis

North Carolina Law Review

No abstract provided.

A Corporate Law Rationale For Reparations, Susan S. Kuo, Benjamin Means

Faculty Publications

Should the United States pay reparations to African Americans? A majority of Americans object that they are not personally responsible for slavery or Jim Crow. The objection is rooted in the principle of ethical individualism, which holds that people can be blamed only for their own actions.

This Article contends that the ethical individualism objection to reparations is misplaced because it assumes that what matters is the culpability of each citizen. We argue that, like a corporation, the United States is a legal person. Consequently, seeking reparations from the United States does not turn on the guilt of its citizens …

Making The Case For Abolition: Why Legislation Restricting Solitary Confinement Is Not Enough, Veronica Chmiel

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

State Benefits For Veterans In Tennessee, Tennessee. Comptroller Of The Treasury.

Office of Research and Education Accountability

No abstract provided.

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

Wall Street's Enormous Net: How Scaling Back Statutory Disqualifications Would Better Harmonize Statutes And Practices With The Times, Kelly Breslauer

Hofstra Labor & Employment Law Journal

No abstract provided.

Lessons From The Present: Three Crises And Their Potential Impact On The Legal Profession, Raymond H. Brescia

Hofstra Law Review

The United States faces three simultaneous crises: a pandemic, a civil-rights reckoning, and a crisis of democracy. The first of these crises has sparked dramatic—though potentially temporary—changes to the practice of law: moving much legal work to remote settings almost overnight, after the profession had largely resisted making such accommodations for decades. The second has sparked an assessment of the extent to which the practice of law and the legal system are both riddled with racism and institutional bias. The third, the crisis of democracy, has lawyers at its center, filing frivolous claims and fomenting an armed insurrection with designs …

Too Many Chips On The Table: A Call For The Bifurcation Of Money And Custody In Divorce, Alexa R. Schwartz

Hofstra Law Review

No abstract provided.

The Pacifican March 2021, University Of The Pacific

All Issues - Student Newspaper, The Pacifican, Pacific Weekly

No abstract provided.

The Liar’S Mark: Character And Forfeiture In Federal Rule Of Evidence 609(A)(2), Jesse Schupack

Michigan Law Review

Rule 609(a)(2) of the Federal Rules of Evidence is an outlier. The Rule mandates admission of impeaching evidence of a witness’s past convictions for crimes of dishonesty. It is the only place in the Rules where judges are denied their usual discretion to exclude evidence on the grounds that its admission would be more prejudicial than probative. This Note analyzes three assumptions underlying this unusual Rule: (1) that there is a coherently definable category of crimes of dishonesty, (2) that convictions for crimes of dishonesty are uniquely probative of a person’s character, and (3) that an assessment of moral character …

Effects Of Changes In Student Major Choice On Faculty Salary And Department Hiring, Dakota F. Averett

QuaesitUM

No abstract provided.

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

Felon Population Reports

No abstract provided.

A Formulaic Recitation Will Not Do: Why The Federal Rules Demand More Detail In Criminal Pleading, Charles Hintz

Penn State Law Review (2003 - Present)

No abstract provided.

The Vexing Case Of Venue For Violent Crimes In Aid Of Racketeering, Melvin Otey

Penn State Law Review (2003 - Present)

No abstract provided.

Mother, May I Give A Dna Sample? The Incapacity Of Juvenile Offenders And Suspects To Consent To Abandoned Dna Collection, Lauren Brown

Penn State Law Review (2003 - Present)

No abstract provided.