Digital Commons Network^™

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …

Rock And Hard Place Arguments, Jareb Gleckel, Grace Brosofsky

Seattle University Law Review

This Article explores what we coin “rock and hard place” (RHP) arguments in the law, and it aims to motivate mission-driven plaintiffs to seek out such arguments in their cases. The RHP argument structure helps plaintiffs win cases even when the court views that outcome as unfavorable.

We begin by dissecting RHP dilemmas that have long existed in the American legal system. As Part I reveals, prosecutors and law enforcement officials have often taken advantage of RHP dilemmas and used them as a tool to persuade criminal defendants to forfeit their constitutional rights, confess, or give up the chance to …

American Edibles: How Cannabis Regulatory Policy Rehashes Prohibitionist Fears And What To Do About It, Connor Burns, Jay Wexler

Seattle University Law Review

Why can’t we buy a cannabis muffin with our morning coffee? For much of the past century, the answer was simple: cannabis was illegal. Now, however, with more and more states legalizing cannabis for adult use, the answer is far less clear. Even in those states that have legalized cannabis, the simple action of buying and eating edibles at the same location has somehow remained a pipe dream despite consumer demand. Digging a little deeper, we can see how contemporary alarmism—by rehashing the same prohibitionist rhetoric demonizing cannabis for over eighty years—has once again arisen with a new target: cannabis-infused …

Corporate Entanglement With Religion And The Suppression Of Expression, Ronald J. Colombo

Seattle University Law Review

The power and ability of corporations to assert their First Amendment rights to the detriment of others remains both a controversial and unresolved issue. Adverting to relevant strands of existing jurisprudence and certain constitutionally relevant factors, this Article suggests a solution. The path turns upon the recognition that whereas some corporations are appropriately categorized as rights-bearing entities (akin to associations), others are more appropriately categorized as “entities against which the rights of individuals can be asserted.” Legislation, in the form of the draft “CENSOR” Act, is provided as a means by which to implement this categorization. What hopefully emerges is …

Clearing Opacity Through Machine Learning, Arti K. Rai, W. Nicholson Price Ii

Faculty Scholarship

Artificial intelligence and machine learning represent powerful tools in many fields, ranging from criminal justice to human biology to climate change. Part of the power of these tools arises from their ability to make predictions and glean useful information about complex real-world systems without the need to understand the workings of those systems.

But these machine-learning tools are often as opaque as the underlying systems, whether because they are complex, nonintuitive, deliberately kept secret, or a synergistic combination of those three factors. A burgeoning literature addresses challenges arising from the opacity of machine-learning systems. This literature has largely focused on …

An Introduction To Viewpoint Diversity Shareholder Proposals, Stefan J. Padfield

Transactions: The Tennessee Journal of Business Law

No abstract provided.

A Few Quick Viewpoints On Viewpoint Diversity Shareholder Proposals, Joan Heminway

Transactions: The Tennessee Journal of Business Law

No abstract provided.

A Judge’S Experiences And Reflections On Restoring Community, George Nicholson

Court Review: Journal of the American Judges Association

Our nation and our people are strongly but fairly evenly divided. Both sides claim the high ground. Too many of us irrationally despise and demonize one another, including those we have never met. Even for those of us with the mind, heart, and will to do so, the challenge of helping to mitigate the division and demonization looms large. It is a daunting, but consuming task.

Judges, especially appellate court and supreme court judges, are among those best able to help calm this social and cultural storm. Why is that so? Because judges are role models for those in and …

Pleas, Plea Bargaining, And Domestic Violence: Procedural Fairness As An Answer To A Failing Process, David Suntag

Court Review: Journal of the American Judges Association

In 2007, I had the privilege of helping to create and then preside over an innovative domestic violence docket in the rural county of Bennington, Vermont: the Bennington Integrated Domestic Violence Docket (IDVD). With few financial resources but energetic justice system and community support, we created a holistic, collaborative court process, which combined misdemeanor criminal domestic violence cases with related family docket protective order cases, as well as some related divorce and parentage cases in a same-day/one-judge, conferencing-type docket. Subsequent studies by the Vermont Criminal Research Group (VCRG) showed significantly improved outcomes for those who found themselves caught in the …

Plain Language Guide, Kean University

Evidence Inventory

Kean University follows the Plain Language Guide to New Jersey’s Executive Branch Ethics Standards which states: “As a State officer or employee or special State officer or employee, you are prohibited from acting in your official capacity in any matter in which you have a direct or indirect personal or financial interest that might be expected to impair your objectivity or independence of judgment. As a practical matter, this means that you should not participate, even informally, on a matter in which you have a personal or financial interest.”

Graduate Programs And Enrollments, Kean University

Evidence Inventory

Kean Graduate Student Enrollment Headcount By Program, for Fall Semester(s)

Duress In Immigration Law, Elizabeth Keyes

All Faculty Scholarship

No abstract provided.

What Judges Can Do About Implicit Bias, Jerry Kang

Court Review: Journal of the American Judges Association

“Implicit bias” was not well known in legal communities twenty years ago. But now, the idea of implicit bias circulates widely in both popular and academic discussions. Even the casually interested judge knows a great deal about the topic. Still, even as the problem of implicit bias has grown familiar, potential solutions remain out of focus. Specifically, what can judges do about implicit bias, in their capacities as managers of a workplace, as well as vessels of state power?

In 2009 I wrote a Primer for the National Center for State Courts, which described the challenge of implicit bias to …

The Avoidance Of Stereotypical Reasoning In Rendering Judgment, Wayne K. Gorman

Court Review: Journal of the American Judges Association

Canadian trial judges have been encouraged to rely upon “reason, common sense and life experience” in making credibility assessments (see R. v. Delmas, 2020 ABCA 152, para. 31, aff’d 2020 SCC 39). However, a number of recent Canadian Court of Appeal decisions have concluded that this use of common sense has, at times, caused Canadian trial judges to stray into stereotypical reasoning, rendering their credibility-based judgments invalid. In very succinct terms, the Nova Scotia Court of Appeal recently indicated that “[r]eliance on a stereotype in assessment of credibility is impermissible and an error of law” (see R. v. Stanton …

Theatre Performer Turned Law Student: A Personal Reflection, Jasmine Tottel-Clarke

Plymouth Law Review

No abstract provided.

From Deciding To Study Law, To My Experience So Far As A Law Student, Mollie Pellowe

Plymouth Law Review

No abstract provided.

Becoming A Police Station Representative: The Psras Accreditation Scheme And Beyond, Thomas Wilson

Plymouth Law Review

No abstract provided.

Beyond Qualified Immunity, Fred O. Smith Jr.

Michigan Law Review Online

I never watched the video. The descriptions themselves have always felt like enough. Traumatizing enough. Invasive enough. George Floyd, father of two, laying on the ground, as an unfazed officer kneeled on his neck for at least eight minutes and forty-six seconds. He pleaded for his life and cried out to his deceased mother until he met his inevitable death. His name should be said for the record before saying almost anything else. The recording of the chilling final minutes of his life is, in all probability, one of the impetuses for this multi-journal Reckoning and Reform Symposium.

Bridgewater Magazine, Volume 31, Number 1, Spring 2021, Bridgewater State University

Bridgewater Magazine

This issue focuses the environment; then, now, and future. BSU's Faculty do their part in examining critical environmental topics of the day. Student group address environmental issues through education and events. Professor Ivana George draws attention to the environment through her photography. Member of Class ’99 seeks answers to questions concerning climate change and hurricanes. Look at internships involving the environment and sustainability. A Professor and Librarian live sustainably. Three alumni do their part for social justice and the environment. Also featured, a message from President, plus Bridgewater and alumni news.

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

Articles

No abstract provided.

Discovering Racial Discrimination By The Police, Alison Siegler

Articles

No abstract provided.

The Other American Law, Elizabeth Reese

Articles

No abstract provided.

The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse

Articles

No abstract provided.

The Performance Of Africa's International Courts: Using Litigation For Political, Legal, And Social Change, Tom Ginsburg

Articles

No abstract provided.

Rethinking Prosecutorial Discretion In Immigration Enforcement, Nicole Hallett

Articles

Prosecutorial discretion in immigration enforcement stands at a crossroads. It was the centerpiece of Obama's immigration policy after efforts to pass comprehensive immigration reform failed. Under the Trump administration, it was declared all but dead, replaced by an ethos of maximum enforcement. Biden has promised a return to the status quo ante, but the record of using prosecutorial discretion to accomplish humanitarian goals in immigration enforcement under Obama was, at best, mixed. Moreover, it is unclear whether Biden can depend on the availability of programs such as Deferred Action for Childhood Arrivals (DACA), Obama's signature prosecutorial discretion program. Although the …

Police Deception In Interrogation As A Problem Of Procedural Legitimacy, Margareth Etienne, Richard Mcadams

Articles

No abstract provided.

Racial Bias In Algorithmic Ip, Dan L. Burk

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.

Health Care Sanctuaries, Medha D. Makhlouf

Faculty Scholarly Works

It is increasingly common for noncitizens living in the United States to avoid seeing a doctor or enrolling in publicly funded health programs because they fear surveillance by immigration authorities. This is the consequence of a decades-long shift in the locus of immigration enforcement activities from the border to the interior, as well as a recent period of heightened immigration enforcement. These fears persist because the law incompletely constrains immigration surveillance in health care.

This Article argues that immigration surveillance in health care is a poor choice of resource allocation for immigration enforcement because it has severe consequences for health …

Multiple And Ranked Generalized Others In Symbolic Interactionist Theory With Implications For Difference And Inequality, Thomas E. Janoski, Chrystal Grey, Darina Lepadatu

Sociology White Papers

Mead and Blumer propose the important role of the generalized other but this concept has been largely overlooked in later symbolic interactionist theories and research. This has implications for the social psychology of difference and inequality, especially since the generalized other can be a powerful tool as W. E. B. DuBois' concept of "dual consciousness" points out. Blumer' s "sense of group position" has been used to focus on difference, but this term usually requires a structural leap. To re-emphasized the generalized other in symbolic interactionist theory, we make five points: (1) the social construction of identity involves multiple-selves based …

Do Not Pass Go: Expanding The Generalized Other In Symbolic Interactionist Theories Of Difference And Inequality, Thomas E. Janoski, Chrystal Grey, Darina Lepadatu

Sociology White Papers

Mead and Blumer propose the important role of the generalized other but this concept has been largely overlooked in later symbolic interactionist theories and research. This has implications for the social psychology of difference and inequality, especially since the generalized other can be a powerful tool as W. E. B. DuBois' concept of "dual consciousness" points out. Blumer' s "sense of group position" has been used to focus on difference, but this term usually requires a structural leap. To re-emphasized the generalized other in symbolic interactionist theory, we make five points: (1) the social construction of identity involves multiple-selves based …