Digital Commons Network^™

Of Protest And Property: An Essay In Pursuit Of Justice For Breonna Taylor, H. Timothy Lovelace Jr.

Faculty Scholarship

In March 2020, Louisville police officers fatally shot Breanna Taylor in her apartment while executing a no-knock warrant. There was great outrage over the killing of the innocent woman, and Kentucky Attorney General Daniel Cameron led an investigation of the officer-involved shooting.

Activists protested in Louisville after Taylor's killing, and when Cameron's investigation appeared stalled, these activists even conducted a sit-in on Cameron's front lawn. They demanded immediate justice for Taylor. Cameron sharply responded, lecturing the activists on how to achieve justice. He contended that neither trespassing on private property nor escalation in tactics could advance the cause of justice. …

Closing International Law's Innocence Gap, Brandon L. Garrett, Laurence R. Helfer, Jayne C. Huckerby

Faculty Scholarship

Over the last decade, a growing number of countries have adopted new laws and other mechanisms to address a gap in national criminal legal systems: the absence of meaningful procedures to raise post-conviction claims of factual innocence. These legal and policy reforms have responded to a global surge of exonerations facilitated by the growth of national innocence organizations that increasingly collaborate across borders. It is striking that these developments have occurred with little direct help from international law. Although many treaties recognize extensive fair trial and appeal rights, no international human rights instrument—in its text, existing interpretation, or implementation—explicitly and …

Distinguishing Plea Discounts And Trial Penalties, Ben Grunwald

Faculty Scholarship

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 …

Third Party And Appointed Monitorships, Veronica Root Martinez

Faculty Scholarship

This chapter outlines the history and use of monitors in various contexts, beginning with the original conception of a court-appointed monitor and ending with the more recent development of the public relations and modern-day court-ordered monitor. It next discusses how the specific type of monitorship alters the duties and confidentiality expectations of the parties to the monitorship in both formal and informal ways. Next, it analyzes the sparse regulation of monitorships, suggesting that reputation may currently be the most effective limit on monitor overreach and capture. Finally, it ends by proposing two areas for scholarly focus going forward: (1) mechanisms …

Impact Of Benzodiazepines And Polysubstance Status On Repeat Non-Fatal Drug Overdoses, Sarah Mayberry, Sarah Nechuta, Shanthi Krishnaswami

Peer Reviewed Articles

Research has shown that benzodiazepines and mental health disorders can increase the likelihood of repeat overdose, but researcher have not explored this association in Tennessee (TN). We examined benzodiazepines, polysubstance overdose status with/without benzodiazepines, and mental health comorbidities with repeat overdose using statewide data in TN. This study analyzed TN hospital discharge data on nonfatal overdoses for patients ages 18–64 from 2012 to 2016 for 21,066 patients with an initial inpatient visit and 36,244 patients with an initial outpatient visit. The study assessed each patient at one year after initial overdose to determine likelihood of repeat overdose. We used a …

Spatial Patterns Of Crime In District 05, Quito-Ecuador, 2016-2020, Pablo Esteban Ochoa Veloz

All Graduate Theses, Dissertations, and Other Capstone Projects

The geography of crime in Ecuador has not been geographically studied. In Quito, few criminal studies have been developed from a geographic approach. This research focuses on studying trends and patterns of crime in Quito`s District 05 by employing spatial analytical tools using GIS (Geographic Information System), statistics and cartographic techniques. This study aims to contribute to the literacy in crime-related topic in the country. Quito´s District 05 houses a representative percentage of the city´s financial services, retail activities, and other tertiary services. This district is among the most important economic business district in the city which attract many people …

Educating Antiracist Lawyers: The Race And The Equal Protection Of The Laws Program At Dickinson Law, Dermot M. Groome

Faculty Scholarly Works

The year 2020 has forced us, as a nation, to recognize painful realities about systemic racism in our country and our legal system. The fallacies in our founding documents and the vestiges of our slave past are so woven into our national culture that they became hard to see except for those who suffered their daily indignities, hardships, and fears. As legal educators, we must face the role we have played in helping build the machinery of structural racism by supplying generation after generation of those who maintain that machinery and prosper within it. In this critical moment of our …

The Influence Of Alice: A Response To Jay P. Kesan & Runhua Wang’S Eligible Subject Matter At The Patent Office: An Empirical Study Of The Influence Of Alice On Patent Examiners And Patent Applicants, Daryl Lim

Faculty Scholarly Works

No abstract provided.

Racism, Incorporated: Ramos V. Louisiana And Jogging While Black, Victor C. Romero

Faculty Scholarship

There is more to the U.S. Supreme Court’s recent decision in Ramos v.
Louisiana than its holding requiring unanimous state jury verdicts via the
incorporation doctrine. The underlying debate among the Justices in Ramos
about the salience of race in the law is a window into the current cultural
moment. After identifying the racial debate underlying the Justices’ views in
Ramos, this Essay shows how the same pattern emerges in our social and
legal debates around vigilante policing of Black Americans, including a
close-up look at the recent killing of Ahmaud Arbery. Social psychology
teaches us that society stereotypes …

The Corporate Insanity Defense, Mihailis E. Diamantis

Journal of Criminal Law and Criminology

Corporate criminal justice rests on the fiction that corporations possess “minds” capable of instantiating culpable mens rea. The retributive and deterrent justifications for punishing criminal corporations are strongest when those minds are well-ordered. In such cases misdeeds are most likely to reflect malice, and sanctions are most likely to have their intended preventive benefits. But what if a corporate defendant’s mind is disordered? Organizational psychology and economics have tools to identify normally functioning organizations that are fully accountable for the harms they cause. These disciplines can also diagnose dysfunctional organizations where the threads of accountability may have frayed and where …

Criminalizing China, Margaret K. Lewis

Journal of Criminal Law and Criminology

The Department of Justice launched the China Initiative in November 2018 to counter national security threats emanating from the People’s Republic of China (PRC). By June 2020, the Federal Bureau of Investigation had approximately two thousand active investigations under the Initiative.

People and entities with connections to the PRC’s governing party-state structure have engaged in trade secret theft and other crimes under U.S. law. The Department of Justice is not making up a threat. It is, however, framing that threat in a problematic way.

This Article argues that using “China” as the glue connecting cases prosecuted under the Initiative’s umbrella …

The Specific Deterrent Effects Of Criminal Sanctions For Intimate Partner Violence: A Meta-Analysis, Joel H. Garner, Christopher D. Maxwell, Jina Lee

Journal of Criminal Law and Criminology

A dozen systematic reviews published since 1978 have sought to clarify the complexities of deterrence theory. These reviews emphasize the general deterrent effects of police presence, arrest, and incarceration on rates of homicide and other serious crimes, such as assault, rape, and burglary. These reviews provide less attention to specific deterrence processes and to the deterrent impacts of intermediate sanctions, such as prosecution or conviction; none of these reviews incorporate any of the research on criminal sanctions for intimate partner violence. To address these limitations, this research uses meta-analytic methods to assess the specific deterrent effects of three post-arrest criminal …

Missing The Misjoinder Mark: Improving Criminal Joinder Of Offenses In Capital-Sentencing Jurisdictions, Milton J. Hernandez Iv

Journal of Criminal Law and Criminology

In all state and federal jurisdictions in the United States, joinder allows prosecutors to join multiple offenses against a criminal defendant. Joinder pervades the American criminal justice system, and some jurisdictions see joinder in more than half of their cases. Most states and the federal courts use a liberal joinder system where courts may join offenses regardless of their severity or punishment. These systems derive from judicial efficiency arguments, seeking to avoid unnecessary trials and striving to conserve time, money, and other resources. In a liberal joinder regime, the court may force a defendant to prepare for a trial in …

Constitutional Pandemic Surveillance, Matthew B. Kugler, Mariana Oliver

Journal of Criminal Law and Criminology

How do people view governmental pandemic surveillance? And how can their views inform courts considering the constitutionality of digital monitoring programs aimed at containing the spread of a highly contagious diseases? We measure the perceived intrusiveness of pandemic surveillance through two nationally representative surveys of Americans. Our results show that even at the height of a pandemic people find surveillance for public health to be more intrusive than surveillance for traditional law enforcement purposes. To account for these strong privacy concerns, we propose safeguards that we believe would make cell phone location tracking and other similar digital monitoring regimes constitutionally …

A Hallmark Of Injustice: Illinois Sentencing Regulations Fail Defendants And The Judicial System, 53 Uic J. Marshall L. Rev. 1009 (2021), Allison Trendle

UIC Law Review

No abstract provided.

Testing Privilege: Coaching Bar Takers Towards "Minimum Competency" During The 2020 Pandemic, Afton Cavanaugh

Faculty Articles

The year 2020 was challenging for the bar exam. The longstanding argument that the bar exam is not a fair measure of the minimum competence of someone to practice law was cast into harsh relief and the truth-that the bar exam tests the privilege of its examinees-became startlingly apparent. Not only did 2020 kick off with a devastating global pandemic, but we also saw the rage against systemic racial injustice reach a boiling point just as we were charged with staying in our homes to avoid contracting COVID-19. With a pandemic raging, overt White supremacy on the rise, and racial …

Examining Risk Factors Of Juvenile Delinquency And The Predictive Validity Of A Juvenile Risk Assessment Instrument Across Urban And Rural Communities, Kelly Vannan

Electronic Theses and Dissertations, 2020-2023

Juvenile delinquency among the nation's youth is an ongoing concern. An essential task of juvenile justice workers is to identify and measure risk factors that impact a youth's likelihood of recidivating. The Florida Department of Juvenile Justice (FDJJ) utilizes the Positive Achievement Change Tool (PACT) to assess the risk for recidivism among all juveniles referred to the system. The current study examined how youths' level and types of risk, as well as the ability of the PACT to predict the odds of reoffending and the time to reoffend, vary across urban and rural communities. This study drew upon theories of …

Trauma-Informed Clergy: An Investigation Of Factors Predicting The Trauma-Related Attitudes Of Christian Clergy In Florida, Elizabeth Pennock

Electronic Theses and Dissertations, 2020-2023

Exposure to childhood trauma can have a lasting impact on the mental and emotional health of an individual (Ford & Courtois, 2009). Research on help-seeking behaviors indicate that 15% to 40% of individuals who experience mental health problems, including trauma-related concerns, initially contact a member of the clergy for help rather than contacting a medical or mental health professional (Nieuwsma et al., 2014; Wang et al., 2003); therefore, research into the trauma-related attitudes and beliefs of clergy is warranted. The purpose of this study was to understand the personal and professional factors that predict the trauma-related attitudes and beliefs of …

Confronting The Biased Algorithm: The Danger Of Admitting Facial Recognition Technology Results In The Courtroom, Gabrielle M. Haddad

Vanderbilt Journal of Entertainment & Technology Law

From unlocking an iPhone to Facebook “tags,” facial recognition technology has become increasingly commonplace in modern society. In the wake of the Black Lives Matter movement and call for police reform in the United States, it is important now more than ever to consider the implications of law enforcement’s use of facial recognition technology. A study from the National Institute of Standards and Technology found that facial recognition algorithms generated higher rates of false positives for Black faces—sometimes up to one hundred times more false identifications—than white faces. Given the embedded bias of this technology and its increased prevalence, the …

Current Regulatory Challenges In Consumer Credit Scoring Using Alternative Data-Driven Methodologies, Sahiba Chopra

Vanderbilt Journal of Entertainment & Technology Law

Credit is a crucial determinant of financial success for most US consumers, but not all consumers can access it. This financial exclusion is partially due to traditional credit-risk scoring and approval processes that cannot assess the creditworthiness of “credit invisible” or “thin file” consumers––that is, consumers who do not have enough traditional data depicting their financial payment history. Consequently, some consumer-reporting agencies and lenders turn to alternative data credit-scoring systems as a way to increase financial inclusion. The enormous complexity of these alternative consumer credit-scoring systems, however, raises significant accuracy and transparency issues—most of which stem from their secret, legally …

The Perceptions That Um First-Generation College Students Have Regarding The Impact Of Campus Engagement On Their Success At The Institution, Martin B. Fisher

Electronic Theses and Dissertations

First-generation students are often underprepared for college and have lower persistence rates (Balemian & Feng, 2013), and they face a unique set of challenges in their transition to college that many of their peers do not (Pelco, Bell, & Lockeman, 2014). Consistent with national statistics, data obtained from UM’s Office of Institutional Research, Effectiveness, and Planning indicate first-generation students at UM persist and graduate at lower rates than their peers whose parents have a bachelor’s degree.

There are many reasons why first-generation students have lower success rates, and, for some students, a lack of engagement is one of them (Pascarella, …

Officer-Created Jeopardy: Broadening The Time Frame For Assessing A Police Officer’S Use Of Deadly Force, Cynthia Lee

GW Law Faculty Publications & Other Works

When a police officer’s use of deadly force kills or seriously injures a civilian, that officer may face civil liability or criminal prosecution. In both civil and criminal cases, a critical question that the jury must decide is whether the officer’s use of force was reasonable or excessive. As a general matter, the jury will be advised that it should consider all the relevant facts and circumstances—the totality of the circumstances—to answer this question.

An officer’s decisions and conduct prior to that officer’s use of deadly force can create jeopardy for the civilian and the officer, increasing the risk of …

Black Lawyers Of Missouri: 150 Years Of Progress And Promise, Willie J. Epps Jr.

Missouri Law Review

In this Article, Judge Epps amasses and orchestrates an unprecedented amount of information about Missouri’s Black lawyers from 1871 to 2021. As Missouri marks its bicentennial, and the sesquicentennial of the first Black lawyer admitted to practice here, this Article offers analysis and insights about the most well-known Black lawyers, including new details on many previously unknown Black lawyers. According to Judge Epps, the earliest of these legal pioneers courageously practiced law when Blacks had few or no rights under the Supreme Court’s interpretation of the Constitution, and de jure and de facto discrimination reigned in Missouri. His research shows …

Mitigating Opioid Related Healthcare Use In Kentucky: An Assessment Of The Impact Of Kentucky Revised Statute (Krs) Changes To Opioid Prescribing On Opioid Related Prescribing And Healthcare Utilization, Drew Speer

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

The opioid epidemic has impacted few other places more than the state of Kentucky. In 2018, data from the Centers of Disease Control and Prevention (CDC) and the National Institute on Drug Abuse (NIDA) ranked Kentucky as being in the top ten for rate of drug overdose deaths and opioid-involved overdose deaths per 100,000 persons.^1,2 These rankings exist even though prescription opioid dispensing rates have fallen from 102.6 per 100 persons in 2015 to 72.3 per 100 persons in 2019.³ Aligning with this trend, while research shows this problem began with prescription opioids in the late 1990’s, it …

A Case Study To Explore The Perception Of A Woman Participant In Drug Court Of A Community-Based Arts Program On Substance Use Recovery Outcomes, Catherine L. Troop

Theses and Dissertations--Early Childhood, Special Education, and Counselor Education

Addiction to drugs is a complex, chronic, and multi-faceted disease that often involves cycles of relapse and remission. The lifetime prevalence of alcohol and drug use disorders in women in the United States is 19.5 percent and 7.1 percent, respectively (McHugh, Wigderson, & Greenfield, 2014) yet there is a significant dearth of efficacious substance abuse treatment services tailored specifically to women. In addition, literature suggests that the third aspect of Bandura’s Social Cognitive theory (self-efficacy) potentially plays a significant role in abstinence of drug use. The role of art interventions on recovery outcomes for a woman enrolled in the Franklin …

Assessing Factors That Increase The Likelihood Of Naloxone Administration, Samantha Nagy

PCOM Psychology Dissertations

For more than two decades, the opioid epidemic has swept through the United States and has caused thousands of deaths every year due to opioid overdose. The Centers for Disease Control and Prevention (CDC; 2019) has reported that since 1999, over 770,000 Americans have died from overdoses. Nearly 70% of deaths in 2018 were due to opioids, 47% of which were the result of fentanyl or a non-methadone opioid and 22% were the result of heroin (CDC, 2019). As policy and treatment protocols attempt to manage those who seek treatment, the pharmaceutical industry has developed a life-saving medication that gives …

To Err Is Human, To Apologize Is Hard: The Role Of Apologies In Lawyer Discipline, Leslie Levin, Jennifer K. Robbennolt

Faculty Articles and Papers

The lawyer discipline system is often the only recourse for complainants when lawyers misbehave. Yet it is also deeply unsatisfying. Most grievances are dismissed and even when a sanction is imposed, the complainant receives no monetary compensation. Lawyers rarely even apologize for the harm they caused. Yet apologies can repair relationships and trust, decrease distress, restore the victim’s standing, and affirm important values. In this article, we explore whether and how apologies might be more systematically incorporated into the lawyer discipline system to address lawyer mistakes and misconduct. We detail how apologies are currently sporadically used and evaluated by disciplinary …

Understanding The Nature Of Non-Profit Incubators With Other Sector Incubators In The Founding Of Social Change Organisations By Social Entrepreneurs, Jesus N. Valero, Marina Saitgalina, Rachel A. Black

School of Public Service Faculty Publications

Incubators have been studied extensively in the private sector, such as those that engage in technological innovation or growing small businesses. The scholarship has not sufficiently explored the efforts of incubators in the nonprofit sector that help create programs supporting, mentoring, and cultivating social entrepreneurs. There are numerous documented cases of nonprofit organizations establishing initiatives that help motivated entrepreneurs achieve social change; but research is lagging in developing a systematic understanding of these effort’s impact, and the factors associated with the success of nonprofit initiatives that support social entrepreneurs. This paper seeks to understand the nature of nonprofit organizations that …

Race Relations In America: Examining The Facts [Book Review], Rob Tench

Libraries Faculty & Staff Publications

No abstract provided.

Elite Rhetoric, Target Group Positioning, And Policymaking: Immigrant Women And Project 100% In San Diego County, Amy Nantkes

CGU Theses & Dissertations

housands of Mexicans are crossing the U.S. border, bearing children, and collecting welfare checks, according to a dramatic 1994 article printed in the popular magazine Reader's Digest. This well-known publication, which at the time sent out 15 million copies per month, included a story alleging that Mexican citizens were committing rampant fraud and abuse of the social welfare system in San Diego County, CA. In California in the 1990s, key state and federal level reforms involving immigrants and welfare usage occurred, such as Proposition 187 (1994) and the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA, 1996). Then, in 1997, …