Digital Commons Network^™

Removing Police From Schools Using State Law Heightened Scrutiny, Christina Payne-Tsoupros

Northwestern Journal of Law & Social Policy

This Article argues that school police, often called school resource officers, interfere with the state law right to education and proposes using the constitutional right to education under state law as a mechanism to remove police from schools.

Disparities in school discipline for Black and brown children are well-known. After discussing the legal structures of school policing, this Article uses the Disability Critical Race Theory (DisCrit) theoretical framework developed by Subini Annamma, David Connor, and Beth Ferri to explain why police are unacceptable in schools. Operating under the premise that school police are unacceptable, this Article then analyzes mechanisms to …

As Muddy As The Mississippi River: An Examination Of Louisiana Jury Venire Creation Procedures, Kristen M. Vicknair

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

Americans expect their constitutional rights to be respected by the federal, state, and local governments, but a lack of transparency on a government’s behalf prevents Americans from being able to trust their governments fully. This Note demonstrates the astounding lack of transparency in Louisiana parishes’ jury venire creation procedures, which prevent Louisianans from trusting that their communities are represented by a fair cross-section on jury venires. The same lack of transparency restricts any constitutional challenges of the representation on appeal, as the major test for the fair cross-section, the Duren test, requires a showing of systematic exclusion on the government’s …

How The Gun Control Act Disarms Black Firearm Owners, Maya Itah

Washington Law Review

Through 18 U.S.C. § 924(c), the Gun Control Act (GCA) outlaws the possession of a firearm “in furtherance of” a drug trafficking crime. The statute’s language is broad, and federal courts have interpreted it expansively. By giving prosecutors wide discretion in charging individuals with § 924(c) violations, the language enables the disproportionate incarceration of Black firearm owners.

This Comment addresses this issue in three parts. Part I discusses the ways early gun control laws overtly disarmed Black firearm owners. Additionally, Part I provides context for the passage of the Gun Control Act of 1968, which coincided with the backlash to …

Predict And Suspect: The Emergence Of Artificial Legal Meaning, Daniel Maggen

North Carolina Journal of Law & Technology

No abstract provided.

Swosu Fact Book Fall 2021, Joel Harrel Kendall, Diane Fitzsimmons, Kayleigh Brown

Fact Books

The 30th annual Southwestern Oklahoma State University Fact Book provides a ready source of information to answer frequently asked questions about the University and its operations. The Fact Book is compiled annually by the Office of Institutional Research to assist the university with strategic planning, academic program reviews, grant writing, accreditation, and institutional information to help guide decision-making. The report is designed to help faculty, staff, administrators, and external stakeholders better understand the student body and university trends. The data analyzed for this report was collected from 2012 to 2021.

Unless otherwise noted, the information in the Fact Book is …

Undergraduate And Graduate Course Descriptions, 2021 Fall, Wright State University

Course Descriptions

Wright State University undergraduate and graduate course descriptions from Fall 2021.

Inspectors General And The Law Of Oversight Independence, Andrew Brunsden

Articles & Chapters

President Trump's defiance of basic norms threatened the oversight institutions of American democracy. His brazen assault on the prosecutorial and investigative independence of federal law enforcement was well documented. Yet few have thoroughly scrutinized his violations of the oversight independence of internal institutions that monitor the government to promote integrity, transparency, and accountability. This Article examines the independence of Inspectors General (IGs), the internal watchdogs of the Executive Branch, and the President's attacks on the institution. President Trump breached long-standing independence norms when he fired or replaced IGs in retaliation for their legitimate exercise of oversight duties. Then, in some …

Going Off Half-Cocked: Opposing As-Applied Challenges To The "Felon-In-Possession" Prohibition Of 18 U.S.C. Sec. 922(G)(1), Anthony Zarillo Iii

Penn State Law Review (2003 - Present)

No abstract provided.

Teaching With Quantitative Data In The Social Sciences At The University Of New Hampshire: An Ithaka S+R Local Report, Patricia Condon, Eleta Exline, Louise Buckley

Faculty Publications

This exploratory study investigated the teaching practices of social science instructors at the University of New Hampshire who engage with undergraduate students using quantitative data in the classroom. The participants interviewed teach both general and discipline-specific data concepts as academic, work, and life skills. Primary challenges discussed by the participants that students face in engaging with these topics are understanding math and statistical concepts, learning new software and computing skills, limited prior exposure to data, and lack of retention of content from earlier courses. Participants addressed challenges in several ways in order to lower barriers to learning, including finding, vetting, …

The Content Of Our Character, Teneille Brown

Penn State Law Review (2003 - Present)

No abstract provided.

Tying A Tribal Officer's Hands: Tribal Law Enforcement Authority Under United States V. Cooley, Mikaela Koski

Penn State Law Review (2003 - Present)

No abstract provided.

Sri Lanka And The International Criminal Court: An Uneasy Relationship, Aloka Wanigasuriya

California Western International Law Journal

No abstract provided.

The Israeli Case For The Applicability Of The Presumption Of Innocence To Indicted Public Officeholders, Rinat Kitai-Sangero

California Western International Law Journal

No abstract provided.

...Of Cabbages And Kings, Fall 2021, Emeriti Society, University Of The Pacific

Emeriti Newsletter: "...Of Cabbages and Kings"

"...Of Cabbages and Kings" is the newsletter of the University of the Pacific Emeriti Society. Read more about the Emeriti Society of Pacific by clicking here.

External Funding Bulletin, July - December 2021, Uno Office Of Research And Creative Activity

Sponsored Programs Bulletins

No abstract provided.

A Way Forward: Uf Race Scholars On Support, Obstacles, And The Need For Institutional Engagement, Katheryn Russell-Brown, Ryan Morini

UF Law Faculty Publications

This research project was designed to identify strategies and steps the University of Florida (UF) can take to more effectively support faculty whose work focuses on race or anti-racism. These steps can considerably strengthen UF’s foundations for scholarship on race, an imperative for a top-five public university that is also the state’s flagship academic institution. This report is based on interviews with and survey responses from UF faculty members whose scholarship focuses on issues of race or anti-racism. The 39 faculty members who participated in the study represent a broad range of disciplines and colleges, spanning arts, humanities, social sciences, …

Special Matters: Filtering Privileged Materials In Federal Prosecutions, Christina Frohock

Articles

This Article reviews the U.S. Department of Justice's toolbox for handling potentially privileged materials, with close attention to the evolution from filter teams to the Special Matters Unit in fraud prosecutions. Significant case opinions from the U.S. Courts of Appeals for the Fourth, Sixth, and Eleventh Circuits reveal the judiciary's diverse views on filter teams. The recent case of United States v. Esformes in the U.S. District Court for the Southern District of Florida, now on appeal to the Eleventh Circuit, illustrates how a filter team can fall short and draw unflattering attention to the Department of Justice. In the …

A Profile Of Freshman Inquiry Students Fall 2021, Portland State University. University Studies Program, Rowanna L. Carpenter

University Studies Assessment Research

In order to better understand the students who enroll in Freshman Inquiry (FRINQ) courses and identify areas where they may need support, University Studies (UNST) began collecting and compiling data on these students. This report presents a profile of FRINQ students from Fall 2021. It presents an overview of all students enrolled in FRINQ during Fall 2021 and then summarizes information from the Prior Learning Survey. It is organized around three areas that contribute to student success: academic preparation and concern; financial and physical wellbeing; and connectedness to campus.

Revocation And Retribution, Jacob Schuman

Washington Law Review

Revocation of community supervision is a defining feature of American criminal law. Nearly 4.5 million people in the United States are on parole, probation, or supervised release, and 1/3 eventually have their supervision revoked, sending 350,000 to prison each year. Academics, activists, and attorneys warn that “mass supervision” has become a powerful engine of mass incarceration.

This is the first Article to study theories of punishment in revocation of community supervision, focusing on the federal system of supervised release. Federal courts apply a primarily retributive theory of revocation, aiming to sanction defendants for their “breach of trust.” However, the structure, …

"Send Freedom House!": A Study In Police Abolition, Tiffany Yang

Washington Law Review

Sparked by the police killings of George Floyd and Breonna Taylor, the 2020 uprisings accelerated a momentum of abolitionist organizing that demands the defunding and dismantling of policing infrastructures. Although a growing body of legal scholarship recognizes abolitionist frameworks when examining conventional proposals for reform, critics mistakenly continue to disregard police abolition as an unrealistic solution. This Essay helps dispel this myth of “impracticality” and illustrates the pragmatism of abolition by identifying a community-driven effort that achieved a meaningful reduction in policing we now take for granted. I detail the history of the Freedom House Ambulance Service, a Black civilian …

Youth Transitions Advisory Council 2021 Annual Report, Tennessee. Commission On Children And Youth.

Youth Transitions Advisory Council

No abstract provided.

Mandatory Minimum Reforms, Sentencing, And Racial-Ethnic Disparities, Terry Ann Craigie, Mariyana Zapryanova

Economics: Faculty Publications

Over the last 20 years, numerous states and the federal government enacted mandatory minimum reforms, especially for drug offenses. Yet little is known about how effective these reforms have been at the state-level in lowering drug sentences. Using quasi-experimental methods and administrative data, this study evaluates the impact of state-level mandatory minimum reforms on drug sentences and their concomitant racial-ethnic disparities. We find that state-level mandatory minimum reforms do not lower drug sentences in general or change racial-ethnic disparities statistically significantly. These findings suggest that the profound racial-ethnic bias sparked by state-level mandatory minimums are not fully ameliorated by subsequent …

The Trial Preparation Procedures–Criminal, William Rhee, L. Richard Walker

Law Faculty Scholarship

In an effort to provide scholarship immediately useful to the criminal trial advocate, this article proposes a detailed systems workflow to plan and coordinate preparing for federal criminal trials called the Trial Preparation Procedures–Criminal (or "TrialPrepPro–Criminal" for short). The TrialPrepPro–Criminal upon the Trial Preparation Procedures-Civil, expounded in an earlier article.

Although there is an abundance of anecdotal "learning from doing" trial preparation guidance, empirically testable "learning about doing" trial preparation guidance is rare. We present our TrialPrepPro to learn more about doing.

The TrialPrepPro are modeled after the battle-proven military decision-making process used, with modifications, by all U.S. military services, …

Inspectors General And The Law Of Oversight Independence, Andrew C. Brunsden

William & Mary Bill of Rights Journal

President Trump’s defiance of basic norms threatened the oversight institutions of American democracy. His brazen assault on the prosecutorial and investigative independence of federal law enforcement was well documented. Yet few have thoroughly scrutinized his violations of the oversight independence of internal institutions that monitor the government to promote integrity, transparency, and accountability. This Article examines the independence of Inspectors General (IGs), the internal watchdogs of the Executive Branch, and the President’s attacks on the institution. President Trump breached long-standing independence norms when he fired or replaced IGs in retaliation for their legitimate exercise of oversight duties. Then, in some …

The Quad (The 2021 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• 20th Anniversary of the Naming of SMU Dedman Law

• Underwood Law Library Celebrates 50 Years

• Mustang Bar: Connect. Educate. Engage.

• Giving & Impact

• Two Law Alumni Named Recipients of SMU Distinguished Alumni Awards

Employees Breaking Bad With Technology: An Exploratory Analysis Of Human Factors That Drive Cyberspace Insider Threats, Marcus L. Green

USF Tampa Graduate Theses and Dissertations

As implementation of computer systems has continued to grow in business contexts, employee-driven cyberspace infractions have also grown in number. Employee cyberspace behaviors have continued to have detrimental effects on company computer systems. Actions that violate company cybersecurity policies can be either malicious or unmalicious. Solutions, by and large, have been electronic and centered on hardware and software. Those proposing solutions have begun to shift their focus to human risk vulnerabilities.

This study was novel in that its focus was identification of individual, cultural, and technological risk factors that drive cyberspace insider threat activities. Identifying factors that reduce insider threat …

The Validity Of The Assessment And Treatment Of Radicalization Scale: A Psychometric Instrument For Measuring Severity Of Extremist Muslim Beliefs, Yusef Karimi, Adarsh Kholi, Ann-Mari Hesselink, Johan Prinsloo, Stella Bhawanie, José M Andreu, Adekunle G. Ahmed, Wagdy Loza, Alexandra Cimbura

Journal of Strategic Security

The Assessment and Treatment of Radicalization Scale (ATRS) is designed to quantitatively measure Muslim extremists’ ideologies regarding risk areas that are reported in the literature. Utilizing the scale, in this study, using a convenience sample of 1769 from 10 countries (Australia, Canada, Egypt, India, Iran, Iraq, Nigeria, Pakistan, Spain, and South Africa) responded to the ATRS. Results supported previous findings about the reliability and validity of the Assessment and Treatment of Radicalization Scale (ATRS, formerly known as Belief Diversity Scale BDS, Loza, 2007) for assessing Muslim extremists. Suggested cut off scores to use for identifying possible extremists are provided.

It’S All About (Re)Location: Interpreting The Federal Sentencing Enhancement For Relocating A Fraudulent Scheme, Stephen Ferro

University of Chicago Law Review

Section 2B1.1(b)(10) of the U.S. Sentencing Guidelines Manual increases the recommended sentencing ranges for defendants who make fraudulent schemes harder to uncover. In particular, subsection (A) of this Guideline—the relocation enhancement—increases a defendant’s recommended sentence if she “relocated, or participated in relocating, a fraudulent scheme to another jurisdiction to evade law enforcement or regulatory officials.” This provision raises the question: Where is a fraudulent scheme located? The question might have a straightforward answer in cases that involve few defendants and few fraudulent acts. But federal circuit courts have split over how to apply this enhancement to schemes that span multiple …

Covid-19 Relief And The Ordinary Inmate, Jenny E. Carroll

Faculty Scholarship

As scholars and advocates have lamented the deficiencies of remedies pre- and post-conviction for the extraordinary, the “ordinary” are not saddled with slow and deficient remedies -- they have none. This Essay explores this absence of such relief for those unable to make an extraordinary claim during the COVID-19 public health crisis of 2020. For the ordinary men, women, and children held in custody in 2020 and beyond, pretrial detention and sentencing laws make no exception in the face of a potentially fatal contagion or the public health crisis it creates. Yet, the pandemic highlights the reality that systematic flaws …

Why Are You Here? Modeling Illicit Massage Business Location Characteristics With Machine Learning, Anna White, Seth Guikema, Bridgette Carr

Articles

Illicit massage businesses are a venue for sex and labor trafficking in the United States. Though many of their locations are made publicly available through online advertising, little is known about why they choose to locate where they do. In this work, we use inferential modeling to better understand the spatial distribution of illicit massage businesses within the U.S. Based on addresses web-scraped weekly from online advertisements over 6 months, we modeled illicit massage business prevalence at the census tract and county levels. We used publicly available data to characterize census tracts and counties, finding that the state in which …