Digital Commons Network^™

Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw

Journal of Legislation

Is Michigan’s Sex Offenders Registration Act (“MSORA”) constitutional? Until 2016, courts routinely said yes. In 2016, the Sixth Circuit in Does #1–5 v. Snyder held that the statute was an unconstitutional ex post facto law. In 2021, the Michigan Supreme Court echoed the Sixth Circuit’s holding in People v. Betts. In response, the Michigan legislature passed Public Law 295 of 2020 to amend MSORA, and courts treat the amended act as a “new” statute. Critical analysis of the amended statute’s legality is difficult because the state legislature has seemingly ignored constitutional issues with statutory proposals until after the fact, and …

Clark Memorandum: Spring 2022, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• General Joseph Smith and His Candidacy for the Presidency of the United States
• Leadership Lessons from the Life of Dallin H. Oaks
• Flunking the Founding
• Seven Lessons from the Life of Rex Lee

Deprivation Of Liberty Relating To Detention In Irish Residential Care Centres For The Older Person; A Legal And Ethical Analysis, Florence Horsman Hogan

Theses

People enter residential care for a wide variety of reasons, with many people stating they would prefer to live in their own homes. Lack of community resources may lead to an older person entering residential care against their stated will and preferences. Recent case law in Ireland has established that outside of the Mental Health Act (2001) and for infection control purposes the 1947 Health Act, there is no legal provision in Irish healthcare which allows for a person to be detained against their will. The Assisted Decision Making (Capacity) Act 2015 is a key piece of legislation to enable …

Vol.49 N.47 June 16th 2022, Voice Media Ventures

Black Voice News

No abstract provided.

Understanding The Association Between Well-Being And College Continuation: A Mixed Methods Case Study, Ariella S. Panek

Theses and Dissertations

Well-being is a catchphrase that is pervasive in higher education. Many institutions claim to be investigating well-being so that students are supported in more comprehensive ways. Few studies, however, examine well-being via a multidimensional perspective that views the student as multifaceted with complex well-being relationships, nor within the community college setting where there are diverse students with increased challenges and fewer resources. This mixed methods case study examined how the concept of well-being is associated with college continuation and sought to understand how the presence of well-being is related to retention and persistence. The findings concluded that students generally lacked …

The Supreme Court's Draft Abortion Decision Overturning Roe V. Wade: How Originalism's Rejection Of Family Formation Rights Undermines The Court's Legitimacy And Destabilizes A Functioning Federal Government, Kari Hong

Montana Law Review Online

No abstract provided.

A (Partial And Principled) Defense Of Sentences Of Life Imprisonment, Mirko Bagaric, Jennifer Svilar

Cleveland State Law Review

There has been more than a five-fold increase in the number of life sentences in the United States over the past four decades. One in seven prisoners in the United States is serving a life (or virtual) life sentence. This amounts to over 200,000 prisoners. The increase has occurred against the backdrop of near universal condemnation by scholars and public policy advocates – many of whom are now advocating for the abolition of life sentences. Arguments that life sentences are not an effective deterrent or means of protecting the community have some merit. Yet, we argue that in a limited …

Late To The Crowd: How Ohio's Crowdfunding Bill Fails To Achieve Inclusiveness And Efficiency, Nathan E. Hill

Cleveland State Law Review

Almost half of all small and medium sized businesses within the United States fail within the first five years. One of the main contributing factors to that failure is the inability to raise enough money to operate. While there are many ways for businesses to raise operating capital, the most accessible and sometimes the most efficient way is through a process called equity-based crowdfunding—the offering of shares in exchange for an investment raised through an online portal. In 2012, after seeing the success of equity-based crowdfunding in other countries, the United States passed the Jumpstart Our Business Startups Act (JOBS …

Innocent Until Proven Arrested: How Pretrial Juvenile Detention For Nonviolent Offenders In Ohio Inflicts Constitutional Violations, Taryn Schoenfeld

Et Cetera

When a juvenile is accused of committing a crime in Ohio, juvenile court judges must determine whether to detain the child pretrial in a juvenile jail or permit the child to go home to await trial. Whereas alleged adult offenders have the right to pay a monetary bond to be released from jail pretrial, juveniles have no such right. Thus, once a judge makes the decision to detain a juvenile pretrial—prior to being adjudicated delinquent of any crime—it is difficult for that decision to be undone. While incarcerated, juveniles suffer irreversible psychological, emotional, mental, and social harms, despite juvenile courts …

Reclaiming The Right To Consent: Judicial Bypass Mechanism As A Way For Persons With Disabilities To Lawfully Consent To Sexual Activity In Ohio, Melissa S. Obodzinski

Cleveland State Law Review

In Ohio, it is a criminal offense to engage in sexual conduct with another when his or her ability to consent is “substantially impaired” because of a mental or physical condition. There is no mechanism for persons with intellectual and/or developmental disabilities to receive judicial notice of whether their ability to consent is “substantially impaired” prior to criminal adjudication, nor is there a way for them to affirmatively prove that they have the capacity to consent to sexual activity. Thus, under Ohio law, intellectually and/or developmentally disabled individuals may be functionally and irrevocably barred from engaging in sexual intimacy for …

The Road Map To Attaining Diversity In The Workplace: How Race-Conscious Admissions Programs In Education Can Lead The Way, Nancy L. Zisk

San Diego Law Review

This Article … considers the tension that exists between the goal of achieving diversity in United States’ classrooms and workplaces in light of the limitations placed on the consideration of a person’s race, color, gender, or ethnicity and the differences in the law that controls employment and education. Section II reviews the constitutional and federal guarantees of equal protection across all sectors of society, focusing specifically on education and the workplace. Section III examines the current standard for the permissible consideration of race in university admissions programs, which stands in stark contrast to the impermissible consideration of race in employment …

Snitch. Snake. Mole. Books.: Examining Responses To “Insider/ Outsider” Researchers In Corrections, Talisa J. Carter, Chelsea Thomson

Qualitative Criminology (QC)

Qualitative researchers face unique challenges when conducting original data collection within facilities of confinement. These challenges are shaped by a range of factors including the study’s research design, researcher identity, and organizational climate of the facility. Although the barriers of data collection in corrections are known, literature providing context, nuance, and recommendations for overcoming these obstacles is sparse, especially for qualitative fieldwork. This work addresses this gap by examining responses of correctional employees to observational research. During data collection, correctional staff called the primary author “snitch,” “snake,” “mole,” and “Books.” This paper investigates these labels and offers suggestions on how …

“Leave Your Pain Here”: An Illustration Of Therapeutic Jurisprudence Through The Remarks Of Judge Rosemarie Aquilla From The State Of Michigan V. Larry Nassar, Leah Kaylor, Terri L. Weaver, Katherine Kelton

Qualitative Criminology (QC)

Dr. Lawrence Nassar was the national medical coordinator of the United States of America Gymnastics (USAG), gymnastics team physician/assistant professor at Michigan State University, and the USAG artistic team physician who sexually abused many young women and children under the guise of medical treatments. In an unprecedented legal event, Judge Aquilina allowed anyone who had been impacted by Nassar’s abuse to participate in the pre-sentencing phase by reading a victim impact statement. Judge Aqualina listened to 156 impacted speakers and responded with personalized messages. This paper will examine Judge Aquilina’s responses to the victim impact statements through the lens of …

Using A Trauma-Informed Practice Framework To Examine How South Australian Judges Respond To Trauma In The Lives Of Aboriginal Defendants, Katherine J. Mclachlan

Qualitative Criminology (QC)

This article uses a trauma-informed practice framework to examine how South Australian superior court judges acknowledge defendant trauma when sentencing Aboriginal defendants. Trauma-informed sentencing requires that judges realise the presence of trauma, recognise its relevance, respond in a way that is informed by trauma and act to avoid re-traumatisation. By analysing sentencing remarks of 42 defendants identified as Aboriginal, the presence of trauma-informed practice was explored, in terms of judicial decision-making, the sentencing process and the sanction imposed. While not holistic summaries of judges’ reasoning, sentencing remarks are intended to enable the parties and the community to understand sentencing logic. …

White Supremacy And The Future Of Liberal Democracy: The Case Of The Nordic Resistance Movement, Ida Oesteraas

Qualitative Criminology (QC)

In 2015, the largest neo-Nazi organization in Scandinavia, The Nordic Resistance Movement (NRM) registered as a political party and entered electoral politics in Sweden. Utilizing qualitative content analysis, the current work explores changes in NRM’s rhetoric from before the party entered politics in 2010 and five years later in 2018. Focus centers on NRM’s ideology, what or whom they frame as their threat, and their suggested solutions for constructed problems. Results show fascist rhetoric in both time periods. An argument is made that there is no actual moderation in NRM’s politics by liberal democracy. Rather, far-right extremism is a threat …

Defense, Disrespect, And #Deadly: A Qualitative Exploration Of Precursors To Youth Violence Informed Through Hospital-Based Violence Prevention Program Follow Up, Katherine B. Snyder, Ashley Raposo-Hadley, Charity Evans, Ashley Farrens, Jennifer Burt, Gaylene Armstrong, Julie Garman, Lindsey Wylie, Mark Foxall

Qualitative Criminology (QC)

Success of youth violence intervention and prevention effects, particularly for gun violence, will be enhanced when efforts are appropriately informed by the antecedents and context of violence. Youth violence is guided by social and cultural norms that are shifting with the rise of technology. Bullying, gang violence, and self-directed violence is increasingly found to occur in the online space influencing peer groups across contexts. Through focus groups with youth at risk for violence and victimization, this study finds three themes emerge as common precursors to violence: defense of self or others, disrespect of self or family occurring in traditional community-based …

Policing By Proxy: Interrogating Big Tech's Role In Law Enforcement, Claire Elizabeth

University Honors Theses

Predictive policing, sometimes referred to as data-driven or actuarial policing, is a method of policing that uses a risk-based approach to law enforcement. For-profit technology companies market proprietary risk assessment algorithms to law enforcement organizations as tools meant to proactively mitigate crime. Using data collected from a vast array of sources, both personal and public, police are able to "predict" the likelihood of criminal activity in a given area using these algorithms. Proponents claim that risk assessment tools have the potential to fight crime with unbiased accuracy and speed by predicting when, where, and whom to police by relying on …

Facebook For Law Enforcement, Stephen Carlisle

Certified Public Manager® Applied Research

This article introduces what some law enforcement agencies have done to mitigate trust issues by utilizing social media as a form of community policing. There is a silent majority out there that support law enforcement. As a pioneer of using Facebook as a platform for community policing, taking criticism from my law enforcement peers was unavoidable. However, these same peers would turn to Facebook shortly after for personal and professional use. The key is to reach out and to educate the public to help gain trust in law enforcement, and using modern social media platforms to reach the masses only …

Incarcerated Men’S Perceptions Of The Prison Environment: An Exploratory Study, Melissa J. Stacer

Midwest Social Sciences Journal

The punitiveness of prisons is considered necessary for deterrence, but there is also a societal expectation that prisons will also rehabilitate. Scholars have examined whether prisons are ideal environments for rehabilitation from the perspective of the inmate, though this work largely focuses on measurement issues related to the scales used to measure offenders’ perceptions. The current research expands upon this by asking a sample of 154 incarcerated men from three different correctional facilities in the Midwestern United States what they think about their current correctional environment using the Prison Environment Scale (PES) and focusing on the answers provided by those …

Brief Of Amicus Curiae Edchoice Kentucky In Support Of Appellants, Philip D. Williamson, John A. Meiser

Court Briefs

No. 2021-SC-0522
McNeary v. Council for Better Education, Inc.

Appeal from Franklin County Circuit Court Hon. Phillip Shepherd Civil Action No. 21-CI-00461

From the Purpose of Brief & Introduction

For these reasons, Kentucky has given more families the opportunity to have their children attend the school—public or private—that best suits their needs. That opportunity should not be denied based on the erroneous decision of the court below or because of equally erroneous concerns that educational choice is somehow a reform to be feared.

Teaching Spanish Conversation Through The Uaps: A Pedagogy Of Jesuit Values And Mission, Richard D. Reitsma

Jesuit Higher Education: A Journal

This praxis piece explores the development of a Jesuit focused pedagogy within the context of a Spanish language conversation course. The author begins by defining the origins of the pedagogy employed in this course and how it came to be centered around the Universal Apostolic Preferences of the Society of Jesus (UAPs) which consist of the following goals: 1) Showing the way to God/goodness/hope through discernment; 2) Walking with the excluded, the poor, the outcasts of the world, those whose dignity has been violated, in a mission of reconciliation and justice; 3) Journeying with Youth, to accompany young people in …

The Role Of Adverse Childhood Experiences And Associated Features On Criminality In Emerging Adults, Jessica L. Harangozo

ETD Archive

Adverse Childhood Experiences (ACEs) are associated with a variety of negative outcomes, including criminal and violent behaviors (Milaniak & Widom, 2015). Prior research indicates that antisocial personality traits such as callousness may play a mediating effect on the relationship between ACEs and criminality (Baglivio et al., 2020). Further, the developmental period in which childhood maltreatment occurs may be related to greater criminality (Thornberry et al., 2010). This research project aims to examine how ACEs relate to criminality in emerging adults, with consideration of antisocial personality traits and the developmental period of experiencing childhood abuse. This study hypothesizes: (A) Both higher …

Correctional Education: A Pathway To Reducing Recidivism In Wisconsin?, Samuel George La Roi

Lawrence University Honors Projects

The United States has the highest number of incarcerated individuals per capita of any country in the world. Every single year, a large number of these individuals are released from prison and re-enter their communities. However, within three years,many of them will have recidivated and returned to prison. In Wisconsin, roughly 40% of all individuals released from prison will recidivate within three years. The financial burden of keeping such a high number of people incarcerated is monumental and rising. Identifying solutions to the problem of recidivism is critical to reducing the overall costs of incarceration for society. Correctional education programs …

State Regulation Of Chemical Abortion After Dobbs, Clarke D. Forsythe, Donna Harrison M.D.

Liberty University Law Review

No abstract provided.

Sexual Exploitation Of Children: Protection From More Than The Public, Caitlin Lindenhovius

Liberty University Law Review

No abstract provided.

Lying To Get A Court-Appointed Attorney Is Not An Obstruction Of Justice, Meredith L. Baker

Liberty University Law Review

No abstract provided.

Medical Marijuana And The Workplace Impact: Guidelines For Revising Employment Policies, Anthony Mcmullen, K. Michael Casey

Southern University College of Business E-Journal

With more states legalizing the use of medical marijuana, employers may have adjust their workplace policies to ensure that their employees are adequately protected while at the same time protecting the rights of those who have been prescribed marijuana. This is a challenge given the varying laws from state to state as well as the continued criminal prohibition on federal law. This articles reviews some of the early case law in this area and provides employers with some tips on how to address the issue of accommodating medical marijuana users.

Model Rule 8.4(D): Proposing A New Supporting Comment, Angelica C. Romero

Liberty University Law Review

No abstract provided.

Contributors, Journal Editors

Proceedings of the annual meeting of the Southern Anthropological Society

No abstract provided.

College Students’ Perceptions Of Sexual Violence Climate On Their Campus, Meghan Funk

College of Education Theses and Dissertations

Sexual violence continues to be an issue that impacts student safety on college campuses. Approximately a quarter of students directly face violence in higher education. In the last several decades, college professionals have implemented a variety of sexual violence prevention programming and policies. However, these efforts have not decreased the number of sexual violence acts on campuses. Although students continue to be subjected to environments where sexual violence occurs, their voices are missing from current sexual violence research. Using a phenomenological approach, this dissertation explores college students’ perceptions of sexual violence climate on their campus. In this study, interviews with …