Digital Commons Network^™

The Unblinking Eye Turns To Appellate Law: Cameras In Trial Courtrooms And Their Effect On Appellate Law, Mary E. Adkins

Journal of Technology Law & Policy

This Article will discuss the likely implications of complete, gavel-to-gavel audio and video trial court recordings on the appellate record; on standards of review including appellate review of evidentiary rulings and witness credibility; and on distinctions between appeals and collateral actions.

Minutes 2020-2021, Bowling Green State University. Administrative Staff Council

Administrative Staff Council

The records of the Administrative Staff Council (UA-022) are available in print in the Center for Archival Collections.

Entities: A Field Of Imaginary Games, Thrasyvoulos Ioannis Kalaitzidis

LSU Master's Theses

With this body of work, I am looking for visual symbols that help communicate unuttered meanings through storytelling and stimulate an affectual response to the viewer. This exploration is presented in two different forms: a surreal sculptural installation and a board game. The installation consists of large-scale sculptures made from light and soft materials (polyurethane foam, plastic waste, paper) that are available to move inside the gallery, while the board game is presented as a set of 3D prints with instructions on how the participants can play it. The materials used in the installation suggest a way to transform waste …

False Positives And Secure Flight Using Dataveillance When Viewed Through The Ever Increasing Likelihood Of Identity Theft, Stephen W. Dummer

Journal of Technology Law & Policy

No abstract provided.

Jailhouse Informants: A Lesson In E-Snitching, Valerie Alter

Journal of Technology Law & Policy

Informants have been falsifying confessions in the United States since at least 1819. That year, Vermont authorities could not solve an alleged homicide since the victim was missing, and brought in a known perjurer for help. The perjurer elicited a “confession” from a suspect, who received the death penalty. Days before the hanging was to take to place, the supposed murder victim returned to town, alive. Today, jailhouse informants, many of whom are pathological liars, who tell prosecutors about suspects’ alleged confessions, will receive leniency or other perks. Problems stemming from this prompted a grand jury investigation in Los Angeles …

World War I And The Armenian Genocide: Laying The Groundwork For Crimes Against Humanity, Julia Koch

Pace International Law Review

For all of its advancements in international law, including delivering justice to the war criminals of the Second World War, the International Military Tribunal in Nuremberg has long been tainted with accusations of victors’ justice and criticized for violating the principle of nullem crimen sine lege. Such is the case for crimes against humanity, a crime that did not exist in positive international law until the 1945-46 legal proceedings in Nuremberg. But the historiography of the First World War—an era where punishment for war crimes is generally viewed as a wholesale failure—provides an additional, indeed novel, basis for understanding …

A Pandemic Of Separation Of Powers Violations In Texas: The Interrelationship Of The Texas Disaster Act And Texas Gov’T Code Section 22.0035, Ron Beal

St. Mary's Law Journal

This Article is on the interrelationship of the Texas Disaster Act and Texas Government Code Section 22.0035. The author demonstrates that the Governor of Texas and the Texas Supreme Court have grossly violated the separation of powers on a continuing basis since March 29, 2020 by Governor Abbott issuing Executive Order 13, which prohibits the granting of bail to anyone awaiting trial, and the Texas Supreme Court’s unwillingness to invalidate that order administratively or judicially. Finally, the Article addresses the nearly one thousand district and county court judges who are constantly violating the separations of powers by failing to invalidate …

2022 Commencement Program (Classes Of 2020, 2021, And 2022), New York Law School

Commencement Programs

No abstract provided.

Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate

St. Mary's Law Journal

Abstract forthcoming.

Gender Equity Commission Priorities: An Archival Study And Prospects For The Future, Maria D' Agostino, Nicole M. Elias

Publications and Research

This research explores the priorities of the gender equity commission in New York City over forty-five years. Archival commission data was organized thematically to understand the history of gender equity and suggest future possibilities for gender equity beyond New York City. In our historical analysis, we see an expansion of the definition of gender and an adoption of an intersectional approach to gender. We identify four historical gender priorities: sexual harassment and violence, pay equity and economic advancement, health and safety, and gender recognition and celebration. To address systemic issues of gender inequity, we recommend local level administrators embed an …

The Phenomenon Of Insecure Software In A Security-Focused World, Reid Skibell

Journal of Technology Law & Policy

No abstract provided.

The Privacy Privilege: Law Enforcement, Technology, And The Constitution, Susan W. Brenner

Journal of Technology Law & Policy

The movement of human activity into cyberspace must inevitably affect the law governing individual rights. Cyberspace creates new potentials for good and evil, for creative expression and criminal exploitation. This duality generates tension between our desire to encourage the freedom and autonomy that have thus far been the defining characteristics of cyberspace and our obligation to ensure that it is not used for unlawful purposes. Courts, legislators, and society as a whole must decide how to balance this need for effective law enforcement against out historical respect for individual rights and liberties. This article considers how that balance should be …

The Scope Of Government Access To Copies Of Electronic Communications Stored With Internet Service Providers: A Review Of Legal Standards, Paul Taylor

Journal of Technology Law & Policy

The development of the Internet as a networked global communications medium involving many companies along a single transmission route, the expansion of in the range of transactions that occur “on-line,” and the increasing amount of information now stored with third party “Internet service providers” (ISPs) have produced a qualitative change in nature of communication, and accordingly, in the nature and amount of information that may be exposed to interception by the government. At the same time, modern electronic communications services that transmit e-mail, and the wide variety of attachments that may accompany them, are increasingly replacing the U.S. Postal Service …

Unveiling The Mask Of Post-Race Legitimacy: Preserving White Supremacy Through The Use Of Colorblind Racism In Policy Preference, Vanessa Gonzalez

Senior Theses

Recent literature has brought attention to an avoidance of race-talk among Whites that not only attributes social inequalities to non-racial factors, but challenges the existence of racism at all, and reinforces the power of white supremacy in a way that is hard to detect. The paradigm shift from Jim Crow to colorblind racism simply demonstrates a practice of oppression that has been redefined and reshaped, but the foundation of our society that has been built on white supremacy and racial inequality has yet to change. In order to preserve this foundation, colorblind ideology has been used to implement coded language …

Foreword: The Role Of The “Victim” In The Criminal Legal System, Kate Mogulescu

Brooklyn Law Review

On September 24, 2021, the Brooklyn Law Review brought together scholars looking at the role of the “victim” in the criminal legal system. Of consideration were the following questions: Who is labeled a victim and how does that impact outcomes and process? Where does the issue of victimization emerge, how is it received and what should the system’s response be? Who gets a voice? And when? Does the existing victim-offender binary further exacerbate a criminal legal system build on misogyny, xenophobia, and white supremacy? The series of articles and essays that make up this issue reflect the symposium’s multidimensional discussion …

Protecting The Constitution While Protecting Victims: Challenges To Pro Se Cross-Examination, Katharine L. Manning

Brooklyn Law Review

Defendants have constitutional rights to cross-examine witnesses and to represent themselves. But when these rights are combined, they can have devastating effects on crime victims. All too often, defendants use the rights in a last-ditch effort to harass, bully, and intimidate the crime’s victims, sometimes leading to a dismissal of charges altogether, as victims withdraw their testimony to avoid personal cross-examination by the defendant. It does not have to be this way. Numerous courts have allowed standby counsel to conduct cross-examination of the victim within constitutional constraints. This article explores the limitations courts have imposed on pro se cross-examination to …

Defense Counsel’S Cross Purposes: Prior Conviction Impeachment Of Prosecution Witnesses, Anna Roberts

Brooklyn Law Review

A broad scholarly coalition supports the prohibition or diminution of the impeachment of criminal defendants with their convictions. Yet scholars should pay more attention to the flipside arrangement: impeachment of prosecution witnesses by defense counsel. First, because those engaged in reform efforts need to resolve the competing interests: constitutional arguments on behalf of the defense, but, on the other hand, concerns about a tool that (regardless of the nature of the witness) risks reinforcing biases and stereotypes. Second, because the impossibility of adequate resolution is itself important to note. Whether one considers the conflicting values of rule-makers deciding whether to …

Should Victims’ Views Influence Prosecutors’ Decisions?, Bruce A. Green, Brandon P. Ruben

Brooklyn Law Review

This article seeks to promote a conversation about how prosecutors, particularly in misdemeanor cases with identifiable victims, should take account of what victims want, including what they regard as the just result. The criminal law assumes that victims want retribution, which means incarcerating offenders, and prosecutors’ offices largely accept that premise. We argue that in a process that generally is weighted toward punishment and excessive use of state power, prosecutors should ascertain victims’ actual views and take them into account as a counterweight. That is, when prosecutors would otherwise pursue a misdemeanor prosecution, they should generally defer to victims’ informed …

The Victim/Offender Overlap And Criminal System Reform, Cynthia Godsoe

Brooklyn Law Review

Victimization makes people more likely to harm others, and vice versa. In short, “hurt people hurt people.” This victim/offender overlap is especially pronounced in sexual and violent offenses. Unfortunately, the criminal law continues to imagine victims and offenders in two different and mutually exclusive categories, each rigidly defined and morally laden. I first encountered this phenomenon while representing teenagers termed “crossover youth” due to their being both in the foster care system and the juvenile criminal system, and was surprised to find so little on this topic in the criminal law literature. Beginning to fill this gap is an important …

Blame The Victim: How Mistreatment By The State Is Used To Legitimize Police Violence, Tamara Rice Lave

Brooklyn Law Review

The surprising thing about George Floyd is not that he was killed by the police. What is remarkable is that the officer who killed him was charged, convicted, and sentenced to more than twenty-two years in prison. This article examines the institutional mechanisms that support police violence against Black people. In the process, it illuminates the insidious ways in which state actors exploit structural social, economic, and health mistreatment to legitimize police violence. After exploring these issues, this article provides suggestions to reform our institutions in a manner that will bring about meaningful and lasting change.

Rotten Social Background And Mass Incarceration: Who Is A Victim?, Steven Zeidman

Brooklyn Law Review

Despite the theoretical right to be heard at different junctures in the criminal legal system, in practice, the right is unsecured for many accused and convicted of various offenses. Criminal defendants are rarely heard at trial, upon sentencing, or at parole board interviews to determine eligibility for release. Consequently, these individuals are not able to offer explanations for their behavior. This is particularly harmful given the role that “severe environmental deprivation” or, sometimes controversially referred to as “rotten social background,” plays in criminal behavior. Research now indicates that societal shortcomings, including a lack of healthcare, education, and employment opportunities, combined …

A Dynamic Capabilities Approach To Ceo Involvement In Performance Funding Policy Development, Zachary Evans Perrine

Theses and Dissertations

Performance funding has become a popular policy structure for public higher education institutions across the United States. The implications on budget and student success are considerable. This study examines performance funding through the perspective of chief executive officers (CEOs) at public community colleges in a southern state. Utilizing the theoretical lens of dynamic capabilities and political management strategies, this study investigates the involvement CEOs have within the policy development process.

Chiral Analysis Of Methamphetamine In Hair Samples, Kristen Payes

Student Theses

Methamphetamine (MAMP) is a highly addictive illicit drug typically abused for its nervous system stimulating effects. Conversely, methamphetamine has therapeutic use treating attention deficit hyperactivity disorder, controlling appetite and assisting with weight loss, and is available as the pure l-isomer in over-the-counter (OTC) nasal inhalers due to its decongestant activity. Because l-methamphetamine (l-MAMP) is available in OTC form, forensic guidelines require a sample to contain greater than 20% d-methamphetamine (d-MAMP) when classifying results as consistent with illicit MAMP use. Chiral chromatographic analysis is capable of distinguishing between l-MAMP and d-MAMP. This …

Giving Meaning To The Apostrophe In Victim[’]S Rights, Margaret Garvin

Brooklyn Law Review

There is a lack of consistency in how courts interpret the use or placement of an apostrophe on “victim.” While this may seem like a minor grammatical or typological error, it has a tremendous effect on victim’s rights, as it virtually erases the victim due to the confusion over the ownership of said rights. This essay analyzes how the placement of the apostrophe, in cases dealing with subpoenas duces tecum, have led courts to interpret victim rights in multiple ways, but all with the same outcome—excluding the actual victim from consideration. This causes the actual victims, even when the court …

What Are Victim Impact Statements For?, Susan A. Bandes

Brooklyn Law Review

In Payne v. Tennessee, the US Supreme Court upheld the admission of victim impact statements (VIS) on the ground that they provide valuable information to the sentencer. In the three decades since, two additional rationales for VIS have become ascendant: most prominently, a therapeutic rationale, and more recently, a public education rationale. In this article, I expand upon my critiques of the informational and therapeutic rationales in light of a growing body of empirical evidence about how VIS affect both sentencers and crime victims. Focusing on the powerful and viral VIS delivered at the Larry Nassar guilty plea hearings and …

Parole, Victim Impact Evidence, And Race, Alexis Karteron

Brooklyn Law Review

Parole offers the possibility of release for a substantial number of incarcerated people in the United States, the world’s largest jailer, but is seriously understudied. In particular, the role of victims and race in the parole decision-making process deserves attention. Decades of research has shown that the “race-of-victim effect” leads to more punitive sentences when white victimhood is at issue. In the parole context, the ubiquity of victim impact statements and the emotional responses they trigger raise the likelihood that the “race-of-victim effect” plagues parole decision-making as well. This essay calls for greater data collection and scrutiny into the role …

Double Classification Of Non-Consensual State Interventions: Magic Protection Or Pandora’S Box?, Pauline Lesaffre

International Law Studies

The classification under international humanitarian law of certain cross-border armed conflicts against an organized armed group remains controversial. More specifically, cross-border armed conflicts resulting from a non-consensual State intervention, such as the United States’ intervention in Syria (without Syrian consent) against the Islamic State, still divide legal scholarship regarding their appropriate classification. One theory argues for a single classification of non-international armed conflict between the intervening State and the organized armed group; another theory relies on a double classification of non-consensual State interventions, adding to the non-international armed conflict an international armed conflict between the intervening State and the territorial …

Contextualizing The Impact Of Faculty-Led Short-Term Study Abroad On Students’ Global Competence: Characteristics Of Effective Programs, Colleen Fisher, Laurel Iverson Hitchcock, Ashley Neyer, Stacy C. Moak, Sarah Moore, Scott Marsalis

Journal of Global Awareness

Short-term faculty-led study abroad programs are high-impact pedagogical practices designed to enhance students' global competency. However, there is a gap in our understanding regarding the specific educational components of short-term faculty-led study abroad programs that promote global competency. This systematic review examined nearly two decades of research on such programs (n=86) to assess the educational components associated with increases in students' global competencies using Steinberg's (2017) educational components as a framework. Results indicated that the educational components included in global competency-building education abroad courses varied substantially across programs and global regions. The components most strongly supporting enhanced global competency were …

Front Matter - 2021, Josh Ruppel

University of South Carolina Upstate Student Research Journal

Full paper includes:

• Table of Contents
• The Editorial Board
• Grant Writing: Recent Big Winners!
• Student Spotlights

Do Body-Worn Cameras Reduce Disparities In Police Behavior In Minority Communities? Evidence Of Nuanced Influences Across Black And Hispanic Neighborhoods, Jessica Huff

Criminology and Criminal Justice Faculty Publications

Research Summary

The adoption of body-worn cameras (BWCs) is often promoted in response to contentious police use of force incidents involving minority civilians. BWCs are expected to improve policing outcomes by enhancing accountability, although researchers have yet to determine whether BWCs can reduce racial/ethnic disparities. I examine whether BWCs mitigate the influence of neighborhood racial/ethnic context on arrests and use of force using cross-classified logistic regression models to examine the outcomes of 900,000+ police–civilian contacts in Phoenix. Arrests were significantly more likely to occur in Hispanic and Black neighborhoods before and after BWC deployment, even accounting for situational, officer, and …