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Revisiting Domestic Intelligence, John P. Sullivan, Genevieve Lester

Journal of Strategic Security

This article looks at the evolution of US domestic intelligence prior to and since 9/11 in light of the Capitol attacks. It also reviews the literature and practice of intelligence reform in the context of foreign comparative experience (France, UK, Canada, Australia). It looks at the promise of fusion centers, cocontemporay domestic intelligence models, and the continuing need for domestic intelligence reform.

Additional Keywords: Domestic Intelligence, Intelligence Reform, Intelligence Fusion

Fundamental First Amendment Principles, David L. Hudson Jr.

Law Faculty Scholarship

In Fundamental First Amendment Principles, published in the Northern Illinois University Law Review, David L. Hudson Jr. and Jacob David Glenn distill the complexity of modern free-speech jurisprudence into ten foundational principles that structure First Amendment analysis. The Article emphasizes that the core of the First Amendment lies in protecting criticism of government and prohibiting viewpoint discrimination, while also safeguarding symbolic expression, offensive and unpopular speech, and the right not to speak. At the same time, the authors underscore that not all speech is protected, identifying historically recognized categorical exceptions such as incitement, true threats, obscenity, and defamation. The …

International White-Collar Crime And The Globalization Of Internal Investigations Ten Years Later, Lucian E. Dervan

Law Faculty Scholarship

In International White-Collar Crime and the Globalization of Internal Investigations Ten Years Later, Lucian E. Dervan revisits and reassesses the framework first articulated in his 2011 article examining the risks and structural challenges of cross-border internal corporate investigations

2StetsonBusLRev120 . The article evaluates how four core areas—selection of investigative counsel, cross-border data collection and transfer, employee interactions in varied labor law environments, and disclosure and settlement strategies—have evolved over the past decade in response to intensified global enforcement cooperation, expanding data privacy regimes, and shifting geopolitical dynamics. Dervan demonstrates that while practitioners have grown more sophisticated in navigating privilege …

The Aftereffects Of Corporal Punishment On Adults: Association Of Childhood Spanking With Adult Stress Levels, Marie Sanyang

Senior Theses

Spanking has been an acceptable form of punishment for centuries. Previously thought as effective, studies have now shown the detriments of spanking, including increased aggression, drug abuse, and stress levels. This exploratory study sought to observe the stress levels of adults who experienced childhood spankings. It was hypothesized that those who experienced frequent spankings would report increased anxiety, reduced socialization, and decreased emotional regulation in times of stress. It was also hypothesized that those who reported being spanked would report lower emotional and physical health regulation and higher mental health diagnosis. Fifty-four participants were composed of undergraduate and graduate students …

Arcadia Magazine, 2022-04-07

Alumni Magazine

No abstract provided.

Redbird Impact, Vol. 5, No. 1 (Spring 2022), Center For Civic Engagement

Redbird Impact

No abstract provided.

Redbird Scholar, Vol. 7, No. 2 (Spring 2022), Illinois State University, Office Of The Vice President For Research And Graduate Studies

Redbird Scholar

No abstract provided.

Inside The Black Box Of Prosecutor Discretion, Shima Baradaran Baughman, Megan S. Wright, Christopher T. Robertson

Faculty Scholarship

In their charging and bargaining decisions, prosecutors have unparalleled and nearly-unchecked discretion that leads to incarceration or freedom for millions of Americans each year. More than courts, legislators, or any other justice system player, in the aggregate prosecutors’ choices are the key drivers of outcomes, whether the rates of mass incarceration or the degree of racial disparities in justice. To date, there is precious little empirical research on how prosecutors exercise their breathtaking discretion. We do not know whether they consistently charge like cases alike or whether crime is in the eye of the beholder. We do not know what …

Progressive Prosecutors Are Not Trying To Dismantle The Master’S House, And The Master Wouldn’T Let Them Anyway, Paul Butler

Fordham Law Review

The first thing to note about Audre Lorde’s famous phrase “the master’s tools will never dismantle the master’s house” is that it cannot literally be true. If tools can dismantle the master’s house, the master’s own tools would be good as anyone’s. The main problem would not be that the tools don’t work, but rather how to get them to the people who most need the master’s house dismantled—the enslaved ones. But the considerable work that the phrase does in social justice movements and critical theory is figurative rather than literal. It is usually intended as a rebuke of liberal …

No Justice, No Pleas: Subverting Mass Incarceration Through Defendant Collective Action, Andrew Manuel Crespo

Fordham Law Review

The American penal system is a system of massive, racially unjust incarceration. It is also, to quote the U.S. Supreme Court, a “system of pleas.” The latter drives the former, as coercive plea bargaining makes it possible for the state to do two things that are otherwise hard to pull off at once: increase convictions and sentence lengths. Mass incarceration is a predictable result. But while plea bargaining is intensely coercive when leveraged against individuals, the system of pleas has a structural weak point. That Achilles’ heel is exposed once we see people facing prosecution not as isolated individuals but …

Racial Allies, Atinuke O. Adediran

Fordham Law Review

Racial allies are white individuals and institutions that actively work to dismantle systems of racial inequality and the consequences of poverty that disproportionately impact communities of color and that are willing to both confer and share power with members of subjugated groups. There is no other sector of the legal profession that professes to be racial allies more than individuals and institutions within the public interest law sector. Yet, these institutions that address structural racism and disproportionately serve communities of color appear not to share power with racial and ethnic minorities. The public interest law sector has been at the …

Deterring Illegal Firearms In The Community: Special Needs, Special Problems, And Special Limitations, Geoffrey S. Corn

Cardozo Law Review

Gun violence is no longer just a crime-control problem in the United States; it is a public health crisis. This crisis is most acute in densely populated and economically challenged communities. The threat of becoming the intended or innocent victim of gun violence in these communities has become so pervasive that it only seems to make the headlines when the numbers are truly shocking to the general public. Sadly, these numbers have become the norm for the residents of these communities. Government bears a responsibility to leverage every lawful measure to mitigate this safety hazard, no differently than it does …

Bans With No Bite: Why Racial Profiling Bans Are Unable To Create Racial Justice In Policing, Rebecca Yin

Cardozo Law Review

No abstract provided.

State: The Magazine Of Illinois State University, Spring 2022, Illinois State University, University Marketing And Communications

State: The Magazine of Illinois State University (1999-present)

Illinois State University alumni magazine

The Ghost Of John Hart Ely, Ryan D. Doerfler, Samuel Moyn

Vanderbilt Law Review

The ghost of John Hart Ely haunts the American liberal constitutional imagination. Despite the failure long ago of any progressive constitutional vision in an increasingly conservative Supreme Court, Ely’s conjectures about the superiority of judges relative to legislatures in the protection of minorities and the policing of the democratic process remain second nature. Indeed, they have been credible enough among liberals to underwrite an anxious or even hostile attitude toward judicial reform. In order to exorcise Ely’s ghost and lay it to rest, this Article challenges his twin conjectures. First, the Article argues that there is little historical and no …

The Informed Jury, Daniel Epps, William Ortman

Vanderbilt Law Review

The right to a criminal jury trial is a constitutional disappointment. Cases almost never make it to a jury because of plea bargaining. In the few cases that do, the jury is relegated to a narrow factfinding role that denies it normative voice or the ability to serve as a meaningful check on excessive punishment.

One simple change could situate the jury where it belongs, at the center of the criminal process. The most important thing juries do in criminal cases is authorize state punishment. But today, when a jury returns a guilty verdict, it authorizes punishment without any idea …

Louis Henkin Memorial Lecture University Of Miami Law School, Juan Mendez

Scholarly Articles in Law Reviews & Journals

I am deeply honored to be invited to deliver this year's version of a lecture series honoring Professor Louis Henkin whose contributions to the development of international law-and very specifically to international human rights law - are and very long will continue to be remembered. I am also a bit overwhelmed as I notice that the organizers have put me in the company of wonderful colleagues and masters of this field, several of them my friends and persons whose work I admire. It is also especially gratifying for me to have the occasion of renewing contact with the Henkin family …

Quest: Spring 2022, Lynn University

Quest Literary & Arts Journal

Quest: Lynn University Literary & Arts Journal

"Insanity Is Smashing Up Against My Soul": The Fifth Circuit And Competency To Be Executed Cases After Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon

Articles & Chapters

One of the open secrets of death penalty law and policy is the astonishingly high percentage of individuals on death row with serious mental disabilities. This is well known to lawyers who represent this cohort (and presumably, equally well known to the district attorneys who nevertheless prosecute them and the judges who try and sentence them), but is not generally discussed in the press nor, certainly, in political discourse. In the aggregate, this is far beneath society’s radar.

It is now over 14 years since the US Supreme Court decided a case that clarified the underlying issues. In Panetti v. …

Prosecutorial Nonenforcement And Residual Criminalization, Justin Murray

Articles & Chapters

In recent years a small but influential group of locally elected prosecutors committed to criminal justice reform have openly refused to enforce various criminal laws—laws prohibiting marijuana possession, sentence enhancements, laws authorizing the death penalty, and much more—because they see those laws as unjust and incompatible with core reform objectives. Condemned by many on the political right for allegedly usurping the legislature’s lawmaking role and praised by many on the left for bypassing dysfunctional state legislatures in favor of local solutions, these prosecutorial nonenforcement policies are commonly said to have the same effect as nullifying, or even repealing, the laws …

How Do Individuals Justify And Rationalize Their Criminal Behaviors In Online Romance Fraud?, Martin Offei, Francis Andoh-Baidoo, Emmanuel Wusuhon Yanibo Ayaburi, David Asamoah

Information Systems Faculty Publications

Online romance fraud (ORF) is a growing concern with such serious negative consequences as financial loss or suicide to the victim. Majority of empirical studies on online romance fraud using attachment, deception, protection motivation and relation theories focus on the victim. While neutralization offers insights into how individuals justify their deviant behaviors, the results have not been consistent in different contexts. In the ORF context, offenders may not only rely on justifying techniques but also rationalize their actions by denying risk both to the victim and the offender. Thus, drawing from the neutralization and denial of risk theories, we develop …

A Phenomenological Study Of The Student Engagement Experiences Of African Americans Formerly Attending Urban Public High Schools, Sohn A. Butts

Doctoral Dissertations and Projects

The purpose of this hermeneutic phenomenological study was to interpret the student engagement experiences of African Americans formerly attending urban public high schools in a major city in the Mid-Atlantic region of the United States. Self-determination theory, established by Ryan and Deci (1985), is the theoretical framework for this study, and was used to understand motivation in terms of basic psychological needs satisfaction and fulfillment, and how those motivations influence human behavior. The central research question was: What were the student engagement experiences of African Americans formerly attending urban public high schools? The three research sub-questions were: (1) what instructional …

The Significance Of Trauma In The Relationship Between Co-Occurring Disorders And Recidivism Among Participants Of A Community Mental Health's Jail Diversion Program, Emily A. Schott

Doctoral Dissertations and Projects

Abstract Individuals with a psychiatric diagnosis have higher levels of criminal justice involvement compared to the general population. Multiple programs have been developed through grant monies utilizing various models to allow these individuals to be linked to mental health services in the community for the treatment of symptoms which may contribute to recidivism. These programs are designed to provide an encounter with mental health professionals who collaborate with law enforcement and other agencies to intercept these individuals at various points of justice involvement and possibly prevent further entanglements with the legal system. This study explores how trauma may impact justice …

Neighbors At Risk, Jeffrey A. Butts, Gina Moreno, Richard A. Espinobarros

Publications and Research

Most New York City neighborhoods did not experience high rates of shootings in recent years, but others clearly did. Comparing crime rates across these relatively small geographic areas is important for officials considering where to invest in resources that support public safety and community wellbeing.

The Contemporary American Juvenile Justice System: Revisiting Parens Patriae, Katarzyna Celinska, Amina Cheboubi

Publications and Research

The American juvenile justice system has undergone significant transformations since its inception in the late 19th century. In this paper, the authors seek to analyze the historical context of and subsequent reforms to the juvenile system and process in order to determine whether they remain true to their origins of the legal doctrine of parens patriae. Specifically, the authors contrast rehabilitative notions of parens patriae with the “tough on crime” perspective that developed in the 1990s in response to rising crime rates. This debate is illustrated by landmark Supreme Court cases, waivers to the adult system, increases in the use …

Valuing The Vulnerable: A Proposed Approach To Cyclical Competency, Kirsten Pryde

Missouri Law Review

The competency evaluation system in the United States is in crisis. The criminal justice system has long recognized that a criminal defendant has a right to a fair trial, and being competent to stand trial is a necessary component of that right. Mental illness is increasingly prevalent in our inmate population, and while mental illness and incompetence are not synonymous, the two are often correlated. Unsurprisingly then, competency evaluation requests have skyrocketed in recent years. But importantly, competency is not static. Cycles of compensation and decompensation may require a defendant to go through the competency evaluation system multiple times before …

Llegaron Los Federales: The Federal Government’S Prosecution Of Local Criminal Activity In Puerto Rico, Emmanuel Hiram Arnaud

Faculty Scholarship

In the midst of a debilitating humanitarian crisis in Puerto Rico and high-profile litigation concerning other U.S. territories, scholars, political leaders, and activists have elevated conversations of constitutionally sanctioned inequality into the public spotlight. With respect to Puerto Rico, these conversations focus on its current economic morass and relation to the debate over decolonization. Absent from these important discussions is the role that federal criminal law plays in manifesting Congress’ continued plenary power over U.S. territories. This Article breaks from that pattern and highlights an ignored part of federal criminal jurisprudence: the federal prosecution of local criminal activity in Puerto …

Bargaining For Abolition, Zohra Ahmed

Faculty Scholarship

What if instead of seeing criminal court as an institution driven by the operation of rules, we saw it as a workplace where people labor to criminalize those with the misfortune to be prosecuted? Early observers of twentieth century urban criminal courts likened them to factories.¹ Since then, commentators often deploy the pejorative epithet “assembly line justice” to describe criminal court’s processes.² The term conveys the criticism of a mechanical system delivering a form of justice that is impersonal and fallible. Perhaps unintentionally, the epithet reveals another truth: criminal court is also a workplace, and it takes labor …

The Right To Counsel In A Neoliberal Age, Zohra Ahmed

Faculty Scholarship

Legal scholarship tends to obscure how changes in criminal process relate to broader changes in the political and economic terrain. This Article offers a modest corrective to this tendency. By studying the U.S. Supreme Court’s right to counsel jurisprudence, as it has developed since the mid-70s, I show the pervasive impact of the concurrent rise of neoliberalism on relationships between defendants and their attorneys. Since 1975, the Court has emphasized two concerns in its rulings regarding the right to counsel: choice and autonomy. These, of course, are nominally good things for defendants to have. But by paying close attention to …