Digital Commons Network^™

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

On A Scale From 1 To 1557, How Much Justice Is Too Much Justice For Healthcare Entities Evading Disparate Impact Accountability?, Vanessa Giunta

Hofstra Labor & Employment Law Journal

No abstract provided.

The Perfect Storm: Substance Abuse, Mental Illness, And Rural America, Bailey D. Barnes

The University of New Hampshire Law Review

No abstract provided.

Moral Panic And The War On Drugs, Phil Lord

The University of New Hampshire Law Review

No abstract provided.

Child Success And Parental Marital Status: The Impact Of Mental Health, Poverty, And Trauma, Cambria Ort

University Honors Theses

Children are brought into this world under many different circumstances and to many different families. Some are planned, some are not; all come from families with a range of income, relationship status, and experiences. Throughout a child's life, there can be many changes in the family unit that impact the ways parents are available to care for their children. This includes divorce/separation, incarceration, co-parenting, married life, etc., relationship statuses may change over time. Different life stressors impact the financial wellbeing of a family and parents’ ability to spend time with their children. This study used secondary data analysis of the …

Deporting Jane Doe: When Immigrant Crime Victims Fall Through The Cracks Of The Law Designed To Protect Them, Ericka Curran

School of Law Faculty Publications

No abstract provided.

Contractual Inequality, Manisha Padi

Michigan Law Review

Most individuals strive to satisfy every obligation laid out in standard form contracts such as mortgages, insurance plans, or credit agreements. Sophisticated parties, however, adapt and modify their obligations during contract performance by negotiating for lenient treatment and taking advantage of unclear terms. The common law explicitly authorizes variance from standardized contract terms during performance. When the same standard terms create value for sophisticated individuals and destroy value for others, the result is contractual inequality. Contractual inequality has grown without scrutiny by courts or scholars, enabling regressive redistribution of resources and creating economic inefficiency by sowing distrust in markets for …

Tennessee Felon Population Update, March 2022, Tennessee. Department Of Correction.

Felon Population Reports

No abstract provided.

Trafficking Without Borders: Why It Is Time For The Law To Properly Address Cybersex Trafficking In The Livestreaming Context, Jesse Raines

Catholic University Law Review

This Comment assesses the impact, and growing prevalence, of cybersex trafficking: A relatively novel form of human trafficking conducted via livestream over the internet. In particular, this Comment focuses on the differences between the statutes that criminalize sex trafficking and child pornography and how these statutes operate both domestically and internationally. This Comment argues that the Trafficking Victims Protection Act of 2000 should be amended in order for the modern crime of cybersex trafficking to fall under the statute’s ambit and to aid in prosecution efforts.

School Breakfast And Student Behavior, Andres Cuadros-Menaca, Michael R. Thomsen, Rodolfo M. Nayga Jr.

Agricultural Economics and Agribusiness Faculty Publications and Presentations

The School Breakfast Program (SBP) is one of the largest nutrition assistance programs serving school-aged children in the US. It provides reimbursement to states for the operation of breakfast programs in schools. Student participation in the SBP is, however, much lower than the National School Lunch Program (NSLP). Because missing breakfast could result in hunger that could then influence children's interpersonal relations and classroom behavior (i.e., disciplinary infractions), some schools have implemented breakfast after the bell (BAB), which encompasses alternative breakfast delivery methods that make breakfast available to children after the school day commences. We use a difference-in-differences design with …

No Justice, No Peace: An Examination Of The Conditions Of The George Floyd Protests To Determine How To Facilitate Successful State Legislative Outcomes, Emily R. Funk

Undergraduate Theses, Capstones, and Recitals

This thesis examines the relationship between the conditions of the George Floyd protests from May to August of 2020 to the impact they had state on policing reforms within state legislatures. I examine protests in all 50 states and the District of Columbia, looking at those protests’ size, media coverage, and violence and compare that to the degree of policy change achieved within each state. I find that, contrary to expectations, protest size was not associated with policy change, but that the party control of the state government was a strong predictor of how states responded to protests. Within some …

Using Burdens Of Proof To Allocate The Risk Of Error When Assessing Developmental Maturity Of Youthful Offenders, David L. Faigman, Kelsey Geiser

William & Mary Law Review

Behavioral and neuroscientific research provides a relatively clear window into the timing of developmental maturity from adolescence to early adulthood. We know with considerable confidence that, on average, sixteen-year-olds are less developmentally mature than nineteen-year-olds, who are less developmentally mature than twenty-three-year-olds, who are less developmentally mature than twenty-six-year-olds. However, in the context of a given case, the question presented might be whether a particular seventeen-year-old defendant convicted of murder is “developmentally mature enough” that a sentence of life without parole can be constitutionally imposed on him or her. While developmental maturity can be accurately measured in group data, it …

Neuroscience And Criminal Justice: Time For A "Copernican Revolution"?, John S. Callender

William & Mary Law Review

The main purpose of this Article is to argue for a fundamental change in the conceptual orientation of criminal justice: from one based on concepts such as free will, desert, and moral responsibility, to one based on empirical science. The Article describes research in behavioral genetics, acquired brain injuries, and psychological traumatization in relation to criminality. This research has reached a level of development at which the traditional approach to criminality is no longer tenable and should be discarded. I argue that mental health legislation provides a model that could be adapted and applied to offenders.

Neuroscience, Criminal Sentencing, And Human Rights, Elizabeth Shaw

William & Mary Law Review

This Article discusses ways in which neuroscience should inform criminal sentencing in the future. Specifically, it compares the ethical permissibility of traditional forms of punishment, such as incarceration, on the one hand, and rehabilitative “neurointerventions” on the other. Rehabilitative neurointerventions are interventions that aim directly to modify brain activity in order to reduce reoffending. Various jurisdictions are already using techniques that could be classed as neurointerventions, and research suggests that, potentially, an even wider range of rehabilitative neurointerventions may be developed. This Article examines the role of human rights (in particular, the moral right to mental integrity and the legal …

Fear, Insanity, And Loathing In Nevada, Alexandra Mateo

Nevada Law Journal

No abstract provided.

The Future Of Law And Neuroscience, Owen D. Jones

Vanderbilt Law School Faculty Publications

I was asked to speculate about where the field of Law and Neuroscience may be ten years from now. In that spirit (and while recognizing that the future rarely complies with our predictions) I attempt here some extrapolations. I first consider potential advances in the technologies for monitoring and manipulating brain states, the techniques for analyzing brain data, and the efforts to further integrate relevant fields. I then consider potential neurolaw developments relevant to: (1) detecting things law cares about; (2) individualizing developmental states and brain states; (3) evidence-based legal reforms; (4) legal decision-making; and (5) brain-brain interfaces.

Criminogenic Risk Factors And Mental Illness: An Examination Of The 2010 Kelly Elementary School Shooter, Brendan Liam O'Rourke, Gordon A. Crews

Criminal Justice Faculty Publications

The purpose of this presentation is to examine school violence perpetrator Mr. Brendan Liam O'Rourke and his involvement in the Kelly Elementary School playground shooting in Carlsbad, California, on October 8, 2010.

Most people suffering from mental illness are not violent, unless they are abusing substances or their mental illness is untreated (i.e., never diagnosed or not taking their medication because they do not think they need them, thus anosognosia).

This mentally ill offender, suffering from paranoid schizophrenia, will be examined through the lens of "8 Criminogenic Risk Factors". Relying upon the work of Andrews et al., Osher …

Table Of Contents (V.63, No.4)

William & Mary Law Review

No abstract provided.

Nohwere, Peter A. Alces, Robert M. Sapolsky

William & Mary Law Review

Imagine the frustration of Samuel Butler’s protagonist, Higgs, with the strange society he encounters in Erewhon:

"Was there nothing which I could say to make them feel that the constitution of a person’s body was a thing over which he or she had had at any rate no initial control whatever, while the mind was a perfectly different thing, and capable of being created anew and directed according to the pleasure of its possessor? Could I never bring them to see that while habits of mind and character were entirely independent of initial mental force and early education, the body …

How Experts Have Dominated The Neuroscience Narrative In Criminal Cases For Twelve Decades: A Warning For The Future, Deborah W. Denno

William & Mary Law Review

Phineas Gage, the man who survived impalement by a rod through his head in 1848, is considered “one of the great medical curiosities of all time.” While expert accounts of Gage's post-accident personality changes are often wildly damning and distorted, recent research shows that Gage mostly thrived, despite his trauma. Studying past cases such as Gage’s helps us imagine—and prepare for—a future of law and neuroscience in which scientific debates over the brain’s functions remain fiery, and experts divisively control how we characterize brain-injured defendants.

This Article examines how experts have long dominated the neuroscience narrative in U.S. criminal cases, …

The Future Of Law And Neuroscience, Owen D. Jones

William & Mary Law Review

I was asked to speculate about where the field of Law and Neuroscience may be ten years from now. In that spirit (and while recognizing that the future rarely complies with our predictions) I attempt here some extrapolations. I first consider potential advances in the technologies for monitoring and manipulating brain states, the techniques for analyzing brain data, and the efforts to further integrate relevant fields. I then consider potential neurolaw developments relevant to: (1) detecting things law cares about; (2) individualizing developmental states and brain states; (3) evidence-based legal reforms; (4) legal decision-making; and (5) brain-brain interfaces.

A Safe Culture For Neuroscience, Bruce Waller

William & Mary Law Review

When examining the future impact of neuroscience on the law, the first step requires narrowing the scope of the inquiry: advances in neuroscience are exciting, but the beneficial or harmful effects of those advances will depend on the specific culture in which they occur. In some cultures—such as in Norway or Sweden—integrating advances in neuroscience into the criminal justice system is likely to enhance understanding and improve the treatment of offenders and potential offenders. In the neoliberal culture of the United States, advances are more likely to exacerbate the profound wrongs of the criminal justice system rather than ameliorate them. …

The Democratizing Potential Of Algorithms?, Ngozi Okidegbe

Faculty Scholarship

Jurisdictions are increasingly embracing the use of pretrial risk assessment algorithms as a solution to the problem of mass pretrial incarceration. Conversations about the use of pretrial algorithms in legal scholarship have tended to focus on their opacity, determinativeness, reliability, validity, or their (in)ability to reduce high rates of incarceration as well as racial and socioeconomic disparities within the pretrial system. This Article breaks from this tendency, examining these algorithms from a democratization of criminal law perspective. Using this framework, it points out that currently employed algorithms are exclusionary of the viewpoints and values of the racially marginalized communities most …

The Relationship Between Parenting Practices And Cyberbullying Perpetration: The Mediating Role Of Moral Beliefs, Jaeyong Choi, Seungmug (Zech) Lee, Layne Dittmann

International Journal of Cybersecurity Intelligence & Cybercrime

Criminologists and psychologists have long recognized that parenting practices can affect childhood outcomes and the development of moral beliefs in children. Another body of literature provides evidence that morality is a key cause of antisocial behavior. Yet, a noticeable gap in this line of work has been testing the mediation effects of parenting practices on cyberbullying via moral beliefs. Using a sample of South Korean adolescents, we tested whether moral beliefs mediate the relationships between parenting practices and cyberbullying perpetration. Results show that parental supervision and excessive parenting can influence cyberbullying perpetration and that the impact of parenting practices is …

Social Construction Of Internet Fraud As Innovation Among Youths In Nigeria, Austin Ayodele Mr., Jonathan Kehinde Oyedeji, Huthman Olamide Badmos

International Journal of Cybersecurity Intelligence & Cybercrime

The proliferation of internet technologies has shaped interactions in contemporary society. Despite the pivotal importance of the internet to the global economy, it has several negative consequences such as internet fraud. This study examined the perception that young adults in Nigeria hold about internet fraud as an innovative means to economic survival rather than as a criminal enterprise. Robert Merton’s Anomie/Strain Theory (AST) was adopted as the theoretical thrust of the study. Adopting a qualitative data collection method, 15 participants were selected using the non-probabilistic purposive and snowballing techniques while opinions were sampled through in-depth interviews in different locations within …

Cybersecurity Risk In U.S. Critical Infrastructure: An Analysis Of Publicly Available U.S. Government Alerts And Advisories, Zachary Lanz

International Journal of Cybersecurity Intelligence & Cybercrime

As threat actor operations become increasingly sophisticated and emphasize the targeting of critical infrastructure and services, the need for cybersecurity information sharing will continue to grow. Escalating demand for cyber threat intelligence and information sharing across the cybersecurity community has resulted in the need to better understand the information produced by reputable sources such as U.S. CISA Alerts and ICS-CERT advisories. The text analysis program, Profiler Plus, is used to extract information from 1,574 U.S. government alerts and advisories to develop visualizations and generate enhanced insights into different cyber threat actor types, the tactics which can be used for cyber …

Pathways From Child Maltreatment To Proactive And Reactive Aggression: The Role Of Post-Traumatic Stress Symptom Clusters, Elizabeth M. Mcrae, Laura Stoppelbein, Sarah E. O'Kelley, Paula K. Fite, Shana B. Smith

Research, Publications & Creative Work

Objective: Childhood aggression is related to a myriad of negative concurrent and long-term outcomes. To mitigate the risks associated with childhood aggression, it is important to understand risk factors that might predispose one to aggressive behaviors. One risk factor commonly associated with aggression is the experience of child maltreatment. A common outcome associated with child maltreatment is the development of post-traumatic stress symptoms (PTSS). Several prevailing theoretical models of both post-traumatic stress and aggression indicate that these constructs have similar underlying cognitive, behavioral, and emotional mechanisms. Therefore, the present study examined the relations between and among child maltreatment, PTSS clusters, …

Furthering Women In Policing: How A Police Department's Duty Firearm Selection Process May Mitigate The Gender Disparity In Marksmanship, Jenna Prochnau

Honors Program: Senior Projects (Public)

Previous research has revealed that there are several benefits to increasing the representation of women in law enforcement, including less use of force, increased community trust, and better outcomes for domestic violence and sexual assault victims. While many police departments now recognize these benefits and are aiming to recruit more women, a problem persists because women are less likely to graduate from police academies than their male counterparts. A significant difference has been observed in the area of marksmanship, particularly, with more female recruits failing to meet firearm scoring standards. Currently, very little is known about how police departments select …

Reforming Age Cutoffs, Govind Persad

University of Richmond Law Review

This Article examines the use of minimum age cutoffs to define eligibility for social insurance, public benefits, and other governmental programs. These cutoffs are frequently used but rarely examined in detail. In Part I, I examine and catalogue policies that employ minimum age cutoffs. These include not only Medicare and Social Security but also other policies such as access to pensions and retirement benefits, eligibility for favorable tax treatment, and eligibility for discounts on governmentally provided goods and services. In Part II, I examine different rationales underlying eligibility and discuss the imperfect fit between these rationales and the use of …

Stateless Citizens: The Impact Of Criminal Record’S Collateral Consequences On Voting And Employment, James A. Jones Ii

Southern Illinois University Law Journal

Collateral consequences act as additional civil punishments imposed on criminal offenders after completing the terms of their sentences. Collateral consequences prevent individuals with criminal records from voting, accessing government housing and assistance, obtaining gainful employment, fully participating in civic duties, and wholly reintegrating into society. Furthermore, extensive research suggests that collateral consequences increase recidivism and have no real relation to public safety. This note explores the history of collateral consequences that impact voting and employment, examines efforts at both the state and federal level to limit those impacts, and offers suggestions for reforms that would go a step further.