Digital Commons Network^™

Concerning Modifying Funding For Grant Programs Administered By The Division Of Criminal Justice In The Department Of Public Safety And In Connection Therewith, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

The Rise And Fall And Rise Again Of Informal Justice And The Death Of Adr, Amy J. Cohen

Connecticut Law Review

Today, the field of alternative dispute resolution (ADR) is often conceptualized and taught as an apolitical, institutional practice designed to enhance the effective and efficient settlement of legal disputes. But this was not always the case. In the 1970s, scholars imagined mediation as a technique of social and political transformation: a practice that might enable people to resolve disputes without reproducing the inequalities that shaped the society in which they lived. That view of ADR has largely disappeared from the American legal academy. But, as this Article shows, it has not disappeared entirely. Outside the legal academy, prison and police …

Restoring Faith In Military Justice, Eleanor T. Morales, John W. Brooker

Connecticut Law Review

The military justice system was designed to maintain good order and discipline, strengthen national security, and achieve justice. After military leaders failed to effectively address the sexual assault crisis within the armed forces, Congress lost faith in this system. In response, Congress enacted sweeping legislative reform, transferring prosecutorial discretion for the most serious offenses from commanders to military lawyers. Unlike civilian prosecutions, most decisions within the military justice system have overwhelmingly favored one consideration: maintaining good order and discipline in the unit. While Congress’s reforms change who makes the decisions in many cases, they will have little effect unless military …

Liberty And Just [Compensation] For All: Wrongful Conviction As A Fifth Amendment Taking, Kelly Shea Delvac

Connecticut Law Review

In the United States, over 2,900 people have been exonerated for crimes they did not commit. While some exonerees currently qualify for compensation for their wrongful convictions, less than 40% have received any type of financial support. This Note examines the history of wrongful convictions in America as well as the historical background of the Fifth Amendment. It then looks at the current compensation schemes available to exonerees and analyzes the evolution of takings jurisprudence. This Note argues that a wrongful conviction is a taking of an exoneree’s labor under the Fifth Amendment and, therefore, constitutionally entitles an exoneree to …

Connecticut Workers’ Compensation Coverage For Medical Cannabis In The Age Of The Opioid Crisis, Sydnee Sousa

Connecticut Law Review

In 2019 the Connecticut Workers’ Compensation Review Board (CRB) in Caye v. Thyssenkrupp Elevator rejected the employer and its workers’ compensation insurer’s argument that the Workers’ Compensation Commission cannot compel them to reimburse the cost of medical cannabis because such an order would require them to engage in conduct that is criminalized under the Controlled Substances Act (CSA). The CRB in Caye instead affirmed the trial commissioner’s order that the respondent must reimburse the claimant’s expenses in obtaining medical cannabis.

This Note argues that when the issue of workers’ compensation reimbursement for medical cannabis is inevitably reviewed by the Connecticut …

The Democratizing Potential Of Algorithms?, Ngozi Okidegbe

Connecticut Law Review

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 …

Rise Of Police Unions On The Back Of The Black Liberation Movement, Ayesha Bell Hardaway

Connecticut Law Review

Police unions have garnered the attention of the media and some scholars in recent years. That attention has often focused on exploring the seemingly inexplicable and routine power police unions have to shield problem officers from accountability. This Article shows that police union power did not surreptitiously arrive on the doorsteps of American cities. Instead, collective bargaining rights for law enforcement began to gain firm footing during the 1960s as white Americans remained committed to preserving their place in the nation’s racial hierarchy as it related to housing, jobs, education, and entertainment. Existing legal scholarship has successfully highlighted the depth …

“What Has Always Been True”: The Washington Supreme Court Decides That Seizure Law Must Account For Racial Disparity In Policing, Aliza Hochman Bloom

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

A Grounded Theory Approach To Rural Care Provider Perspectives Of Disability And Sexual Violence, Blake Elvrum Warner

Dissertations and Theses

Research involving sexual violence among individuals with disabilities is scarce despite a prevalence rate higher than the general population. The perspectives of care providers regarding their experience working with individuals with disabilities who have experienced sexual violence is even less understood. The purpose of the current grounded theory study was to better understand the experience of care providers working with individuals with disabilities who have experienced sexual violence. Care providers of individuals with disabilities were recruited from disability services agencies and interviewed by the primary researcher. There were ten participants from a variety of direct care, ancillary care, and administrative …

The Transnational Effects Of Anti-Corruption Prosecutions By The Us And How They Influence Societies, Based On The Examples Of The Fcpa Enforcement In Ukraine And Russia, Anastasiia Imedidze

Dissertations and Honors Papers

After the Enron case and PATRIOT Act of 2001, enforcement of the FCPA by the Department of Justice and Securities and Exchange Commission around the world was increased. The role of compliance function in the US companies was seriously reconsidered which has led to non-obligatory but very desired development of robust compliance systems inside organizations.

In this paper, I will briefly discuss the FCPA basics, the necessity of compliance programs inside organizations and will look through statistics that companies are willing to adopt these programs, the US legislation regarding compliance programs in the organizations. Then, I will deepen into two …

When Jail & Prison Sentences Become Death Sentences: How Willfully Exposing Incarcerated Persons To Covid-19 Amounts To Cruel & Unusual Punishment, Arielle Aboulafia

Human Rights Brief

Eric Warner called his older brother Hank from San Quentin State Prison almost every Sunday. Though the prison only allowed the brothers to speak for fifteen minutes each week, the two spoke about their lives. In June 2021, Eric stopped calling, and Hank became worried. Hank tried to get in touch with the prison. However, his calls were met with a dead-end voicemail each time. He recalls that he “knew, by not hearing anything, that something was not good.” The following month, prison personnel returned Hank’s calls and told him that his brother Eric had been hospitalized. Later that month, …

Locked Up And Locked Down In The Land Of Free: A Look At The United States' Prisons And Covid-19'S Disproportionate Effect On Black Americans' Right To Health, Zachary Parrish

American University International Law Review

The United States is infamous for having a large percentage of its population in prison. Each year since 2002, the United States has reported a higher incarceration rate than any other country in the world. Another unfortunate but widely prevalent issue that the United States has is systemic racism. The combination of the United States’ struggles with systemic racism and mass incarceration makes for a disproportionately devastating impact on Black Americans. As a result, Black Americans make up a disproportionate amount of the prisoners that fill American prisons.

Well, At Least They Tried: Deliberate Indifference As Prison Officials’ Liability Scapegoat For Objectively Inhumane Prison Conditions During Covid-19, Mary Levine

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Right To A Speedy Trial For All, Unless You’Re Incarcerated: How Sixth Amendment Jurisprudence Allows For Prolonged Isolation—United States V. Bailey-Snyder, 923 F.3d 289, 291 (3rd Cir. 2019), Madison Carvello

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Life Is What You Make It . . . Unless You Are Transgender And Incarcerated: Revising The Test For Judging An Incarcerated Transgender Individual’S Readiness For Gender Confirmation Surgery, Allison Eddy

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Combating Incels: Addressing Misogynistic Violence As An Early Warning Indicator Of Escalating Violence And Armed Conflict, Christie J. Edwards

Loyola University Chicago International Law Review

The spectrum of misogynistic violence between incels ("involuntary celibates"), non-State armed groups, and armed forces using extreme violence against women is based around the desire to restore "traditional" gender norms of male dominance, maintain systemic inequality between men and women, and often manifest in gender-based hate crimes before escalating into community violence and armed conflict. Governments and policy makers must dismantle structural inequalities and discrimination against women, as well as ensure effective criminal justice responses to gender-based hate crimes and all other forms of violence against women in order to address and prevent violence and armed conflict, as well as …

The Erasure Of Torture In America, Jessica Wolfendale

Case Western Reserve Journal of International Law

No abstract provided.

Assessing The Relative Influence Of Interpersonal Relationship Factors On Probationer Rule Compliance, Lucas Alward

Electronic Theses and Dissertations, 2020-2023

The quality of probation officer-client therapeutic alliance (TA) can result in improvements in supervision success including reduced rearrest and non-compliance. However, less is known about how clients' perceptions of procedural justice during interactions with their probation officer (PO) influence the quality of the PO-client TA and impact supervision outcomes. While extant research supports the importance of procedural justice for shaping citizen's legitimacy beliefs and compliance to the law within policing, we know little about how and whether these concepts influence the PO-client TA in community supervision and whether they impact compliance. Using self-reported survey data collected from a sample of …

Fake It Until You Make It!: The Crimes And Trial Of Anna Sorokin (Delvey), Angelo Kevin Brown

Faculty Publications

The chapter will provide an overview of the life, crimes, and trial of Anna Sorokin better known as Anna Delvey. Anna had invented a false persona and life so that people would think she was a rich German heiress instead of her real identity of a woman from a working-class Russian family. Anna used her false identity to defraud banks, hotels, and friends for about $275,000. Anna's life became internationally known with her story being published in major news and media articles including podcasts, 60 Minutes, HBO, a $300,000 book deal to her former friend Rachel Williams, and a $320,000 …

2022-2023 Factbook, Tennessee. General Assembly

Factbook

This Fact Book provides an overview of the state's budget for the fiscal year.

Resource Map Of Expenditures For Tennessee Children And Youth, Annual Report To The Legislature, April 2022, Tennessee Commission On Children And Youth

Resource Mapping Reports

This report compiles the federal and state expenditures for services across all departments and agencies for Tennessee children from the previous fiscal year.

Sex Is As Sex Does: Governing Transgender Identity (Preface And Introduction), Paisley Currah

Publications and Research

No abstract provided.

Restorative Justice: Uplifting Human Rights For The Marginalized, Vulnerable, Victimized, And The United States As A Whole, Meghana Vodela

Human Rights Brief

No abstract provided.

Capital Punishment And The ‘Acnestis’ Of Its Modern Reformation, Sudarsanan Sivakumar

Human Rights Brief

The term “Capital Punishment” encompasses any penalizing punishment that results in the death of people accused of committing a crime.1 This damnation dates back to the Eighteenth Century B.C. in the “Code of Hammurabi,” a misemployed code that ensured the death penalty for twenty-five distinct crimes. People convicted of crimes were made to suffer for their actions in horrific ways, including being burnt alive and drowning.2 Since then, death by hanging has been the conventional method for capital punishment in most of the world.

The Havoc Death Wreaks: Civil Rights Challenges To Capital Punishment, Bailey D. Barnes

Faculty Publications

Following a per curium opinion that banned the imposition of capital punishment because it violated the Eighth Amendment, as made applicable to the states through the Fourteenth Amendment, United States Supreme Court Justice Thurgood Marshall offered a unique criticism of capital punishment. Justice Marshall, an iconic civil rights litigator prior to his confirmation to the Court, stated, "[T]he death penalty wreaks havoc with our entire criminal justice system." Similarly, sometime in the late 1950s, Associate Justice Robert H. Jackson reportedly said that capital punishment "completely bitches up the criminal law." In essence, both Justices were asserting that the death penalty …

Tolle Lege Works Published In 2022, Mcquade Library

Bibliographies

Compiled Tolle Lege bibliography of works published by members of the Merrimack College Community in 2022. Works include journal articles, books, book chapters, conference presentations and posters, and more.

First-Year Engineering Living-Learning Communities Improve Four-Year Graduation Rates At A Small Private University, William J. Palm

Engineering, Computing & Construction Management Faculty Publications

This complete research paper assesses the long-term benefits of first-year student participation in an Engineering Living-Learning Community (ELLC) at a relatively small private university. Prior research on ELLCs has examined short-term results such as first-year student engagement, academic performance, and retention, but relatively few studies have reported data on long-term outcomes such as graduation rates and GPA at graduation. This paper reports the outcomes of four cohorts of Engineering students who entered the study university between 2013 and 2016.

Students participating in the ELLC had significantly higher 4-year graduation rates in Engineering (55.7% vs. 42%) and in STEM (64.3% vs. …

Evolving Standards Of Irrelevancy?, Joanmarie Davoli

Faculty Scholarship

No abstract provided.

How Federalism Built The Fbi, Sustained Local Police, And Left Out The States, Daniel Richman, Sarah A. Seo

Faculty Articles

This Article examines the endurance of police localism amid the improbable growth of the FBI in the early twentieth century when the prospect of a centralized law enforcement agency was anathema to the ideals of American democracy. It argues that doctrinal accounts of federalism do not explain these paradoxical developments. By analyzing how the Bureau made itself indispensable to local police departments rather than encroaching on their turf, the Article elucidates an operational, or collaborative, federalism that not only enlarged the Bureau’s capacity and authority but also strengthened local autonomy at the expense of the states. Collaborative federalism is crucial …

"Can You Hear Me Now?": The Implications Of Virtual Proceedings On Criminal Defendants' Constitutional Rights, Madison C. Deregis

Maryland Law Review Online

No abstract provided.