Digital Commons Network^™

2022 Strategic Plan Progress Report: Ever Upward, New York Law School

Strategic Plan and Initiatives

No abstract provided.

Criminal Acts And Basic Moral Equality, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Modern criminal justice presupposes that persons are not morally equal. On the contrary, those who do wrong are viewed by the law as less worthy of respect, concern and decent treatment: Offenders, it is said, “deserve” to suffer for their misdeeds. Yet, there is scant logical or empirical basis for the law's supposition that offenders are morally inferior. The usual reasoning is that persons who intentionally or knowingly do wrong are the authors and initiators of their acts and, as such, are morally responsible for them. But this reasoning rests on the assumption that a person's mental states, such as …

Data Privacy, Human Rights, And Algorithmic Opacity, Sylvia Lu

Fellow, Adjunct, Lecturer, and Research Scholar Works

Decades ago, it was difficult to imagine a reality in which artificial intelligence (AI) could penetrate every corner of our lives to monitor our innermost selves for commercial interests. Within just a few decades, the private sector has seen a wild proliferation of AI systems, many of which are more powerful and penetrating than anticipated. In many cases, AI systems have become “the power behind the throne,” tracking user activities and making fateful decisions through predictive analysis of personal information. Despite the growing power of AI, proprietary algorithmic systems can be technically complex, legally claimed as trade secrets, and managerially …

Uab Magazine - Spring/Summer 2022, University Of Alabama At Birmingham

UAB Magazine

No abstract provided.

European Report On Prisoner Reintegration Through Entrepreneurship And Psychology., Thomas M. Cooney, Martina Brophy, Nida Ul Habib Bajwa, Maggie Clune, Mindaugas Galeckas, Niklas George, Andrada Istrate, Oana Murgeanu-Manolache

Reports

It has been well documented that reintegration into the workforce is a key factor in reducing recidivism amongst people with a criminal record. However, mainstream employment poses a challenge for many individuals with criminal histories who experience discrimination from prospective employers. Entrepreneurship or self-employment offers an alternative pathway into the labour market but it is not widely promoted as a viable career option. In recent years, in-prison entrepreneurship education programmes (particularly in the USA) have grown in prominence to offer participants another option in terms of future labour market activation. Despite the recorded success of these initiatives, the adoption of …

The Graduate Review, Volume Vii: Cover, Editors, Advisory Board, Table Of Contents, And Reviewers

The Graduate Review

No abstract provided.

Calling Attention To Campus Trends: Let’S Talk About Wellness, Mandy Magalhaes, Rachel Cullity

The Graduate Review

Abstract

This article explores the emerging focus on self-care and wellness amongst college students. In this article, the authors highlight the cultural shift from the “grind culture,” the complete and exhaustive dedication towards one’s work, to a focus on individual and community well being and how educational institutions are responding to students’ needs (Absher, 2020). Bridgewater State University's current response to student wellness is discussed, with a focus on the School of Social Work’s research efforts, programs and services being implemented, from the voices of graduate students. Self-care and wellness is an emerging conversation occurring in many professions and educational …

Stigma And Criminalization Of Mental Health In An Inpatient Versus Jail Setting, Zachary C. B. Dumay, Jessica T. Harnais, Christina M. Cerminara

The Graduate Review

Stigmatization is the perceived, negative stereotype assigned to a group of individuals. This stigmatization has contributed to the criminalization of mental health, meaning that individuals with mental health issues are more likely to be arrested for behaviors that are not criminal. This project examines mental health stigma toward an individual in a psychiatric setting and a correctional setting. We hypothesized that when reading a vignette about an individual experiencing a mental health crisis, participants will stigmatize them more if they are incarcerated than if they are in a psychiatric facility. Results showed that participants exhibited a higher level of discrimination …

Brief Of Amici Curiae In Support Of Defendants-Appellees: Braidwood Management V. Eeoc, Suzette Malveaux

Scholarly Articles

Amici are law professors with expertise in the requirements for class certification under Rule 23 of the Federal Rules of Civil Procedure. Amici have written extensively about class action litigation, including the use of class actions in civil rights cases seeking declaratory or injunctive relief. Together, we share an interest in ensuring that the Federal Rules of Civil Procedure continue to be construed so as to ensure the “just, speedy and inexpensive determination of every action and proceeding.” FED. R. CIV. P. 1.

Caliphs, Jinns, And Sufi Shrines: The Protection Of Cultural Heritage And Cultural Rights Under Islamic Law, Eleni Polymenopoulou

Emory International Law Review

This Article examines the position of the Islamic legal tradition on arts and cultural heritage, including its pitfalls, and argues that a better understanding of Muslim state practice is needed to enhance the protection of cultural rights in the Muslim world. This can further facilitate collaboration between Muslim states and inter-governmental bodies working in the field of culture; implement better accountability mechanisms under international criminal law, as well as; to contribute to the fight against terrorism. In addition, the author submits that Islamic law is not necessarily an appropriate platform to enhance cultural rights and cultural heritage in the Muslim …

Jones V. Mississippi And The Court’S Quiet Burial Of The Miller Trilogy, Cara H. Drinan

Scholarly Articles

In addition to its status as the world's largest jailer, the United States is an extreme outlier in its juvenile justice and sentencing practices. As recently as 2005, the United States permitted juvenile execution, and today the United States is the only nation that allows children to be sentenced to life without parole. In the last fifteen years, in a series of cases known as the Miller trilogy, the Supreme Court had been slowly chipping away at the nation's use of the most extreme juvenile sentences-the death penalty and life without parole. That process came to an abrupt end this …

Physiognomic Artificial Intelligence, Luke Stark, Jevan Hutson

Fordham Intellectual Property, Media and Entertainment Law Journal

The reanimation of the pseudosciences of physiognomy and phrenology at scale through computer vision and machine learning is a matter of urgent concern. This Article—which contributes to critical data studies, consumer protection law, biometric privacy law, and antidiscrimination law—endeavors to conceptualize and problematize physiognomic artificial intelligence (“AI”) and offer policy recommendations for state and federal lawmakers to forestall its proliferation.

Physiognomic AI, as this Article contends, is the practice of using computer software and related systems to infer or create hierarchies of an individual’s body composition, protected class status, perceived character, capabilities, and future social outcomes based on their physical …

Cruel And Unusual Youth Confinement, Cara H. Drinan

Scholarly Articles

In a series of cases known as the Miller trilogy, the Supreme Court recognized that children are both less culpable and more amenable to rehabilitation than adults, and that those differences must be considered at sentencing. Relying on the principle that kids are different for constitutional purposes, the Court abolished capital punishment for minors and significantly limited the extent to which minors can be subject to life-without-parole ("LWOP') terms. Equally important, the Miller trilogy was predicated on the concept of inherent human dignity, and it recognized the youthful prisoner's need for "hope" and "reconciliation with society." While scholars have grappled …

No Sleep For The Wicked: A Study Of Sleep Deprivation As A Form Of Torture, Deena N. Sharuk

Maryland Law Review

No abstract provided.

Our Silence Will Not Protect Us . . . And Neither Will J. Edgar Hoover: Reclaiming Critical Race Theory Under The New Mccarthyism, Christina Hsu Accomando, Kristin J. Anderson

Humboldt Journal of Social Relations

The right-wing attack against critical race theory is the latest manufactured panic designed to whip up supporters of a party beholden to Donald Trump. Since late 2020, hundreds of measures have been introduced across the U.S. to ban antiracism education, critical race theory, the 1619 Project, and any understanding of racism as systemic and embedded in U.S. history and law. While an understandable reaction of educators is to declare that they are not teaching critical race theory, our position is to reclaim critical race theory for the powerful lens it offers in understanding the history of the U.S., the protracted …

Using Algorithmic Imaginaries And Uncanny Pedagogy To Facilitate Interdisciplinary Research And Digital Scholarship, Philip L. Frana

Honors in Practice Online Archive

An interdisciplinary honors course titled “Minds, Machines, and Meaning” incorporates the notion of the algorithmic imaginary, which explains how people make use of algorithms to create new information infrastructures and communities and how these algorithms shape us in turn. Describing a culminating writing assignment in speculative research, the author explains how this course facilitates interdisciplinary research while fostering student and faculty growth, and he reflects on the possibility of its future variation, the uncanny valley of algorithmic anti-humanism.

Journal Of The National Collegiate Honors Council Vol. 23, No. 2. Fall/Winter 2022

Journal of the National Collegiate Honors Council Online Archive

Inside this Issue:

Frontmatter: Masthead • Call for Papers • Editorial Policy, Deadlines, and Submission Guidelines • Dedication to Patricia J. Smith

Editor’s Introduction. • Ada Long

Forum Essays on “Honors Beyond the Liberal Arts”

Who Owns Honors? • K. Patrick Fazioli

Bringing Professional Honors Communities into NCHC • Beata Jones

Honors Education Is Discipline-Neutral • Mike Sloane

Honors Is Pedagogy • John Zubizarreta

The Messages Are Everywhere: An Intersectional City as Text™ Approach to Enhance Honors Preprofessional Student Learning • Carla Janell Pattin

Modifying Practices to Serve Underrepresented Preprofessional Students with Help from Gifted Education • Bailey …

Who Owns Honors?, K. Patrick Fazioli

Journal of the National Collegiate Honors Council Online Archive

The long-term shift in undergraduate enrollment away from traditional humanities disciplines toward vocationally oriented majors poses a unique set of challenges for honors. While some have responded by emphasizing humanities’ centrality to honors education, this essay argues the imperative that honors practitioners and administrators improve outreach efforts to preprofessional honors programs. After considering why fields outside the liberal arts and sciences are underrepresented in the National Collegiate Honors Council (NCHC), the author outlines a number of strategies for soliciting greater participation from academic leaders and faculty in these disciplines as well as improving the experience of careerfocused majors in liberal …

Citadels Of Interdisciplinarity, Colin Christensen

Journal of the National Collegiate Honors Council Online Archive

As part of the National Collegiate Honors Council’s (2022) collection of essays about the value of honors to its graduates (1967–2019), the author reflects on the personal and professional impacts of the honors experience.

As the demands of academic research galvanize disciplinary silos and market forces pressure students into increasingly specialized courses of study, honors education stands as one of the few remaining citadels of interdisciplinarity on America’s college campuses. My experience as an undergraduate honors student was characterized by a community of deep intellectual richness committed to student-driven, collaborative, integrative and critical inquiry. Honors constellates diversity in tradition and …

Bringing Order To Chaos: Reviving Uniformity And Balance Within Nebraska’S Rental Housing Laws, Ryan Sullivan

Nebraska Law Review

In 1973, the Nebraska Legislature was presented with the opportunity to adopt the Uniform Residential Landlord & Tenant Act (Uniform Act).1 The Uniform Act sought to “simplify, clarify, modernize, and revise the law governing rental of dwelling units and the rights and obligations of landlords and tenants” as well as improve the quality of housing, and make housing laws more uniform.2 The Unicameral delayed adoption for a year, and in the interim, that thoughtfullycrafted, balanced, and uniform set of proposed laws was eviscerated through one-sided amendments pushed through by landlord and real estate lobby groups (Real Estate Lobby).3 The final …

The Use And Abuse Of Domestic National Security Detention, Nicole Hallett

Seattle University Law Review

Are people convicted of terrorism-related offenses so dangerous that we must bend the Constitution to keep the public safe? Or should we treat them like people who commit other crimes—by prosecuting, convicting, sentencing, and then releasing them after they have served their criminal sentences? Can we trust the government to use the power to detain people without criminal charge without abusing it? The case of Adham Amin Hassoun raises these questions. Prosecuted after 9/11 for providing support to Muslims abroad in the 1990s, and sentenced under the United States’ expansive material support laws, Hassoun avoided a life sentence only to …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Fair Resource Allocation To Reduce Inequalities In Criminal Justice & Healthcare, Alex Liu, Alexia Rodrigues

Discovery Undergraduate Interdisciplinary Research Internship

Together, we are working to identify discrepancies in the criminal justice system that put substance users at an unfair advantage for possible treatment and success in the future. This is done by modeling regressions involving the arrest-rates, developing charts to show the patterns of past arrests, and tracking the resources available for substance users. By doing this, we provide models to the local sheriff office that forecasts incoming inmates which allows the office to prepare accordingly. On the flip side, we are working to create a prediction model that exemplifies the risk of relapse for substance users. Ultimately, our goal …

The Relationship Between Adverse Childhood Experiences (Aces) And Substance Use: A Review Of The Literature, Alexandra Scott

Senior Honors Theses and Projects

Adverse childhood experiences (ACEs) are potentially traumatic events that happen in a child’s life. These experiences can cause multiple negative outcomes for the child even into their adult life. In the United States, roughly one in ten children have experienced three or more ACEs, and nearly half of all children in the United States have experienced at least one ACE. These problems can be physical, mental, personal and social. Of these outcomes, the individual could develop alcoholism or addiction to substances. Substance abuse is the overindulgence or dependence on substances that are addictive, mainly drugs or alcohol. The relevance substance …

The Resource Page

Court Review: Journal of the American Judges Association

THE ASSOCIATION OF FAMILY AND CONCILIATION COURTS

BOOKS, JUSTICE, AND DISCRIMINATION

JUVENILES AND MENTAL HEALTH DIVERSIONS

JUDICIAL ETHICS

ONLINE WORKPLACE HARASSMENT/DISCRIMINATION TRAINING FOR JUDGES

The Impact Of Anti-Black Racism On The Sentencing Of “Black Offenders” In Canada: What Is The Correct Approach?, Wayne K. Gorman

Court Review: Journal of the American Judges Association

Should the approach to the sentencing of “Black offenders” in Canada be different from the approach to non-Black offenders as a result of the history of racism and discrimination suffered by Black people in Canada?

In this column, I am going to review two recent Canadian Court of Appeal decisions (R. v. Anderson, 2021 NSCA 62, and R. v. Morris, 2021 ONCA 680), which have considered this question. As will be seen, two very different answers have been provided, sparking a debate in Canada about the appropriate approach to be taken to the sentencing of individuals who …

Threats To Impartiality In Capital Jury Selection: Addressing Dead-Serious Falsifications, Richard Rogers, Eric Y. Drogin, Sara E. Hartigan

Court Review: Journal of the American Judges Association

The American Bar Association (ABA) filed an amicus brief1 in the Boston Marathon bombing case that took direct aim at current jury selection procedures within the context of highly publicized capital trials. It strongly recommended that knowledge about the case, including pretrial publicity, be carefully investigated. Moreover, the brief flatly stated that assertions of fairness and impartiality by venirepersons are “not reliable.”² Is this true? What can social science tell us about the objectivity, truthfulness, and personal perspectives (e.g., biases or viewpoints) of potential jurors—in general, and on a case-by-case basis?

On “The Alt-Right Movement And Us National Security”, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Human Dignity, Pure Punishement Sentencing And Article 3 Of The European Convention On Human Rights, Jake Aston

Plymouth Law Review

No abstract provided.

Bridgewater Magazine, Volume 32, Number 1, Spring 2022, Bridgewater State University

Bridgewater Magazine

From the hall of Congress, to cutting-edge tech companies, to the world of music, BSU alumni are leaders in many sectors and industries. This issue focuses on alumni who have found their careers and passion in public service, alumni who have found their careers through music and in the tech field. Highlighted is Mary (Mel) Donahue, class of 1970, who was one of the first female Air Force pilots. a story on BSU's Archives & Special Collections is also highlighted in the issue.