Digital Commons Network^™

State Responsibility For International Bail-Jumping, Robert Currie, Elizabeth Matheson

Articles, Book Chapters, & Popular Press

Over the last decade, there has been a spate of incidents in Canada and the United States involving Saudi Arabian nationals who, while out on bail for predominantly sexual crimes, were able to abscond from the countries despite having surrendered their passports. Investigation has revealed evidence supporting a reasonable inference that the government of Saudi Arabia has, in fact, assisted its nationals to escape on these occasions. This article makes the case that this kind of conduct amounts not just to unfriendly acts but also to infringements upon the territorial sovereignty of both states and serious breaches of the international …

A Law And Politics Contextualization Of Corporate Activism In Nigeria’S 2020 Anti-Police Brutality Campaign, Okanga Ogbu Okanga

Articles, Book Chapters, & Popular Press

Corporate activism – the progressive pursuit of social justice causes by corporations – is a growing global phenomenon. There are increasing expectations and, in many cases, demands that corporations pull off their gloves to actively confront sociopolitical issues bedevilling their communities. Emerging scholarship suggests that corporate activism is influenced by various factors, including the ethical, political, and commercial orientations of corporate minds and the relative political and legal landscape within which corporations operate. Adopting a qualitative research mechanism that reflects on open-source information about relevant actors, collected from blogs, Twitter, and news sites, as complemented by a broad variety of …

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

Drug Supervision, Jacob Schuman

Faculty Scholarship

Critics of harsh drug sentencing laws in the United States typically focus on long prison sentences. But the American criminal justice system also inflicts a significant volume of drug-related punishment through community supervision (probation, parole, and supervised release). Over one million people are under supervision due to a drug conviction, and drug activity is among the most common reasons for violations. In an age of “mass supervision,” community supervision is a major form of drug sentencing and drug policy.

In this Article, I analyze the federal system of supervised release as a form of drug policy. Congress created supervised release …

Sexual Violence, Intangible Harm, And The Promise Of Transformative Remedies, Jill C. Engle

Faculty Scholarship

This Article describes alternative remedies that survivors of sexual violence can access inside and outside the legal system. It describes the leading restorative justice approaches and recommends one of the newest and most innovative of those—“transformative justice”—to heal the intangible harms of sexual violence. The Article also discusses the intersectional effects of sexual violence on women of color and their communities. It explains the importance of transformative justice’s intersectional approach to redress sexual violence. Transformative justice offers community-based, victim-centric methods that cultivate deep, lasting healing for sexual violence survivors and their communities, with genuine accountability for those who have caused …

Criminal Violations, Jacob Schuman

Faculty Scholarship

Violations of community supervision are major drivers of incarceration. Nearly four million people in the United States are serving terms of probation, parole, or supervised release, and one-third of them are eventually found in violation of a condition of their supervision, sending 350,000 people to prison each year. To reduce incarceration rates, criminal justice reformers have called for lower sentences for non-criminal “technical violations,” such as missed meetings, skipped curfews, etc.

In this Article, I offer the first comprehensive analysis of “criminal violations,” the other half of cases where people violate their supervision by committing new crimes. Based on an …

The Visibility Trap, Kate Redburn

Faculty Scholarship

Vice Patrol offers a novel history of the visibility trap. It integrates interventions in legal history, history of sexuality, and queer theory with remarkable ease. Lvovsky brings new insight to a question that has puzzled scholars across several fields: Why and how does cultural representation lead to increased state repression? Blending impressive archival research with sophisticated theoretical analysis, Lvovsky follows cultural knowledge into the legal system to offer a fresh diagnosis of the problem and how it develops. In her discovery of “epistemic gaps,” she uncovers a key mechanism of the visibility trap. Disagreements between the police and the courts, …

The Liberatory Potential Of Fashion, David Billie Suoth

Honors Theses and Capstones

Fashion has the potential to be liberatory and this can be seen in the ways fashion has been targeted by systems of oppression. Fashion is the use of clothes as a vessel to create a greater social meaning. According to Edward Sapir, the meaning of fashion “while it is primarily applied to dress and the exhibition of the human body is not essentially concerned with the fact of dress or ornament, but with its symbolism” (Barnard, 2007, p. 65). Fashion with the symbolism behind it is able to show the sentiments and attitudes of civilization at different points in history …

Language Barriers And Cultural Incompetency In The Criminal Legal System: The Prejudicial Impacts On Lep Criminal Defendants, Sarah Moya

Fordham Urban Law Journal

No abstract provided.

Remaking Public Defense In An Abolitionist Framework: Non-Reformist Reform And The Gideon Problem, Eli Salamon-Abrams

Fordham Urban Law Journal

No abstract provided.

Multiunit Housing And Cannabis: Good Laws Make Good Neighbors, Daniel G. Orenstein

Fordham Urban Law Journal

No abstract provided.

The Regulatabilization Of Cannabis, Donald J. Kochan

Fordham Urban Law Journal

No abstract provided.

Taking The Initiative: Marijuana Law Reform And Direct Democracy, Tamar Todd

Fordham Urban Law Journal

No abstract provided.

Marijuana Use By Employees: Drug-Free Policies And The Changing Legal Landscape, Kerry Cork

Fordham Urban Law Journal

No abstract provided.

How State Reforms Have Mellowed Federal Enforcement Of Marijuana Prohibition, Douglas A. Berman, Alex Fraga

Fordham Urban Law Journal

No abstract provided.

Crushing The Soul Of Federal Public Defenders: The Plea Bargaining Machine’S Operation And What To Do About It, Walter I. Gonçalves, Jr.

Fordham Urban Law Journal

No abstract provided.

Expert Testimony On False Confessions: An Old Psychological Problem With New Challenges In New York Courts, Alysia Lo

Fordham Urban Law Journal

No abstract provided.

How Do Lawyer Disciplinary Agencies Enforce Rules Against Litigation Misconduct? Or Do They? Results Of A Case Study And A National Survey Of Disciplinary Counsel, Jona Goldschmidt

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Criminal Procedure—Fugitive Disentitlement Ruling Allows Interlocutory Appeals In Second Circuit Under Collateral Order Doctrine—United States V. Bescond, 7 F.4th 127 (2d Cir. 2021), Ian Luciano

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Undergraduate Bulletin, 2022-2023, Minnesota State University Moorhead

Undergraduate Bulletins (Catalogs)

No abstract provided.

Graduate Bulletin, 2022-2023, Minnesota State University Moorhead

Graduate Bulletins (Catalogs)

No abstract provided.

A Cloud Computing-Based Dashboard For The Visualization Of Motivational Interviewing Metrics, E Jinq Heng

Browse all Theses and Dissertations

Motivational Interviewing (MI) is an evidence-based brief interventional technique that has been demonstrated to be effective in triggering behavior change in patients. To facilitate behavior change, healthcare practitioners adopt a nonconfrontational, empathetic dialogic style, a core component of MI. Despite its advantages, MI has been severely underutilized mainly due to the cognitive overload on the part of the MI dialogue evaluator, who has to assess MI dialogue in real-time and calculate MI characteristic metrics (number of open-ended questions, close-ended questions, reflection, and scale-based sentences) for immediate post-session evaluation both in MI training and clinical settings. To automate dialogue assessment and …

Protecting State Constitutional Rights From Unconstitutional Conditions, Kay L. Levine, Jonathan R. Nash, Robert A. Schapiro

Faculty Articles

The unconstitutional conditions doctrine limits the ability of governments to force individuals to choose between retaining a right and enjoying a government benefit. The doctrine has primarily remained a creature of federal law, with neither courts nor commentators focusing on the potentially important role of state doctrines of unconstitutional conditions. This omission has become especially significant during the COVID-19 pandemic, as actions by state and local governments have presented unconstitutional conditions questions in a range of novel contexts. The overruling of Roe v. Wade and the resulting focus on state constitutional rights to abortion will offer additional new settings for …

The Corrosive Effect Of Inevitable Discovery On The Fourth Amendment, Tonja Jacobi, Elliot Louthen

Faculty Articles

The Supreme Court has only once, almost four decades ago, addressed the doctrine of inevitable discovery, when it established the exception in Nix v. Williams. Inevitable discovery encapsulates the notion of no harm, no foul—if law enforcement would have discovered unlawfully obtained evidence regardless of a constitutional violation, then the resulting evidence need not be excluded. Nix laid out two simple dictates: the eponymous requirement of inevitability and a corresponding evidentiary burden requiring the prosecution to prove by a preponderance of the evidence that law enforcement inevitably would have discovered the evidence without the violation. Such analysis requires counterfactual …

"With All The Majesty Of The Law": Systemic Racism, Punitive Sentiment, And Equal Protection, Darren L. Hutchinson

Faculty Articles

United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks, both through explicit discrimination and facially neutral policies. Similar practices maintained racial hierarchy with respect to White, Latinx, and Asian-American populations in the western United States. While most state action no longer explicitly discriminates on the basis of race, anticrime policy remains a powerful instrument of racial subordination. Indeed, social …

Development And Evalution Of Technology For Rehabilitation Process Of Stroke Patients, Utpal Chandra Das

Chulalongkorn University Theses and Dissertations (Chula ETD)

Rehabilitation after a stroke is crucial for patients to regain their functional abilities. Conventional rehabilitation methods can be time-consuming, inaccurate, and challenging to measure progress. This study proposes novel artificial intelligence(AI) based upper limb and lower limb rehabilitation approach for stroke patients. The proposed system comprises AI models: fuzzy logic rule-based and Convolutional Neural Network(CNN) Machine Learning(ML) models. The rule-based model incorporates the Fugal Meyar Method Assessment(FMA) to measure the angle of the patient’s upper and lower limbs during exercise using a camera(Sensor). The proposed robust hybrid fuzzy logic-based AI model continuously measures the desired angle, counts the repetition of …

Dispensing Reparations For Marijuana Convictions, Michelle Mazzola

Journal of Race, Gender, and Ethnicity

No abstract provided.

Friends-Based Protective Strategies And Unwanted Sexual Experiences: A Daily Diary Examination Of First Year College Women, Jessica A. Blayney, Tiffany Jenzer, Anna E. Jaffe, Quinn Carroll, Jennifer P. Read

Department of Psychology: Faculty Publications

Risk for unwanted sexual experiences can emerge in social contexts—the same contexts that early college women navigate with their friends. Though friends naturally engage in prevention strategies, less is known about how capable guardianship influences risk. Using multilevel structural equation modeling, the present study examined guardianship at the person and situation levels. First-year college women (N = 132) completed eight weekends of daily surveys. We examined whether guardianship (e.g., more friends present, greater proportion of female friends, no intoxicated friends) would reduce unwanted sexual experience risk and if this relation was mediated by friends-based strategy use. An alternative model …

Pathways To Preferences For Collaborative Conflict Resolution: Disputants’ Process Goals Drive Preferences, Ashley Votruba, Jared Noetzel, Abigail L. Herzfeld

Department of Psychology: Faculty Publications

Understanding individuals’ preferences for how to resolve conflict—specifically legal disputes—has long interested researchers, particularly those considering procedural justice. This study considers the impact of relational factors that influence individuals’ preferences for dispute resolution processes for civil legal issues. Specifically, it examines the impact of self-construal and the relationship between the parties in conflict on preferences for specific features of dispute resolution processes and considers the role of underlying resolution goals as potential mediators in a parallel mediation model. Using a novel paradigm in which the outcome variables of interest focused on specific dispute resolution process features allowed the researchers to …

Title Ix Abroad: A Proposed Framework For Extraterritorial Application, Christina Vieira Da Rosa

Lewis & Clark Law Review

Regulatory changes to Title IX made clear that the statute’s sexual assault grievance procedures do not apply to incidents that take place outside the United States. This Comment explores the reasoning underlying these 2020 regulations, which signal a departure from prior interpretations of Title IX and limit recourse for U.S. students who are sexually assaulted while studying abroad. Ultimately, this Comment argues that Title IX should have an extraterritorial reach when both complainant and respondent are affiliated with U.S. institutions. Such a change would harmonize Title IX’s underlying purpose with the practical difficulties of investigating and adjudicating conduct occurring outside …