Digital Commons Network^™

Race Across The Curriculum: A Team-Taught Course On Law And Race In America, Edward A. Purcell Jr.

NYLS Law Review

No abstract provided.

Law And The Persistence Of Racial Inequality In America, Frank W. Munger, Carroll Seron

NYLS Law Review

No abstract provided.

Unpacking The Teaching Potential Of A Hypothetical Criminal Case Involving A Cross-Racial Eyewitness Identification, Lynn Su

NYLS Law Review

No abstract provided.

Transcending Ideological Divides To Advance All Rights For All People: A Conversation Between The Honorable Ruth Bader Ginsburg And Professor Nadine Strossen

NYLS Law Review

No abstract provided.

Institutional Choice For Software Safety Standards, Bryan H. Choi

Publications

The pursuit of software safety standards has stalled. In response, commentators and policymakers have looked increasingly to federal agencies to deliver new hope. Some place their faith in existing agencies while others propose a new super agency to oversee software-specific issues. This turn reflects both optimism in the agency model as well as pessimism in other institutions such as the judiciary or private markets.

This Essay argues that the agency model is not a silver bullet. Applying a comparative institutional choice lens, this Essay explains that the characteristic strengths of the agency model—expertise, uniformity, and efficiency—offer less advantage than one …

From The Legal Literature: America’S Paper Prisons: The Second Chance Gap, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article explores the links between internet radicalization, access to weapons, and the current threat from terrorists who have been radicalized online. The prevalence of domestic terrorism, domestic hate groups, and online incitement and radicalization have led to considerable focus on the tension between counterterror efforts and the First Amendment. Many scholars recommend rethinking the extent of First Amendment protection, as well as Fourth, Fifth, and Sixth Amendment protections, and some judges appear to be listening. Yet the Second Amendment has avoided this consideration, despite the fact that easy access to weapons is a necessary ingredient for the level of …

From The Legal Literature: Trafficking And The Shallow State, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Pain That Only She Must Bear: On The Invisibility Of Women In Judicial Abortion Rhetoric, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

The graphic and bodily facts of a legal question of rights are relevant to the courts, particularly in questions that directly implicate physical bodies and pain, such as right to die cases, or what level of search may be allowable and when. However, in the case of abortion, or more specifically the bodily ramifications of pregnancy and childbirth, this detail is conspicuously absent. This article, relying on a content analysis of over 220 legal opinions on abortion rights, documents this absence of rhetoric. Particularly in the context of other discussions of pain and physical health risks in these very same …

Introducing Justicecraft: Political Change Across Space And Time, Lauren Balasco, Bea Ciordia, Eliza Garnsey, Sarine Karajerjian, Arnaud Kurze, Christopher K. Lamont, Nomzamo Ntombela

Department of Justice Studies Faculty Scholarship and Creative Works

Scholarship has often compartmentalised issues associated with injustice, political violence, and past wrongdoings. To contextualise questions of political change and justice across time and space, we introduce a dynamic, layered and transversal understanding of these processes. Drawing on Inés Valdez's notion of "justice as a political craft,"we explore situated struggles for change and justice. Coping with injustice is contingent on context-specific conceptual and practical understandings of justice and grounded in particular experiences. Drawing on symbolic sites-the Uprising, the Audience, the Body, the Affect, the Island, and the Map-we highlight a variety of struggles against past, present and future injustices. Struggles …

From The Legal Literature: Environmental Victimization And Criminal Enforcement: Assessing Evidence From Thirty-Seven Years Of Epa Case Summary Reports, Marshall R. Schmidt, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Arrest Records, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Undemocratic Crimes, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Volume 25.1, Footnote Forum: Editors' Note, Natasha Bynum, Colby Williams

City University of New York Law Review

No abstract provided.

Virtuous Prosecutors?, Steven Zeidman

City University of New York Law Review

A movement is building for President Biden to rewrite the book on judicial appointments and look to civil rights lawyers and public defenders instead of the usual crop of federal prosecutors.While the movement is grounded in the need to diversify the breadth of experience on the bench, it could also be interpreted as, or lead to, an effort to reexamine the exalted role of the prosecutor. Prosecutors were historically seen as noble and righteous protectors of virtue and morality. Their prominence led to increased resources, power, and influence and over time they began to fill the ranks of the judiciary, …

Decarceration Means Funding The Incarcerated, David Campbell

City University of New York Law Review

While there are varied assertions as to what “defunding the police” and “reinvesting in communities” mean, I propose that one step towards this goal would be to redistribute the funds from Corrections Offices and bureaucratic management to incarcerated workers to ensure they are paid a suitable wage. If an increase in inmate pay appears outrageous to some, it is only because it entails beginning to treat inmates as full-fledged human beings and, in doing so, upsets the power dynamic between the incarcerated and their keepers.

The Correctional Institute Of Nothing, Frank Pruitt

City University of New York Law Review

Rehabilitation programs are crucial to address the conditions that lead people to commit crimes. Currently, effective rehabilitation programs are not offered in prisons; instead, the carceral system relies upon the erroneous assumption that incarceration itself fixes individual and social problems. In fact, prison conditions further entrench problematic behaviors. True rehabilitation allows incarcerated individuals to confront the offenses they committed, adopt new ways of thinking, and heal underlying trauma. The author, who has been incarcerated since 1989, identifies the lack of rehabilitation opportunities in prisons and offers a better, more humane way forward.

Restorative Justice In Cases Of Sexual Harm, Alexa Sardina, Alissa R. Ackerman

City University of New York Law Review

Restorative justice for cases of sexual harm offers a trauma-informed and evidence-based approach to healing and prevention that current criminal legal options do not. The literature is clear that current sex crimes policies and practices have been ineffective at reducing rates of sexual violence. Similarly, current criminal legal practices fail to hold people accountable for the sexual harms they’ve caused and do little to support survivors who come forward. Unlike the criminal legal system, restorative justice provides survivors with a safe platform within which to talk about their experience(s) of sexual harm on their terms and voice their individual needs …

Casting Out From The Inside: Abolishing Felony Disenfranchisement In New York, Elizabeth Neuland

City University of New York Law Review

Felony disenfranchisement laws are an archaic practice, meant to silence a population that is often forgotten and overlooked by society. On the principles of rehabilitation and accountability, New York State ought to completely abolish felony disenfranchisement. It does not deter crime. In fact, recidivism rates show a decline when incarcerated individuals have rehabilitative opportunities through New York State Department of Corrections and Community Supervision ("DOCCS")-facilitated programming and family services. As the arguments laid out in this Comment demonstrate, it is imperative that the New York State Legislature takes prompt action to abolish felony disenfranchisement altogether.

Elderly, Detained, And Justice-Involved: The Most Incarcerated Generation, Rachael Bedard, Joshua Vaughn, Angela Silletti Murolo

City University of New York Law Review

The “graying” of the United States prison system is a well-documented phenomenon that describes the aging of the population currently held in U.S. state and federal prisons. This is generally attributed to the large number of individuals who are aging in place in prisons around the country due to long sentences and restrictive parole practices. Less well-known or well-characterized is the fact that the U.S.’s justice-involved population outside of prisons is also “graying”—that the demographics of people who are being arrested, jail detained, transferred to prisons on new criminal convictions, and monitored under community surveillance programs are also changing to …

The Impeachment Trials Of Donald John Trump: How Senate Jurors Strengthened The Case Against Federal Felon-Juror Exclusion, James M. Binnall

City University of New York Law Review

In 2020 and then again in 2021, former President Donald John Trump faced an impeachment trial. Prior to each, a parade of Senators—charged with acting as jurors in the matter—publicly stated their verdict preference, some even discounting the need for evidence. In our federal court system, citizens with a felony criminal history are permanently barred from serving as a juror. In justifying this categorical exclusion, courts and lawmakers primarily allege that those who have been convicted of a felony lack the requisite character to serve, as they have shown a propensity to flout the law. In short, proponents of exclusion …

The Color Of Local Government: Observations Of A Brown Buffalo On Racial Impact Statements In The Movement For Water Justice, Tom I. Romero Ii

City University of New York Law Review

Industrialized animal agriculture—concentrated animal feeding operations (“CAFOs”) and slaughterhouses—is inherently oppressive of both nonhumans and humans. This Article seeks to expose the human side of that exploitation, specifically examining how industrial animal agriculture was built upon and continues to propagate racism. The harms to humans of color perpetuated by this system are myriad and serious, ranging from physical to psychological and from troubling to life-threatening. This Article first examines how the animal agribusiness industry has harmed farmers and ranchers of color since the early 20th century through government-sponsored racist policies and practices. Second, the Article studies harms to workers, from …

Death By A Thousand Duck Bites In A No-Man’S Land: Navigating Section 230’S Scope And Impact In A Changing Internet And World, Val Rigodon

City University of New York Law Review

Section 230 of Title 47 of the United States Code, colloquially known as Section 230, is hailed by many as the law that created the internet. It was conceived to promote the growth of the internet by protecting internet platforms from liability for third-party speech that was out of their control. However, while the internet has changed and grown more intrusive in everyday life, Section 230 has not grown to reflect that. It has been broadened in a way that allows internet platforms to escape liability. People are not generally able to hold internet platforms accountable for harms that were …

Domestic Violence And Leave Laws: How New York Can Improve Its Leave Policies Based On The Laws Of Washington, D.C. And New Jersey, Nusrat J. Khan

City University of New York Law Review

Although intimate partner violence often starts in the privacy of one’s home, its impact spills over in almost all aspects of the victim’s life. The effects of violence are tangible – physical and emotional harm to the person and their dependents, loss of educational or employment opportunities, financial problems, interactions with the criminal justice system, and ongoing legal issues. To address the loss of employment, federal and state governments have implemented leave laws to offer job protection for victims of intimate partner violence. Leave laws are an essential aspect of employment as the ability to take leave from work provides …

African American Male College Graduates’ Paternal Incarceration Experiences, Natassia Toxey Askew

Walden Dissertations and Doctoral Studies

Various public polices contributed to the significant increase of parent incarceration in the United States among African Americans. The purpose of this transcendental phenomenological study was to gain an understanding of the perspective of African American male college graduates who experienced paternal incarceration during childhood and/or adolescence about the role of family and persevering to obtain a college degree by the age of 30. Utilizing a transcendental phenomenological approach to describe the essence of paternal incarceration as experienced by 12 participants, emergent themes were uncovered to build the characteristics of success relative to the role of family. The modified van …

Decision Making By Law Enforcement Supervisors Regarding Professional Courtesy And Discretion, Jennifer Marie Hollifield

Walden Dissertations and Doctoral Studies

AbstractRecent studies suggest a negative shift in the way the public views U.S. law enforcement officers (LEOs), including an increased lack of trust. Mistrust may be attributed to misuse of power, abuse of discretion, or the extension of professional courtesy by LEOs. While discretion, and the misuse of discretion has been studied by many scholars, decision making process related to professional courtesy has not been studied as a contributing factor. The problem addressed in this study is the negative environment of mistrust between law enforcement and the public that can make it difficult for an officer to do their job …

Relationship Between Police Officers’ Sleep Quality, Burnout From Shift Work, And Intention To Leave Law Enforcement, Misty Ladd

Walden Dissertations and Doctoral Studies

Occupational stressors in police work are abundant, and high rates of attrition make the recruiting and maintaining of a qualified force challenging. The increased risks that overnight officers face with regard to their mental and/or physical health warrant further research to ensure that burnout does not interfere with officers’ well-being or performance. The purpose of this quantitative nonexperimental study was to examine whether sleep quality for police officers involved in shift work leads to burnout or the intention to leave law enforcement. Shift work theory and Kundi’s destabilization theory provided the framework for the study. Archival data from 212 police …

Exploring The Impact Of Student Conduct Models On Student Development At Hbcus, Deona Cureton

Walden Dissertations and Doctoral Studies

The effectiveness of the student conduct approaches of the mixed method model, a mixture of restorative justice and traditional sanctioning, and traditional sanctioning, known as the “model code,” in student learning at historically Black colleges and universities (HBCUs) has been largely unexamined in existing literature. This quantitative study examined whether the model code process or a mixed method model process is more effective and efficient in producing learning and accountability. The present study utilized the 28-item questionnaire from the Student Accountability and Restorative Research (STARR) Project, a multicampus study conducted in 2011 in the United States. In the current study, …

Pandemic, Politics, And Public Opinion About Crime, Lisa Kort-Butler

Department of Sociology: Faculty Publications

Prior scholarship links ontological insecurities, racial tensions, and health issues to public opinion about crime. This project examined these forces in the context of the 2020 pandemic, racial justice demonstrations, and politics using data from the Nebraska 2020 survey (N=2775). Pandemicrelated insecurities and racial animus were associated with avoiding places in the community, worry about crime, and the belief that police in one’s community are underfunded. Trusting politicians but distrusting health leaders, and viewing COVID as an economic threat but not a health threat were associated with the belief police are underfunded. Results suggest that the politicization of the pandemic …

Social Workers’ Perceptions On Partnering With Police To Address Violent Police Encounters Towards African Americans, Adrian Springfield

Walden Dissertations and Doctoral Studies

Research documents the pervasiveness of violent police encounters towards African Americans in the United States and importance of a multidisciplinary approach between social workers and police to prevent police violence. However, little is known about social workers perceptions and experiences on partnering with police to address violent police encounters towards African Americans. Informed by Tuckman’s group formation theory and Bell’s critical race theory, the purpose of this generic qualitative inquiry study was to explore social workers in the United States perceptions and experiences on partnering with police to address violent police encounters toward African Americans. Using semistructured interviews, data was …