Digital Commons Network^™

Parens Patriae After The Pandemic, Meredith Johnson Harbach

North Carolina Law Review

No abstract provided.

Stephen’S Prudent Person And The Standard Of Proof In Indian Evidence Act Jurisdictions, Siyuan Chen

Singapore Law Journal (Lexicon)

Sir James Fitzjames Stephen’s Indian Evidence Act of 1872 remains on the statute books of many Commonwealth jurisdictions. The contents of the statute have also remained largely intact. Unsurprisingly, then, there has been a growing chasm between what the statute provides for and how the common law rules on evidence have developed. However, the statute’s treatment of the concept of standard of proof has arguably been more sophisticated than what the courts have given credit for. In this article, it is argued that a return to the statute’s original conception of standard of proof will go some way in alleviating …

Valedictory Reference In Honour Of Justice Andrew Phang: Compilation Of Valedictory Addresses For Justice Andrew Phang, Hon. Sundaresh Menon, Indranee Rajah, Lucien Wong, Hon. Yihan Goh, Adrian Tan, Davinder Singh, Scott Tan, Hon. Andrew Phang

Singapore Law Journal (Lexicon)

On 15 December 2022, Justice Andrew Phang retired from the Supreme Court Bench. To pay tribute to Justice Phang’s 18 years of service, a Valedictory Reference was convened on 28 November 2022. The following is a collection of speeches delivered at the event by distinguished members of the Bar – a fitting tribute to celebrate Justice Phang’s outstanding contributions to local jurisprudence and legal scholarship, and the indelible mark he left on the lives of those around him.

The Slow Race: Achieving Equity Through Legislative And Agency Minority Impact Statements, Jancy Nielson

Minnesota Journal of Law & Inequality

No abstract provided.

The Court’S One-Way Street: L.S. Ex Rel. Hernandez V. Peterson’S Missed Opportunity To Expand Children’S Constitutional Rights, Kona Keast-O’Donovan

Minnesota Journal of Law & Inequality

No abstract provided.

Keep Your Hands Off My Fingerprints: How State Constitutionalism Can Stop On-Site Fingerprinting Dragnets, Roger Antonio Tejada

Minnesota Journal of Law & Inequality

No abstract provided.

Debunking The Skepticism Of International Law: An Application Of The Three Dominant Paradigms Of Sociology To Public International Law, Christian Jay Myers

Penn State Law Review (2003 - Present)

No abstract provided.

Criminal Law—Federal Conspiracy Law—Changing The Withdrawal Standard For Members Of A Conspiracy, Matthew N. Rose

University of Arkansas at Little Rock Law Review

No abstract provided.

Terrible Freedom, Ambiguous Authenticity, And The Pragmatism Of The Endangered: Why Free Speech In Law School Gets Complicated, Len Niehoff

Hofstra Law Review

The article explores the complexities surrounding free speech in law schools, highlighting the challenges and controversies that arise in relation to guest speakers, student protests, student group agendas, faculty expression, and speech on student listservs. The author argues that understanding the dynamics of free speech in law schools requires considering factors such as the nature of private law schools, the suspension of authenticity, and the diverse life experiences of students.

Standing Back And Standing Down: Citizen Non-Cooperation And Police Non-Intervention As Causes Of Justice Failures And Crime, Paul H. Robinson, Jeffrey Seaman, Muhammad Sarahne

Hofstra Law Review

The article discusses the failures of the American justice system to find and punish offenders for the majority of serious crimes. It highlight the low clearance and conviction rates for crimes such as murder, rape, and assault. It further argues that these failures of justice have practical consequences on crime rates and also disproportionately affect racial minorities and low-income communities.

#Metoo In Prison, Jenny-Brooke Condon

Washington Law Review

For American women and nonbinary people held in women’s prisons, sexual violence by state actors is, and has always been, part of imprisonment. For centuries within American women’s prisons, state actors have assaulted, traumatized, and subordinated the vulnerable people held there. Twenty years after passage of the Prison Rape Elimination Act (PREA), women who are incarcerated still face shocking levels of sexual abuse, harassment, and violence notwithstanding the law and policies that purport to address this harm. These conditions often persist despite officer firings, criminal prosecutions, and civil liability, and remain prevalent even during a #MeToo era that beckons greater …

Litigating Innocence: Why Systemic Reforms Are Needed To Exonerate Innocent, Pro Se Individuals, Bailey Martin

Minnesota Journal of Law & Inequality

No abstract provided.

Developing Your 3 E'S: Engage, Elevate And Expand Your Student Ambassador Program, Samantha Giordano

Faculty and Staff Publications & Presentations

No abstract provided.

Ready. Aim. Fire! The Eleventh Circuit Takes Its Shot At The Second Amendment’S Application To Illegal Aliens, Elizabeth Mcdaniel

Mercer Law Review

The United States Court of Appeals for the Eleventh Circuit was faced with a constitutional question involving the People and the Second Amendment of the Constitution in United States v. Jimenez-Shilon. The issue was whether 18 U.S.C. § 922(g)(5)(A), (the Statute) which prohibits illegal aliens from possessing firearms, violates the Second Amendment. Relying on the historical context of the Constitution and prior Supreme Court caselaw concerning the Second Amendment, the Eleventh Circuit held it does not. While this case was one of first impression in the Eleventh Circuit, the constitutionality of the Statute has now been litigated in nine …

The Fourth Amendment Without Police, Shawn E. Fields

University of Chicago Law Review

What role will the Fourth Amendment play in a world without police? As academics, activists, and lawmakers explore alternatives to traditional law enforcement, it bears asking whether the amendment primarily tasked with regulating police investigations would also regulate postpolice public safety agencies. Surprisingly, the answer is often no. Courts are reluctant to recognize protections from government searches or seizures outside criminal investigations, and they are even more reluctant to require probable cause or a warrant for such conduct. Thus, by removing most public safety functions outside the criminal sphere, abolitionists also move intrusive government conduct outside these traditional strictures and …

Dark Clouds Looming: The Uncertain Safety Of Welfare Benefits For Probationers And Parolees, Anthony M. Whalen

Missouri Law Review

How much is thirty dollars per month worth to the average American? For many, it is not much—it can be the cost of a streaming subscription or a ticket to a baseball game. For others, however, thirty dollars is the cost of freedom from incarceration. In January 2019, Randall Graves failed to meet the conditions of his probation, which required that he pay a monthly intervention fee of thirty dollars to the Department of Corrections instead of serving his six-year prison sentence. To some, thirty dollars may not be worth much, but to Graves, it was a metric of freedom.

Match Up: Increasing Disclosure Of Facial Recognition Technology With Criminal Discovery Rules, Paget Barranco

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Student Evaluations Of Teaching Are Mostly Awfully Wrong, Noel Otu, Ntiense E. Otu

Criminal Justice Faculty Publications

Student evaluations of teaching (SETs) have been used, researched, and debated for many decades. It is a common practice in higher education institutions, with the supposed purpose of improving course quality and effectiveness, but with unintended consequences of encouraging and motivating poor teaching and causing grade inflation. There is strong evidence that SET “effectiveness” does not measure teaching effectiveness. This paper reviews empirical research examining common concerns about the usefulness (positive and negative) and accuracy of SETs. The findings reveal that student satisfaction relates to their anticipated/expected grades in their courses; hence, they want to get good grades and their …

Ciranda, A Circle Of Encounter: Reflections On A Decolonial Pedagogical Activity On Human Rights Discourses With Latinx Students, Jesica S. Fernandez, James Moura Ferreira Jr.

Ethnic Studies

In the United States, approximately one in five college students are of Latinx¹ descent or identify as Latinx. The representation of Latinx in higher education has been steadily increasing in recent years. However, the trend slightly decreased during the 2021 academic year because of the COVID-19 pandemic. Recent reports indicate that some Latinx students are postponing higher education to support and care for their families (Marshall et al. 2021). In the context of providing Latinx students with meaningful learning opportunities that foster a sense of community, alongside a critical consciousness, we facilitated a decolonial pedagogical activity to help …

(Re)Envisioning Factors Contributing To Black Men’S College Success: An Ecological And Critical Reflection Using Photovoice, Collette Brown Rogers

Dissertations

This research uses modified photovoice combined with an ecological and antideficit approach to amplify the voices of Black men who have completed college degrees. The study explores the question: What factors contribute to college completion for Black men? Using a qualitative approach and the Ethos platform to collect images, photo captions, and critical reflection data from a purposive sample of five Black men. Data analysis included inductive and deductive coding, data organization within the ecological systems, and member checking to validate the findings. The study acknowledges the unique challenges Black men face in pursuing higher education. It emphasizes the importance …

Jane Crow Constitutionalism, Evan D. Bernick

Northern Illinois University Law Review

On June 24, 2022 The United States Supreme Court issued its decision on Dobbs v. Jackson Women’s Health Organization; overturning Roe v. Wade, and destroying fifty years of precedent to protect the constitutional right to abortion in the United States. This overturning sets a dangerous, new precedent that reinforces the State’s control of reproduction, and criminalizes a woman’s right to choose, with very few exceptions. In states like Mississippi, Black women are already experiencing the highest rates of maternal mortality, incarceration, and poverty.

This article posits that Dobbs operates to maintain a racialized and gendered underclass, and names this phenomenon …

Adopting Nationality, Irina D. Manta, Cassandra Burke Robertson

Washington Law Review

Contrary to popular belief, when a child is adopted from abroad by an American citizen and brought to the United States, that child does not always become an American citizen. Many adoptees have not discovered until years later (sometimes far into adulthood) that they are not actually citizens, and some likely still do not know. To address this problem, the Child Citizenship Act of 2000 (CCA) was enacted to automate citizenship for certain international adoptees, but it does not cover everyone. Tens of thousands of adoptees still live under the assumption that they are American citizens when, in fact, they …

On Bringing Alternative Methods To Legal Research Instruction, Tanya M. Johnson

Northern Illinois University Law Review

Legal research is typically taught in a predictable, traditional way, but this doctrinal approach does not provide the skills and techniques needed for research in support of social justice efforts. This essay discusses a legal research course that I teach called Research for Social Justice, which incorporates critical and alternative methodologies that are not usually taught in legal research classes. After describing the content of the course, I focus on explaining what alternative legal research would entail, including a discussion of some alternative methods and strategies that I teach in my course with the goal of introducing students to a …

Seminarians In The Person-Of-The-Therapist (Pott) Training : A Phenomenological Study, Tomichan Moonnanappillil

Dissertations

This dissertation presented a transcendental phenomenological study conducted among eight seminarians in one of the theological schools in Southern Texas, who attended the personof-the- therapist (POTT) training program during the fall semester of 2019. This study aimed to examine seminarian participants' experiences in POTT training, their influence on their selfawareness, and their impact on their emotional maturity and the ability to make responsible life choices. The study was guided by an existential-humanistic philosophical orientation as an overarching theoretical orientation with the subjective epistemological worldview and socialconstructionism paradigm. Findings indicated POTT training positively impacted seminarian participants' human formation, which was foundational …

Racializing Algorithms, Jessica M. Eaglin

Articles by Maurer Faculty

There is widespread recognition that algorithms in criminal law’s administration can impose negative racial and social effects. Scholars tend to offer two ways to address this concern through law—tinkering around the tools or abolishing the tools through law and policy. This Article contends that these paradigmatic interventions, though they may center racial disparities, legitimate the way race functions to structure society through the intersection of technology and law. In adopting a theoretical lens centered on racism and the law, it reveals deeply embedded social assumptions about race that propel algorithms as criminal legal reform in response to mass incarceration. It …

Easy Victims Of The Law: Protecting The Constitutional Rights Of Juvenile Suspects To Prevent False Confessions, Tayler Klinkbeil

Child and Family Law Journal

The inherently coercive nature of custodial interrogation is the very reason the Supreme Court handed down the famous Miranda v. Arizona decision; the court recognized the increased vulnerability that suspects under questioning are subjected to when placed in a situation designed to elicit incriminating information.¹ Legal scholars and judiciaries alike agree that the likelihood of police questioning resulting in a false admission of guilt or self-incriminating statements is disproportionately more probable if the subject of the questioning is a minor.² The constitutional protections that are afforded to juvenile suspects subjected to custodial interrogations are those set out in …

Pathways To Offending: Domestic Sex Trafficking, Julie Williams

Dissertations

Multidisciplinary professionals across criminal justice, public policy, education, and health and

human services have all attempted to understand the complex phenomenon of sex trafficking to assist victims, correct offenders, and prevent future abuse. However, current research has struggled to agree on terms, definitions of terms, best measures of prevalence, and recommendations to address sex trafficking in the United States. This review of current literature aims to offer a synthesized framework to conceptualize domestic sex trafficking perpetrator behaviors (what they do), their uses of force, fraud, and coercion (how they do it), and their motivations and justifications/rationalizations for those behaviors (why …

Analysis Of Polymer-Coated Bullets Using Spectroscopic Methods, Liana R. Albano

Student Theses

Polymer-coated bullets have gained popularity because they can reduce the user’s exposure to heavy metals in the ammunition. The synthetic jacket, which surrounds the lead core, is advantageous because it prevents metal-on-metal contact between the bullet and the bore. A challenge for firearms identification is that polymer-coated bullets do not retain unique markings that can be used to identify the gun, the way standard metal-coated bullets do. However, metal-coated bullets will result in a similar challenge if the bullet is too deformed once it is recovered. Another issue is that the composition of the polymer coating was never disclosed by …

Impact Of Blood Preservatives And Anticoagulants On Cannabinoid Quantitative Analysis, Bridget O'Leary

Student Theses

The expanded use of recreational and medicinal cannabis products, as well as the appearance of new cannabinoid derivatives, increases the importance of implementing pre-analytical (sample collection) protocols and the development of recommendations for cannabinoid testing in biological samples. The accurate quantification of cannabinoids in biological samples is critical for providing a correct result interpretation, especially if specific thresholds have been legally set, as in drugs and driving cases in certain states. Previous studies have mainly focused on the impact of time and temperature on the stability of delta-9-tetrahydrocannabinol (delta-9-THC) and metabolites in blood samples; however, the influence of the type …

Out Of The Shadows: What Social Science Tells Us About The Shadow Docket, Nicholas D. Conway, Yana Gagloeva

Nevada Law Journal

No abstract provided.