Digital Commons Network^™

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

Nevada Law Journal

No abstract provided.

The Capital Shadow Docket And The Death Of Judicial Restraint, Jenny-Brooke Condon

Nevada Law Journal

No abstract provided.

Issues In Implementing Special Domestic Violence Criminal Jurisdiction In Alaska's Tribal Courts, Danika Watson

Alaska Law Review

Until 2022, all but one of the 229 Alaska tribes were barred from special domestic violence criminal jurisdiction (SDVCJ): Congress's jurisdictional tool for tribal courts to address domestic violence and hold perpetrators of violence against Alaska Native women criminally accountable. The reauthorization of the Violence Against Women Act (VAWA) in 2022 brought SDVCJ to Alaska's rural Native communities. This landmark achievement was made possible by decades of advocacy from Alaska's tribal, state, and federal leadership. In the wake of VAWA 2022, Alaska tribes and tribal justice systems face several significant legal, political, and cultural challenges. This Article outlines the legal …

Perceptions Of Major Barriers On The Leed Scorecard Preventing Projects From Reaching The Platinum Level, Gavin R. Beadle

Construction Management

This paper is an overview of the main barriers faced by general contractors when working with the LEED Scorecard on their projects. Oftentimes projects either do not chase LEED certification or are held up at the gold or silver certification levels, never making it to the highest-level being platinum. The purpose of this paper is to identify the main factors general contractors are facing causing their projects to be held up at a lower certification level or not certified at all. In addition to examining the main factors, some specific credits on the scorecard will also be examined that are …

Understanding And Applying Sar To Ideological And Nation- State-Sponsored Cybercrimes, Thomas J. Holt, Steve Chermak, Joshua D. Freilich, Emily Greene-Colozzi, National Counterterrorism Innovation, Technology, And Education Center

Reports, Projects, and Research

The use of computer hacking, malicious software, and other forms of cyberattacks against U.S. infrastructure has increased dramatically since the 1990s. Many of these attacks target corporations and individuals for instrumental economic gain, such as the theft of personal information for use in fraud. Ideologically motivated attacks also occur, though the degree to which they are understood or documented is generally limited. For instance, jihadi groups have expressed an interest in cyberattacks since the early 2000s (see Holt et al., 2022). Similarly, DHS (2009) noted in the late 2000s that they expected cyberattacks from environmental or animal liberation-focused groups to …

Facilitating Suspicious Activity Reporting At The Community Level, Karyn Sporer, Brooke Buxton

Reports, Projects, and Research

The purpose of this report was to identify how the Department of Homeland Security (DHS) and other law enforcement agencies can leverage community partnerships to help counter targeted violence and to provide actionable insights on what technological, social, and financial barriers exist for families of extremists in reporting suspicious activities.

A Proportionality Analysis Should Govern Home Rule Disputes, Darien Shanske, David A. Carrillo

Cardozo Law Review

Despite more than a century of reform, state constitutional law governing the state–local relationship remains unsatisfactory. Current doctrine governing intrastate federalism struggles with the same issues as the more familiar interstate federalism doctrine does: in both contexts courts have failed to choose between categorization and balancing. Two recent trends highlight this unsatisfactory pocket of state constitutional jurisprudence. One is hyperpreemption, where punitive state laws override local regulations and invade traditional zones of local police power. The other pressure point is the nationwide housing crisis, which provokes intrastate conflict when state governments act to preempt local zoning to permit more, denser, …

How To Alleviate The Repercussions Of Wrongful Convictions: Holistically Righting The Wrongs Of Inadequate Compensation Statutes, Marissa Cohen

Cardozo Law Review

No abstract provided.

Disinformation And The Defamation Renaissance: A Misleading Promise Of “Truth”, Lili Levi

University of Richmond Law Review

Today, defamation litigation is experiencing a renaissance, with progressives and conservatives, public officials and celebrities, corporations and high school students all heading to the courthouse to use libel lawsuits as a social and political fix. Many of these suits reflect a powerful new rhetoric—reframing the goal of defamation law as fighting disinformation. Appeals to the need to combat falsity in public discourse have fueled efforts to reverse the Supreme Court’s press–protective constitutional limits on defamation law under the New York Times v. Sullivan framework. The anti–disinformation frame could tip the scales and generate a majority on the Court to dismantle …

Witnessing Academic Dishonesty And Student’S Satisfaction With Learning, Motivation For Studying And Evaluation Of Faculty, Dawoon Lee

Student Theses

Academic dishonesty has been a long-term problem in secondary and higher education. Previous studies reported that an average of two-thirds of students reported that they have engaged in academic dishonesty in high school or college. This study explored witnessing academic dishonesty and its influence on students' experiences in the learning environment. The hypothesis is that witnessing academic dishonesty will negatively impact the student’s satisfaction with learning, motivation for studying, and evaluation of faculty. In conducting the study, participants (N = 250) completed an online survey assessing their satisfaction with learning, motivation for studying, and evaluation of faculty. Participants also reported …

Dna Shedding Propensity And Individual Characteristics, Genesis Echavarria

Student Theses

This study attempted to correlate individual biological characteristics to the amount of DNA recovered from a person’s hands (representative of shedding propensity). We used adhesive D-Squame tape to collect DNA from the fingers of more than 100 volunteers with and without controlled activity after handwashing. Two no-activity samples were taken after 30 min from the non-dominant hand and two samples from the dominant hand were collected after 60 min of controlled activity. Involuntary touches during the 60-min activity period were counted. All samples were extracted for DNA, quantitated, and genotyped to detect mixtures. Skin measurements for hydration, sebum, and melanin …

Open Fire: The Expansion Of 9mm Hollow Point Bullets In Relation To Tissue Thickness, Abigail Wilson

Student Theses

Bullets can be broadly differentiated into jacketed and unjacketed groups. Jacketed ammunition can be further broken down based on the bullet’s design, one of which is hollow points. This research examines a representative brand of jacketed hollow point bullets used in a common caliber cartridge, the 9mm Luger. A jacketed hollow point bullet is designed to expand when it encounters a viscous medium such as tissue. This experiment simulated tissue using ballistic gelatin and simulated skin using a chamois overlay. As a positive and negative control, a series of bullets were fired into a full-size block of gelatin to achieve …

Comparison Of Hydrolysis Efficiency And Performance Of Four Recombinant Β- Glucuronidase Enzymes For The Detection Of Opioids In Urine Samples By Lc-Ms/Ms, Christina Fernandez

Student Theses

The United States has been experiencing a nationwide public health crisis since introducing prescription opioids in the 1990s. A central problem with opioids is their highly addictive nature causing a dose-dependent respiratory depression leading to overdoses and deaths. Drug overdose deaths have risen in the past two decades, with opioids being the dominant driver of this epidemic. Given the circumstances, accurate and efficient confirmatory analysis of opioids in urine is essential to monitoring patients’ compliance and preventing drug diversion in clinical and forensic settings. The development of recombinant β-glucuronidases allows for the hydrolysis of glucuronidated opioids using a shorter incubation …

Extraction Of Challenging Forensic Samples Using The Microgem Dna Extraction Kit, Falyn R. Vega

Student Theses

In forensic science, DNA extraction can be a tedious and resource-intensive process. Extraction with Proteinase K is an industry standard but has its drawbacks, such as requiring multiple ionic detergents and washing steps. MicroGEM has developed a new enzyme called forensicGEM that is temperature-dependent and compatible with mesophilic enzymes, offering complete DNA extraction in about 20 minutes in a single tube, limiting contamination, loss of sample, and working time. ForensicGEM can extract DNA from highly degraded samples, potentially leading to more complete STR profiles. Highly degraded tissue and bone samples were collected and extracted with the forensicGEM …

Detection Of Delta-9-Tetrahydrocannabinol And Cannabidiol In Utero Exposure By Umbilical Cord Analysis, Emily Pagano

Student Theses

With the rising consumption of cannabis and cannabinoid-containing products among different demographics, including pregnant women, it is increasingly necessary to develop analytical tools to be able to determine prenatal cannabis exposure. The aim of this study was to develop and validate a sensitive and specific method, using umbilical cord, to determine in utero exposure to delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD). After homogenization and hydrolysis, samples were extracted using liquid-liquid extraction and analyzed by liquid chromatography-tandem mass spectrometry (LC-MSMS). MS analysis was performed in electrospray ionization negative mode and two multiple reaction monitoring (MRM) transitions were monitored per analyte. The linearity …

Identification Of Different Hair Dyes In Dyed Hair Using Attenuated Total Reflectance (Atr Ft-Ir), Surface Enhancing Raman Spectroscopy (Sers) Techniques, Nicholas Lovera

Student Theses

This investigation compares the ability of Attenuated Total Reflection Fourier Transfer Infrared Spectroscopy (ATR FT-IR) and Surface Enhance Raman Spectroscopy (SERS) to identify and differentiate different hair dye brands on dyed hair samples. Hair is a common type of trace evidence found at crime scenes and can provide numerous information through forensic hair analysis. Cosmetic hair treatment such as dying the hair different colors has grown and became popular, thus it can be a very common type of trace evidence. This study can provide a forensic scientist an additional method for analyzing dyed hair samples. The goal was to compare …

Attorneys’ Questions About Time In Criminal Cases Of Alleged Child Sexual Abuse, Mckenna N. Cameron

Student Theses

In cases of alleged child sexual abuse, information about the timing of events is often needed to establish a timeline, determine specific charges, or establish witness credibility (Lyon et al., 2017). However, past developmental laboratory research has demonstrated that children struggle to provide accurate and reliable testimony about time, and there is currently a lack of field research examining how attorneys actually question child witnesses about time in court (Friedman, 1991; Wandrey et al., 2012). The current study analyzed 73 trial transcripts from cases of alleged child maltreatment containing a child witness between the ages of 5 to 17 years …

Making Matters Worse: An Analysis Of Paragraph 22(2)(I) Of The Child And Family Services Act, Sophie Fiddes

Dalhousie Journal of Legal Studies

The 2017 amendments to Nova Scotia’s Child and Family Services Act were made with the purported purpose of better protection of children. This paper assesses the amendments to paragraph 22(2)(i) and the addition of subsection 24(2) to the Act that changed the law in relation to children who are exposed to intimate partner violence. This paper argues that the amendments have had a negative effect on children and their families, resulting in an increase of children in temporary care since 2017. The paper concludes that intimate partner violence would be better addressed by placing domestic violence considerations in the best …

A Juror’S Religious Freedom Bill Of Rights, Antony Barone Kolenc

BYU Law Review

The prosecution of Democrat Congresswoman Corrine Brown for campaign corruption was perhaps the most significant and dramatic political trial ever to hit Northeast Florida—and that was before the Holy Spirit showed up and spoke to Juror 13 during deliberations. The Brown case is the springboard for the article’s focus on a juror’s right to religious liberty, one of the nation’s most precious constitutional rights. The Article addresses first principles behind the process of jury selection in the United States, as well as the importance and safeguarding of religious liberty in the U.S. Constitution. It then proposes six tenets to be …

Walls Or Bridges: Law’S Role In Conflicts Over Religion And Equal Treatment, Martha Minow

BYU Law Review

Presented as the Bruce C. Hafen Lecture, Brigham Young University Law School January 18, 2023

“[D]o you see religion as a club or do you see religion as a path? Do you see it as a wall that separates you or do you see it as a bridge that connects you to God and other people?

— Keith Ellison1

Adolescent Brain Development: Research, Law, And Policy For Consideration In Immigration Proceedings, Sarah J. Diaz Jd, Llm, Peggy Frazier, Xiaorong Jajah Wu

Center for the Human Rights of Children

No abstract provided.

Commencement Exercises Roger Williams University Class Of 2023, Roger Williams University, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

Law Without Order, Then Too Much Order, Then Not Enough?, Ronald Weich

All Faculty Scholarship

No abstract provided.

The Relationship Between Sexting Behaviors And Image-Based Sexual Abuse (Ibsa): Does Sexting Predict Ibsa?, Seunghye Yang

Student Theses

With development of technology, Image-Based Sexual Abuse (IBSA), a new type of sexual abuse, has emerged. It is defined as nonconsensually creating nude or sexual images of others; nonconsensually distributing nude or sexual images of others; and threatening to distribute nude or sexual images of others (Henry & Flynn, 2019; Powell et al., 2019). As this is a relatively new phenomenon, risk factors for IBSA are not yet well understood. It has been suggested that sexting may be a risk factor for IBSA as the two behaviors share some common characteristics. For example, both sexting and IBSA involve sending or …

Tfr 15.2 Full Issue

The Foundation Review

No abstract provided.

Systems-Change Philanthropy: It’S Essential, And It’S Our Responsibility, Emily Bhandari, Alison Mohr Boleware, Octavio N. Martinez Jr.

The Foundation Review

The Hogg Foundation for Mental Health’s mission is to transform how communities promote mental health in everyday life. Policy engagement — fundamental to improving the social and structural determinants of mental health — has always been a strategic priority for the foundation, which has become a trusted resource for mental health and substance use policy issues in Texas. Yet, the state’s mental health and substance use policy community is limited in size, capacity, and training.

To address that reality, the Hogg Foundation for Mental Health Policy Academy and Policy Fellow Initiative was launched to invest in a mental health policy …

Exclusionary Rules And Deterrence After Vega V. Tekoh: The Trend Toward A More Consistent Approach Across The Fourth And Fifth Amendments, Eugene R. Milhizer

Nebraska Law Review

The sound and fury of the U.S. Supreme Court decisions announced in the 2022 term obscured Vega v. Tekoh, in which the Court held that a violation of the Miranda rights warning and waiver requirements does not provide a basis for claiming a denial of rights under 42 U.S.C. § 1983. While Tekoh’s rejection of Miranda protections for § 1983 claims may ultimately prove to be significant, of far greater potential import is the Court’s rationale in support of its holding, which was premised on its assessment of the inadequacy of deterrent benefits that would be obtained by allowing …

Survival Homicide, Michal Buchhandler-Raphael

Cardozo Law Review

A significant number of women who are incarcerated in American prisons for homicide offenses have been subjected to various forms of domestic abuse, including physical, sexual, and psychological abuse. This Article coins the term “survival homicide” to refer to cases where survivors of substantial and repeated domestic abuse kill abusive intimate partners or other abusive family members in circumstances where the abuse significantly contributed to their act. Abuse survivors are often prosecuted for murder and are over-punished by the criminal legal system.

Existing legal frameworks underlying survival homicide rest on exercising considerable discretion by various institutional actors, including prosecutors, juries, …

Prison Housing Policies For Transgender, Non-Binary, Gender-Non-Conforming, And Intersex People: Restorative Ways To Address The Gender Binary In The United States Prison System, John G. Sims

University of Richmond Law Review

“[I]t was the end of the last quarter of 2019 where I was able to drop the lawsuit against the correctional officer who had sexually harmed me when I knew . . . that the carceral state is not the way for me to find healing . . . . I was not going to seek my transformation and restoration through this system.”

Each year, rhetoric and legislation attacking transgender, non-binary, gender non-conforming and intersex individuals seemingly grows louder. Many political institutions in the United States perpetuate and enable the oppression of these individuals, one of which is the United …

Rebraiding Frayed Sweetgrass For Niijaansinaanik: Understanding Canadian Indigenous Child Welfare Issues As International Atrocity Crimes, Alyssa Couchie

Michigan Journal of International Law

The unearthing of the remains of Indigenous children on the sites of former Indian Residential Schools (“IRS”) in Canada has focused greater attention on anti-Indigenous atrocity violence in the country. While such increased attention, combined with recent efforts at redressing associated harms, represents a step forward in terms of recognizing and addressing the harms caused to Indigenous peoples through the settler-colonial process in Canada, this note expresses concern that the dominant framings of anti-Indigenous atrocity violence remain myopically focused on an overly narrow subset of harms and forms of violence, especially those committed at IRSs. It does so by utilizing …