Digital Commons Network^™

Judicial Diversity In Colorado: Increasing Representation Through Innovation, Monica M. Marquez Honorable, Sumi Lee

Denver Law Review

Research documents that diversity on the bench improves judicial decision-making, improves access to justice, and strengthens the rule of law. However, until 2019, no formal programs to increase judicial diversity existed within the Colorado Judicial Branch. In 2019, Colorado enacted legislation establishing an innovative, full-time judicial diversity outreach program that utilizes data and research to develop pipeline programs and amplify its impact through increased community engagement. Now, five years later, Colorado’s state court bench is more diverse than ever before. This Article discusses the development of the Judicial Diversity Program in Colorado and best practices for other states interested in …

Passing The Buck: The Perils Of Oklahoma V. Castro-Huerta, Adam Crepelle, Timothy Purdon, Brendan Johnson

Denver Law Review

The Supreme Court’s 2022 decision in Oklahoma v. Castro-Huerta upended federal Indian law by allowing states to prosecute crimes involving Indians committed in Indian country. Castro-Huerta created a concurrent jurisdiction over Indian country crimes involving non-Indians. While concurrent jurisdiction increases the number of law enforcement agents with jurisdiction, it also creates opportunities for those law enforcement agents to shirk responsibility. Neither state nor federal law enforcement is accountable to tribes, so Castro-Huerta is likely to create a pass the buck mentality among non-Indian law enforcement. Moreover, there is little to indicate expanding state authority over tribes will benefit Indians. In …

Immigration Enigma: Intersections Between Immigration Status And Minimum Mandatory Sentences In Home Rule Municipalities, Dylan Fair

Denver Law Review

Immigration law is a complicated and constantly evolving legal landscape. When non-citizens are accused or convicted of a misdemeanor crime the two most important potential consequences are inadmissibility or deportation. This Comment will look at two major triggers for deportation and inadmissibility. First, “significant misdemeanors,” or crimes that carry a potential jail time of 365-days or higher, immediately initiate inadmissibility or deportation proceedings. Second, crimes that are classified as Crimes Involving Moral Turpitude also automatically trigger immigration consequences. Because these immigration charges are litigated in criminal courts, to be effective counsel criminal defense lawyers need to take certain steps to …

Re-Writing Precedent: An Exploration Of The Negative Impact On Native Rights In The Wake Of Oklahoma V. Castro-Huerta, Brooke Hare

Denver Law Review

The word “sovereignty” implies “freedom from external control” and is synonymous with the terms autonomy, self-determination, and independence. That is, at least, how Merriam-Webster defines the term and how the Supreme Court treated Native Americans through the careful development of over 200 years of case law. The current bench of the Supreme Court, however, had a different perception of how the relationship between federal, state, and tribal governments should function. In its decision in Oklahoma v. Castro-Huerta, the majority decided the state now has authority to prosecute crimes traditionally reserved for the federal government. This decision incorrectly frames the jurisdictional …

Vol. 101, No. 2: Full Issue, Denver Law Review

Denver Law Review

No abstract provided.

An Examination Of The Utilization Of Programming For Female Delinquency Prevention In Jamaica, Regan R. Reid

All Dissertations

Little to no academic inquiry has examined interventions targeting girls involved in the justice system in Jamaica. This qualitative study asked: (1) How do girls in conflict with the law in Jamaica experience victimization? (2) How does the justice system respond to girl offenders who have also been victims? (3) What are the needs of girls in conflict with the law in Jamaica? (4) What programs exist specifically for girls in conflict with the law? (5) How effective have existing programs been for girls in conflict with the law, and do outcomes vary across education levels and settings (i.e., rural …

Exploring Intersectional Differences In Employment And Desistance, Rachel Novick

Legacy Theses & Dissertations (2009 - 2024)

Employment is critically important to the re-entry process for most recordholders, as a standard condition of their community supervision agreement, as a turning point, and as a way to solidify new prosocial identities in the desistance process. However, seeking and maintaining gainful employment is easier for some recordholders than others. Prior research suggests that applicant race and gender impacts employment opportunities and outcomes. It is also the case that desistance may look different based on the race and gender of the recordholder. Thus, it may be the case that the relationship between desistance and employment varies for recordholders of different …

The Legislative Impacts Of The Trafficking Victims Protection Act And The Trafficking Victims Protection Reauthorization Act Of 2017, Kathryn Thompson

ALL - Honors Theses

In the past two decades, the issue of human trafficking has grown more prominent around the world (Mollema, 2015). According to the Polaris Project, a nonprofit organization dedicated to fighting human trafficking as well as educating the world on the dangers of human trafficking analyzed data from the Human Trafficking Hotline found that in the year 2021, there were roughly 10,359 cases of human trafficking in the United States with about 16,554 victims (Polaris Project,2022). Out of these cases, approximately 72% (7,498) of them were related to sex trafficking, with the top type of trafficking out of all cases being …

A Framework For Creating Systems Change, William Brown, Wynn Rosser

The Foundation Review

This article draws on a system-change framework developed by the Nicholson Foundation as part of a 20-year initiative to substantively change the state of New Jersey’s health and social welfare systems, and modifies and expands a single case study on system change to align with related ideas and concepts. A results-based accountability approach is integrated into the model to draw attention to the importance of monitoring and evaluation of population-based outcomes.

Drawing on extensive literature from systems change and performance management, the discussion provides insight and perspective on contemporary frameworks in systems change and the role of grantmaking foundations. The …

Proving Actionable Racial Disparity Under The California Racial Justice Act, Colleen V. Chien, W. David Ball, William A. Sundstrom

UC Law Journal

Racial disparity is a fact of the United States criminal justice system, but under the Supreme Court’s holding in McCleskey v. Kemp, racial disparities—even sizable, statistically significant disparities—do not establish an equal protection violation without a showing of “purposeful discrimination.” The California Racial Justice Act (CRJA), enacted in 2020 and further amended in 2022, introduced a first-of-its-kind test for actionable racial disparity even in the absence of a showing of intent, allowing for relief when the “totality of the evidence demonstrates a significant difference” in charging, conviction, or sentencing across racial groups when compared to those who are “similarly situated” …

The Illusion Of Due Process In School Discipline, Diana Newmark

William & Mary Bill of Rights Journal

Long-term suspensions and expulsions can be enormously consequential for students and their families. Not only do exclusionary disciplinary measures directly result in lost learning opportunities for children, but school discipline decisions can also result in significant collateral consequences. These consequences range from lower rates of graduation and higher rates of contact with the criminal justice system to disruptions in foster care placements, violations of juvenile probation, and even possible immigration consequences for undocumented students.

The Supreme Court has recognized the significance of suspensions and expulsions, requiring due process for such exclusionary discipline measures. But the Supreme Court has never explained …

The Minutes Of The Marshall University Graduate Council Meeting, December 1, 2023, Marshall University Graduate Council

Graduate Council Minutes

No abstract provided.

Sentencing In An Era Of Plea Bargains, Jeffrey Bellin, Jenia I. Turner

North Carolina Law Review

No abstract provided.

Examining The Relationship Between Government Corruption And Internet Freedom In The Republic Of Turkey, Savannah C. Warren

Honors College Theses

Government corruption is a problem found in varying degrees in almost every country around the world. Corruption can be defined as the misuse of public office for private gain. Some examples of government corruption are bribery, theft and tax evasion which all can be found in developing countries costing them trillions of dollars every year. The goal of the current study is to explore the relationship between government corruption and the role of internet freedom, using Turkey as a case study. Internet freedom is a broad term that includes having Internet access, digital rights, net neutrality, and freedom of information. …

Decarcerating Immigrant Detainee Medical Care: A Path To Doctrinal Redemption, Kieran Dosanjh

University of Chicago Law Review

Government detention is a quid pro quo: the government may deprive persons of their physical liberty, but in exchange, it owes them a level of care. The critical question is, how much care does the Constitution require the government to provide? In a series of federal judicial decisions (collectively, the detainee medical care doctrine), courts have found that the Constitution requires different standards of care for different classes of government detainees. These courts’ standard of care for immigrant detainees is erroneous. Modern U.S. immigration detention’s descriptive resemblance to criminal confinement has prompted courts to (wrongly) find that immigrant detainees are …

Auto-Jubilee: A Case For Massive Automatic Driver's License Restoration For Debtor-Suspendees, Daniel Stainkamp

North Carolina Law Review

No abstract provided.

A Survey Of North Carolina's Public Accommodation Ordinances And A Proposal For A Statewide Public Accommodation Law, Becca Pearson

North Carolina Law Review

No abstract provided.

A Public Technology Option, Hannah Bloch-Wehba

Faculty Scholarship

Private technology increasingly underpins public governance. But the state’s growing reliance on private firms to provide a variety of complex technological products and services for public purposes brings significant costs for transparency: new forms of governance are becoming less visible and less amenable to democratic control. Transparency obligations initially designed for public agencies are a poor fit for private vendors that adhere to a very different set of expectations.

Aligning the use of technology in public governance with democratic values calls for rethinking, and in some cases abandoning, the legal structures and doctrinal commitments that insulate private vendors from meaningful …

Outlawing Corporate Prosecution Deals When People Have Died, Peter Reilly

Faculty Scholarship

Two Boeing 737 MAX aircraft crashes, occurring less than five months apart in 2018 and 2019, resulted in 346 deaths—possibly the deadliest corporate crime in U.S. history. The United States Department of Justice (DOJ) used an alternative dispute resolution tool called a deferred prosecution agreement (DPA) to resolve criminal charges against Boeing and to immunize the company’s senior-level managers from prosecution. In the end, the company admitted to engaging in the criminal behavior, paid a monetary fine, and agreed to cooperate fully with the government—meaning there would be no courtroom trial, no formal adjudication of guilt, and no possibility of …

A Perfect Storm For Legal Education: Privatization, Polarization, And Pedagogy, Rachel F. Moran

Faculty Scholarship

Today, the legal profession faces new challenges to its integrity and legitimacy due to technological change, rising political polarization, and a stratified bar. In this Article, I first explore how technological innovations are undermining lawyers’ claims to a unique monopoly based on expert professionalism. These technologies are designed to transform routinized law practice in ways that improve efficiency. With little focus on attorneys’ obligations to serve the greater good, technology entrepreneurs emphasize practical advantages over traditional forms of representation. These proponents promise reduced costs and superior results through a single-minded commitment to market dynamics. Those promises in turn depend on …

Terror And Tenderness In Criminal Law, M. Eve Hanan

Cardozo Law Review

Sentencing reductions, executive pardons, prison release programs, and progressive prosecutors have something in common. In word choice and design, they suggest tempering the violence of criminal law in a limited number of cases. The prisoner may be released early based on a record of good behavior. The President may grant clemency to those sentenced in an earlier era to decades in prison for a drug crime. The prosecutor may recommend drug court rather than a jail sentence to a defendant addicted to illegal substances. In the era of “smart on crime,” reform often comes through expanding these mechanisms of relief …

An Exploration Into Health Equity Discourse In Mississippi: Organizational Commitments And Practitioner Perspectives, Thuy-Vy Lillian Pham

Honors Theses

This thesis takes a sociological approach to examine healthcare workers' beliefs and medical organizations’ solidarity statements related to diversity and equity and how these discourses aligned and/or diverged. Through interviews with healthcare providers in Mississippi and content analysis of solidarity statements, the study finds that discussions on health disparities more frequently addressed socioeconomic inequality rather than systemic racism, diverging from organizational statements. This emphasis may partly stem from the demographics of the study participants, who were predominantly White—which also reflected the staff where they worked. Additionally, while healthcare workers recognized structural issues related to health disparities, they often showed hesitancy …

Comparing Meters To Yards: A Nationally Representative Evaluation Of Gender Bias In Risk Assessment, Zachary Hamilton, Melissa Kowalski, Michael Campagna, Addison Kobie, Alex Kigerl

Criminology and Criminal Justice Faculty Publications

Risk-needs assessments (RNAs) assist correctional staff in assigning supervision and programming. While gender is a well-known predictor of crime, for decades contemporary RNAs have claimed “gender-neutrality” or risk prediction equality for males and females. Unfortunately, females are frequently overclassified, relegated to a category higher than their risks indicate. Using ridge and mixed effects regression methods, we sought to enhance the predictive accuracy of the Modified Positive Achievement Change Tool (MPACT) comparing three common assessment development methods via a 10-state sample of youth (N = 241,596) across multiple justice settings. Findings demonstrated recidivism rates vary substantially by gender and bias/overclassification …

The Nciter Newsletter December 2023, National Counterterrorism Innovation, Technology, And Education Center

Newsletters

NCITE (National Counterterrorism Innovation, Technology, and Education) is the Department of Homeland Security's center of excellence for terrorism prevention and counterterrorism research. They are a federally funded academic consortium based in Omaha, Nebraska. Their newsletters covers the current news, activities, and updates of the center and the latest in counterterrorism research. NCITEr newsletter covers specifically center updates.

Digital Twins In Healthcare: Proactive Regulation To Prevent A “Runaway Train”, Brynn Story

North Carolina Journal of Law & Technology

No abstract provided.

A Conceptual And Applied Analysis Of Treating Severe Problem Behavior And Reducing The Need For Emergency Interventions, James Matthew Nuse

Dissertations

Special education teachers are tasked with ensuring the implementation of a free appropriate public education, which might also include supporting students who demonstrate severe problem behavior (SPB). Often, students with emotional and behavioral disorders are likely to engage in SPB in various forms such as physical aggression and property destruction. While definitions surrounding the term SPB vary, there is a general consensus within the field for interventions to address these types of dangerous behaviors. Unfortunately, students who demonstrate similarly concerning behavior are likely to experience some type of emergency intervention such as physical restraint or seclusion. These practices are problematic …

Examining Oppressive Social Systems: Activism, Academics And Alpha Males, Kristin Dee Vierra

UNLV Theses, Dissertations, Professional Papers, and Capstones

Oppressive social systems are structures and institutions within society that systematically and unjustly restrict the rights, opportunities, and overall well-being of certain groups (Bonilla-Silva, 1997; Feagin, 2013). The current program of research aims to investigate how oppressive social systems impact individuals and explore strategies to address and counteract them. The first paper seeks to understand whether, why, and how people engage in critical action to support Black Lives Matter (BLM). The second paper examines undergraduates' perceptions of whether STEM research mentors should consider race when mentoring students from marginalized backgrounds. The final paper employs a meta-synthesis with the purpose of …

An Analysis Of The Impact And Effectiveness Of Human Trafficking State Laws And Policies In Missouri And Nebraska, Madeleine Mather

Theses/Capstones/Creative Projects

Human trafficking is the use of force, fraud, or coercion to use another person for sex or labor. Human trafficking is a prevalent issue within the United States that is not talked about enough. This leads to a misrepresentation of facts about human trafficking that can lead to common myths related to human trafficking. It is each state’s responsibility to develop laws and policies that protect victims and prosecute offenders justly according to the crime. This research delves into an analysis of Missouri and Nebraska state statutes to determine their effectiveness and assess the level of awareness among residents of …

Capital Punishment, Carlos Wood

Mercer Law Review

In Glossip v. Gross, a 2015 Supreme Court of the United States case that addressed the constitutionality of Oklahoma’s lethal injection protocol, Justice Breyer authored a dissent, joined by Justice Ginsburg, in which he noted the declining use of the death penalty in the United States. Justice Breyer began his dissent by noting the downward trajectory of the number of convictions that resulted in capital sentences. The evidence he cited included the following: from 1986 to 1999, approximately 300 people on average were sentenced to death every year, but in 2000, this number began to decline rapidly. In 2014, …

Events To Record: An Examination Of Required Activation For Body-Worn Cameras, Allison Reed

Honors Theses

There has been a lot of research on the effectiveness of body-worn cameras in policing including the impacts that body-worn cameras have on police officers, individual citizens, and the community. Results from prior literature show that police body-worn cameras are only sometimes highly effective. This project investigates why police body-worn cameras may not be effective by examining the required activation policies. Data for this project derive from the 2016 Law Enforcement Management Administrative Statistics – Body-Worn Camera Supplement (LEMAS-BWCS) study conducted by the Bureau of Justice Statistics. The main components of these data are the required events officers are to …