Digital Commons Network^™

21st Century Churches And Federal Tax Law, Lloyd Hitoshi Mayer, Ellen P. Aprill

Journal Articles

Federal tax treatment matters to churches, the term the IRS uses for all types of religious congregations, including synagogues, mosques, and temples. The federal tax provisions most significant for churches and certain entities closely related to them, however, are not those that the public and commentators often assume. Exemption from income tax and the ability of donors to deduct contributions, the benefits that receive the most public attention, in fact provide surprisingly little benefit either to churches in the aggregate or to most individual churches. Their status as organizations taxexempt under section 501(c)(3) of the Internal Revenue Code, moreover, imposes …

Partisan Legal Traditions In The Age Of Camden And Mansfield, Christian R. Burset, T. T. Arvind

Journal Articles

The 18th century is often treated by scholars as a period of juristic consensus. This article argues, in contrast, that the late 18th century saw the emergence of rival ‘Patriot’ and ‘Tory’ legal traditions. Through a detailed study of the jurisprudence of Lords Camden and Mansfield—who were both pillars of the law, as well as political and juristic rivals—we show that they differed systematically in their understanding of the common law, and that those differences had a partisan cast: although they were not crude attempts to instrumentalise law to political ends, their political and jurisprudential commitments influenced each other and …

A Democratic Restraint On Incarceration, Marah S. Mcleod

Journal Articles

From the Article

This Article proposes a new sentencing model that employs the democratic voice of the jury to restrain individual injustice and mass incarceration by having the jury establish the maximum term that an individual defendant deserves and confining judicial sentencing discretion within that upper bound.

A Face Only An Attorney Could Love: Madison Square Garden’S Use Of Facial Recognition Technology To Ban Lawyers With Pending Litigation, Michael Conklin, Brian Elzweig

Maryland Law Review

No abstract provided.

Declaring And Terminating Public Health Emergencies: Performative Utterances That Can Change The World, Christine N. Coughlin, Ana S. Iltis

Maryland Law Review

No abstract provided.

Police Diversity Theory, Trevor George Gardner

Scholarship@WashULaw

In light of both the tragic death of Tyre Nichols in Memphis at the hands of Black police officers and the mixed results of studies of Black same-race policing, this Article proposes a conceptual framework by which to better understand the utility of police diversity. The framework maps the relational possibilities among three factors: (i) the Black officer’s approach to same-race policing; (ii) the Black officer’s performance in the context of same-race policing; and (iii) the policing priorities of the Black communities the Black officer is taken to represent.

Responsive to the conceptual framework for police diversity theory, the Article …

The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell

Scholarship@WashULaw

Jurisdiction stripping is seen as a nuclear option. Its logic is simple: by depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. In theory, it frees up the political branches and the states to act without fear of judicial second-guessing. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction stripping measures …

The Judicial Restraint Trilogy: Why The Supreme Court's Decisions From Last Term Offer New Hope For Remedial Discipline, Alisa B. Klein

Campbell Law Review

The headline from last Term is that, by overruling Chevron, the Supreme Court dealt a body blow to the administrative state. The thesis of this article is that other decisions from last Term provide an important but overlooked ray of hope that the Supreme Court will protect federal agencies from unjustified judicial intrusions by putting an end to universal district court remedies.

In Corner Post v. Federal Reserve Board, the Supreme Court reserved the question whether the Administrative Procedure Act (APA) authorizes the remedy of universal vacatur. And in the cases that I dub the Judicial Restraint Trilogy Starbucks v. …

The Major Questions Doctrine: Unfounded, Unbounded, And Confounded, Ronald M. Levin

Scholarship@WashULaw

As explicated by the Supreme Court in West Virginia v. EPA in 2022, and reaffirmed in Biden v. Nebraska in 2023, the “major questions doctrine” provides that an administrative agency’s rule in a “major” case must rest on “clear congressional authorization.” Many commentators have deplored the major questions doctrine on the basis of its policy consequences. This Article offers a critique of the doctrine from a different angle. It primarily contends that the reasons the Court has given for enforcing the doctrine do not withstand scrutiny, even on their own terms.

In West Virginia and Nebraska, the Court relied heavily …

Racial Reckoning And The Police-Free Schools Movement, Thalia Gonzalez, Rebecca Epstein

Faculty Scholarship

Across the country, students of color face daily threats of arrest, exclusion, and violence at the hands of school police officers. Whether deemed threatening, defiant, or hypersexualized, Black students, in particular, pay a heavy price to access their right to free public education. Despite victories in dismantling educational carcerality since the mid-2000s, efforts to formally remove police from public schools has been limited. However, during the 2020 racial reckonings, political opportunity catalyzed social movement campaigns, resulting in the passage of sixty-nine police-free policies. This represented an inflection point for civil rights, education justice, and police abolition scholars and activists. This …

The Impact Of Mental Health On Recidivism: A Logistic Regression Analysis Examining Federal Probation Outcomes, Stephanie Kowal

Undergraduate Theses, Professional Papers, and Capstone Artifacts

This research paper investigates the impact of mental health issues on probation success, utilizing secondary data from the Criminology Research Group at the University of Montana. Employing binary logistic regression analysis, the study examines various factors affecting probation outcomes, with a focus on mental health treatment as a primary independent variable. Findings reveal that individuals receiving outpatient mental health care are significantly more likely to recidivate, supporting the hypothesis that ongoing mental health struggles pose substantial barriers to probation success. Moreover, employment status, age at the start of supervision, adult criminal offenses, and days under supervision emerged as significant predictors …

A Socio-Legal Inquiry On Deepfakes, Anuragini Shirish, Shobana Komal

California Western International Law Journal

No abstract provided.

Ending The Era Of Encampments: The United States Supreme Court Criminalizes Homelessness, Kaylina Castellanos

California Western International Law Journal

No abstract provided.

A Rising Pride Lifts All Boats: Canada Should Accept U.S. Transgender Asylum-Seekers And Codify Gender Identity As A Protected Ground For Asylum, Benjamin Decarlo

California Western International Law Journal

No abstract provided.

The Slow Drip Of Decarceration: Reversing The Flood Of Mass Incarceration And Its Racist Impact, Olinda Moyd

Scholarly Articles in Law Reviews & Journals

For the last four decades, the flood of African Americans pouring into our jails and prisons can be likened to a watershed where someone turned on a faucet full force and opened the floodgates to all the prison doors. Despite the multitudinous efforts to secure the release of people unwittingly swept up in this flood, most spending decades behind bars, their releases have been mediocre and only a few have slowly dripped towards freedom. Racism seeps into every facet of American life and nowhere is it more prevalent than in our criminal legal system and the crisis of mass incarceration. …

Protecting Free Speech In Social Media: A Pathway To Self-Determination In International Law, Sydney Marie Harley

Emory International Law Review Recent Developments

With the growth of Internet and social media usage, state regulatory action to surveil and censor citizens is running rampant. As the principle of self-determination stands, minority populations are typically bearing the brunt of these attacks, receiving little protection under domestic and international law. Self-determination within international law must be restructured into a definitive pathway that includes protecting the freedom of speech to encourage discourse and tolerance between the State and its minority populations. This article proposes a solution that could fill the gap in international law formed by insufficient domestic rule in States that neglect to protect these populations …

Exoneration Finance, Kay L. Levine, Russell M. Gold

Articles

The path to financial compensation for the wrongfully convicted can be complex and time-consuming. Exonerees often struggle to make ends meet and function in free society, let alone navigate serpentine processes while waiting years for the recovery they deserve. Securing the assistance of an attorney is often a critical step, but too few lawyers are willing to risk accepting these complicated cases on a contingency-fee basis the only way that exoneree-clients can likely pay their lawyers without outside help.

Litigation finance an important tool for increasing access to justice in tort cases could help close this access to justice gap …

Artificial Intelligence In The Courtroom: Forensic Machines, Expert Witnesses, And The Confrontation Clause, Ian Maddox

Journal of Law, Technology, & the Internet

From traditional methods like ballistics and fingerprinting, to the probabilistic genotyping models of the twenty-first century, the forensic laboratory has evolved into a cutting-edge area of scientific exploration. This rapid growth in forensic technologies will not stop here. Considering recent developments in artificial intelligence (“AI”), future forensic tools will likely become increasingly sophisticated. To be sure, AI-enabled forensic tools are far from theoretical; AI applications in the forensic sciences have already emerged in practice. Machine learning-enabled acoustic gunshot detectors, facial recognition software, and a variety of pattern recognition learning models are already disrupting law enforcement operations across the country. Soon, …

Commencement Program, 2024, Cuny John Jay College Of Criminal Justice

Reports and Publications from John Jay College

Commencement Programs are handed out at each graduation. They include information on honorary degrees, awards and prizes and candidates for degree. However, they cannot be considered an official record of conferring of degrees.

Assessing The Effectiveness Of Alternative Light Sources In The Search For Skeletal Remains, Oiivia L. Thompson

Master of Science in Forensic Science Directed Research Projects

Many search and recovery operations for human skeletal remains are unsuccessful due to difficulties recognizing bones in outdoor environments even when evidence indicates the last known whereabouts of a missing individual. Though the collagen component of bone is known to emit fluorescent, this property has not been leveraged consistently during skeletal remains searches. Thirty-six mock searches were completed in 5000 ft² zones of eastern deciduous forest by volunteers associated with the Virginia Department of Emergency Management. Pig and deer bones were scattered and partially concealed under brush and leaf cover. Pairs of volunteers were allowed up to one hour …

A Path Toward Healing: Parent And Caregiver Perspectives On The Work Of Restorative Practices Richmond At Martin Luther King, Jr. Middle School, Jean Samuel, Silvanus Thrower, Jill Flynn, Brandi Daniels

Doctor of Education Capstones

To address how key stakeholders experience restorative practices (RP), Restorative Practices Richmond (RPR) submitted a request for assistance (RFA) to Virginia Commonwealth University. This single case study responds to the RFA by examining how parents, caregivers, and community partners perceive school discipline and restorative practices and how this understanding supports RPR’s work to support restorative practices at Martin Luther King Middle School (MLK MS). Through a social justice lens, this capstone explores the challenges and needs of parents, caregivers, and community partners engaging with restorative practices. The findings that emerged included the following: parents and caregivers lack sufficient knowledge about …

The Price Of Criminal Law, Russell M. Gold

Articles

Should tax dollars pay for more criminal law, better public schools, or a new community center? Different counties will answer the question differently, but facing these tradeoffs is profoundly important to democratic governance. Nonetheless, because the criminal legal system diffuses power and hides and offioads costs, officials and voters do not have to honestly consider that question. These structural features place a hidden thumb on the scale that gives counties more criminal enforcement than they pay for. That is a problem. Too much enforcement is particularly pernicious in criminal law: Incarceration inflicts tremendous suffering, especially in poor communities of color. …

Transgender Students And The First Amendment, Dara Purvis

Faculty Scholarship

Suppose a transgender child experiences teasing and harassment from their classmates, whose hostile reactions interrupt the school day. School administrators tell the transgender child that, in order to allow educational activities to continue, they must dress in more gender-neutral clothing, ideally cionsistent with the sex they were assigned at birth. The student's parents protest, arguing that their child's clothing is speech that expresses their gender identity. The school points to Tinker v. Des Moines, allowing suppression of student speech where it creates a material disruption, as well as recent legislation characterizing discussion of gender identity as lewd and obscene. …

Maintaining The Complex Personal And Professional Elements Of Our Lives In Academe, Sydney E. Brammer, Ryan J. Martinez, Narissra M. Punyanunt-Carter

Journal of Communication Pedagogy

This reflective essay offers several practical suggestions for scholars and professionals who are looking for ways to sustain abundant personal and professional lives in a discipline that encourages workaholic tendencies and requires many to engage in hybrid working arrangements. We discuss the tensions experienced by many communication teacher-scholars in academe and how various types of boundaries can aid in the maintenance of rest and work.

Ten Is Too Young: South Dakota's Need For A Legislative Amendment Raising The Minimum Age Of Criminal Responsibility To Fourteen, Taylor Graves

South Dakota Law Review

No abstract provided.

Confronting The Wildfire Crisis: Understanding Equity And Decision-Making In Wildfire Management Strategies, Katherine Huerta Sanchez

Dissertations, Master's Theses and Master's Reports

This study investigates how fuel managers incorporate equity and social vulnerability considerations into wildfire fuel reduction treatments on National Forest land and explores the resulting impact on the implementation of wildfire risk reduction policies. Through interviews, managers revealed differing perspectives on prioritizing social vulnerability characteristics and challenges such as insufficient information and resources to inform equitable fuel treatment decisions. These findings illuminate the complexities of integrating considerations of social vulnerability into decision-making processes for wildfire management at the wildland-urban interface, suggesting potential divergence from nationally supported policies aimed at equitably implementing wildfire risk reduction measures. The study findings underscore the …

Florida’S Most Recent Anti-Transgender Political Policies And Their Effects On Transgender Adults, Jaron A. Sanchez

Honors Undergraduate Theses

During May of 2023, Florida Governor Ron DeSantis signed multiple bills into law, which included House Bill 1521, Senate Bill 1580, and Senate Bill 254. Critics have regarded these bills to directly discriminate against transgender individuals and negatively impact their quality of life. The main research question this project seeks to answer is what impact these bills have, if any, on transgender individuals who live in the state of Florida. This includes experiences that negatively impact quality of life outcomes and mental health disparities. An online survey of a small sample of the population that self identifies as transgender, that …

The Use Of Telehealth Evaluations For Diagnosis Of Autism Spectrum Disorder In Children Aged 0-7: A Literature Review, Teah L. Ruiz

Honors Undergraduate Theses

The following literature review was intended to review current research studies related to diagnostic evaluation using Telehealth for young children aged 0-7 seeking a diagnosis of autism spectrum disorder (ASD). The analyzed research created a comprehensive guide on the quality, quantity, and state of Telehealth research for ASD evaluation will result. Through the synthesis of available literature, the strengths, and weaknesses of different models of Telehealth ASD evaluation were assessed. The results of this literature review found that there is evidence to support Telehealth’s use in some aspects of evaluation, but not as a stand-alone methodology. Further research is required …

The Ways People Have Been Sexually Rejected And How People Reacted To Sexual Rejection, Emelina L. Gomez

Honors Undergraduate Theses

Sexual rejection is the verbal and/or nonverbal communication of not wanting to have sex with someone who does want to have sex (Kim, 2018). It’s important to explore instances of sexual rejection because of public safety issues like violence against women, and domestic issues like relationship communication. The purpose of this study was to explore the frequencies of ways people were sexually rejected and how they reacted to being sexually rejected, the relationship between ways people were sexually rejected and how people reacted to being sexually rejected, and gender-specific connections to how people react to being sexually rejected. The sample …

Investigating Various Personality Factors As Predictors Of Poor Belief Updating Regarding Controversial Political Issues, Eric E. Haseman Jr

Honors Undergraduate Theses

Belief updating is a research area investigating how individuals refine or fail to refine their preexisting beliefs when confronted with corrective sources. Understanding the various drivers of poor belief updating in a political context is essential to maintaining an informed democracy, as the ideal voter in a democratic nation updates political misconceptions and false beliefs when presented with corrective sources. Despite the importance of this topic, the literature examining potential factors that could contribute to poor belief updating in a political context remains particularly limited. I aimed to address this limitation by recruiting undergraduates from the University of Central Florida’s …