Digital Commons Network^™

Reviving Indian Country: Expanding Alaska Native Villages’ Tribal Land Bases Through Fee-To-Trust Acquisitions, Alexis Studler

Michigan Journal of Race and Law

For the last fifty years, the possibility of fee-to-trust acquisitions in Alaska has been precarious at best. This is largely due to the Alaska Native Claims Settlement Act of 1971 (ANCSA), which eschewed the traditional reservation system in favor of corporate land ownership and management. Despite its silence on trust acquisitions, ANCSA was and still is cited as the primary prohibition to trust acquisitions in Alaska. Essentially, ANCSA both reduced Indian Country in Alaska and prohibited any opportunities to create it, leaving Alaska Native Villages without the significant territorial jurisdiction afforded to Lower 48 tribes. However, recent policy changes from …

"I Am Become Death, The Destroyer Of Worlds": Applying Strict Liability To Artificial Intelligence As An Abnormally Dangerous Activity, Renee Henson

Faculty Publications

Artificial intelligence (AI)-enabled tools have produced a myriad of injuries, up to and including death. This burgeoning technology has caused scholars to ask questions, such as, How do we create a legal framework for AI? Because AI creators have acknowledged that even they do not know the capacities of their technology for good or bad outcomes, this Article argues that an existing framework, strict liability, is an appropriate fit for harms arising from this new technology because a party need not prove negligence to prevail. Strict liability was uniquely developed to handle those activities that are “abnormally dangerous.” An abnormally …

Nonviolent Drug Offenders Need Treatment--Not Prison: The Solution To Prison Overcrowding In West Virginia, Kendra Amick

West Virginia Law Review

A tenfold increase in prison populations has occurred due to the policies and laws enacted by the War on Drugs campaign in the United States. This increase is the direct result of a rise in the incarceration of nonviolent drug offenders. Rearrest rates for nonviolent drug-related offenders sentenced to prison are 50%. For those offenders permitted to participate in a drug court program, this rate decreases by over half. In West Virginia, the battle against the opioid epidemic has caused it to become one of the fastest-growing prison populations in the nation. With a fast-emerging crisis on the rise, West …

Swosu Fact Book Spring 2024, Joel Harrel Kendall, Diane Fitzsimmons, Kelsi Burghardt

Fact Books

Starting in Spring 2024, Southwestern Oklahoma State University will produce a Spring Fact Book, which will provide information on enrollment, student demographics, and academic programs for the spring semester. The report is designed to help faculty, staff, administrators, and external stakeholders better understand the student body and university trends. The data analyzed for this report was collected on the 10^th day of each spring semester 2015 through 2024.

Money Laundering In The United States: A Review Of Current Regulations And Threats, Grace Hutchinson

Senior Honors Theses

Money laundering is the act of hiding illegally obtained money in the financial system. There are three stages of money laundering: placing, layering, and integration. In the United States, the Bank Secrecy Act, monitored by the Financial Crimes Enforcement Network (FinCEN), requires companies to establish an anti-money laundering (AML) compliance program and to exercise customer due diligence as preventative measures. The US government can detect money laundering through Suspicious Activity Reports, Currency Transaction Reports, and whistleblower tips. However, AML threats and vulnerabilities such as Professional Money Launderers, cryptocurrency, and the global art market allow criminals to continue to launder money …

Christian Code Of Silence: The Church’S Current Response To Clergy Sexual Misconduct And Potential Improvements Utilizing Principles Of Restorative Justice, Skya Lau

Senior Honors Theses

The prevalent and pervasive issue of clergy sexual misconduct within the Christian church has been perpetuated under a code of silence through the use of perverted Scripture to support its tactics. By departing from biblically aligned principles, and silencing the victims and protecting the offenders, the church’s current response has detrimental effects, calling into question the moral standing of the church. However, by practically implementing the principles of community, accountability, and forgiveness found in restorative justice and interpreting them through a biblical lens, the church can begin to improve their response. In dismantling the code of silence, the church can …

The Feasibility And Acceptability Of A Diabetes Survival Skills Intervention For Persons Transitioning From Prison To The Community, Louise Reagan, Rick A. Laguerre, Sarah Todd, Colleen Gallagher

Management Faculty Research and Publications

Community evidenced-based diabetes self-management education (DSME) models have not been examined for feasibility, acceptability, or effectiveness among persons transitioning from prison to the community to independent diabetes self-management (DSM). In a non-equivalent control group design with repeated measures, we examined the feasibility, acceptability, and preliminary effect of a 6-week, 1-h per week Diabetes Survival Skills (DSS) intervention on diabetes knowledge, distress, self-efficacy, and outcome expectancy for transitioning incarcerated males. Of the 92 participants (84% T2D, 83% using insulin, 40% Black, 20% White, 30% Latino, 66% high school or less, mean age 47.3 years, 84% length of incarceration ≤4 years ), …

Case Studies On The State Of Journalism In Louisiana, Allison Allsop

Honors Capstones

No abstract provided.

“Just One Simple Question: How Do We Protect Her?” The Role Of State Governments In Preventing Female Murders By Intimate Partners, Chesani Askew

Honors Capstones

No abstract provided.

Impact Ipsa Loquitur: A Reverse Hand Rule For Consumer Finance, Edward Janger, Susan Block-Lieb

Faculty Scholarship

No abstract provided.

Spring 2024, University Of North Dakota Alumni Association

ALL: UND Alumni Review Master List

Spring 2024 issue of "The University of North Dakota Alumni Magazine." 52 pages

Volume 107, Number 2

Graduate Studies Newsletter (Spring 2024), Csusb - Office Graduate Studies

Graduate Studies Newsletter

No abstract provided.

Slavery.Ai, Emile Loza De Siles

Washington and Lee Journal of Civil Rights and Social Justice

The artificial intelligence market is swarming. Supercharged start-ups, global tech giants, and increasingly algorithmic governments target diverse use cases with new and stunningly innovative AI applications coming online every day. Where people are the computational subjects of those algorithmic machinations, however, there is no law, present or effective, to protect them against great and propagating harms. Consequently, people become data production units, the commoditized of the Data Industrial Complex and unfree, unpaid inputs to AI production.

This Article shares a new and provocative vision. It theorizes that unregulated AI systems and uses are giving rise to an emergent form of …

Reflections Of A Non-Abolitionist Admirer Of The Police Abolition Movement, Corey Stoughton

Washington and Lee Journal of Civil Rights and Social Justice

To acknowledge that the abolition movement made reform better is not to reduce the movement to that purpose. For the non-abolitionist, the end of reform is better policing. For the abolitionist, reform is at best “a strategy or tactic toward transformation,” meaning contesting and ultimately eliminating policing. These are not compatible visions. But even if the collaboration between holders of these visions is just a tactical alliance, it is a tactical alliance that is producing good results. Perhaps those good results will lay a foundation for abolition, or perhaps they will seed in abolitionists’ fertile imaginations a positive vision of …

Skirting The Fourth Amendment: How Law Enforcement Agencies Abuse Technology And Constitutional Exceptions To Surveille The Public, Matthew Lloyd

Washington and Lee Journal of Civil Rights and Social Justice

Existing Fourth Amendment law does not protect against law enforcement use of data gathered through the internet either by private companies who actively search their customer’s data and submit evidence of misconduct to law enforcement or from private companies who acquire the data on behalf of law enforcement. In an effort to pursue criminals, courts have permitted Fourth Amendment jurisprudence to develop in a manner that permits sweeping invasions of privacy without any probable cause through the private search doctrine or without any procedural protections through the third-party doctrine. It will require substantial judicial or legislative action to return the …

Mistick Speaks: A Collection Of Tribune Review Columns, 2019-2023, Joseph Sabino Mistick

Law Faculty Publications

No abstract provided.

Reducing Vehicle Licensing And Titling Fraud, Mallory Brown, Andrew Martin, Jeeyen Koo, Jennifer Walton

Kentucky Transportation Center Research Report

This study reviews Kentucky’s vehicle licensing and registration program, evaluates methods of motor vehicle title fraud, examines current anti-fraud mechanisms in Kentucky, reports on vehicle titling and anti-fraud efforts in other states, assesses Ohio’s vehicle inspection program, and develops a proposal for a new Kentucky rebuilt title inspection program. Researchers developed the proposal based on historical Kentucky vehicle registration and titling data, a survey of other states, and other information provided by Kentucky’s Division of Motor Vehicle Licensing and other agency partners. Kentucky historical data revealed consistently high numbers of salvage title applications as well as spatial concentration in rebuilt …

Criminal Procedure—Vega V. Dickerson—Miranda, Prophylactic Rules, And Article Iii Legitimacy, Alex Jackson

University of Arkansas at Little Rock Law Review

No abstract provided.

An Examination Of Adversity And The Unique Mental Health Needs Of Black Crossover Immigrant And Refugee Youth (Iry), Ngozi V. Enelamah, Rebecca L. Skahan, Sheryl Thompson

Journal of Family Strengths

Over 500,000 youths become involved with the Juvenile Justice System in the U.S. annually. More than half have experienced maltreatment resulting in child welfare system contact, a co-occurrence described as dual system involvement. Immigrant and refugee youth (IRY) are numbered among Black young adults who are disproportionately represented in the dual system. There is little knowledge about the unique experiences of Black IRY who are involved with the crossover or dual system, as child welfare organizations are not required to collect or report that information. Previous studies suggest that Black crossover IRY are at an increased risk for dual system …

Key Library Resources: Streaming Video – Tips For A Better Faculty Streaming Experience, Raquel Estrada

Library Display Posters

AVON, KANOPY, and SWANK are our primary providers for streaming films. These relevant and complementary streaming resources allow us to provide access to a diverse set of films from documentaries to top studio films.

Integrating Human Rights In Domestic Clinical Practice, Tamar Ezer, Elizabeth Brundige, Aya Fujimura-Fanselow, Ryan Thoreson

Articles

Given that the human rights framework contains a rich and evolving body of norms and standards, integrating human rights law into clinical teaching provides new avenues to approach problem-solving. A human rights framework offers additional sources to ground moral and legal claims, as well as new strategies and advocacy targets. These alternatives work to foster creativity and lawyering skills, particularly in areas where domestic law is limited or constraining. Moreover, U.S. advocates have much to learn from global human rights struggles and advocacy efforts and can benefit from engaging in human rights discourse and practice. This article introduces readers to …

Volume 33, Number 1, Spring 2024, Office Of Communications, Illinois Wesleyan University

Illinois Wesleyan University Magazine, 2018-present

VOLUME 33 | NUMBER 1 | Spring 2024

ON OUR COVER:

Ryan Jumper '00 has been an associate judge in Madison County, Illinois, since 2018 and was retained in 2023. Four other IWU alumni became judges in 2023, including two federal judges.

16 The Titan Judges IWU's legal minds are shaping the judiciary in the state of Illinois and beyond. Three of these judges share the stories of their careers within criminal and civil justice.

22 The Lawyer and the Punk Dave Rossi '07 started his career as a famous punk rocker. Now he's a lawyer creating the newest recording …

Elizabeth Gibson Drinko Honors Convocation, Honors College

Honors Convocation

The Elizabeth Gibson Drinko Honors Convocation Awards Program for Spring 2024, Marshall University, Huntington, West Virginia.

America’S Prison Systems: Beginning The Switch From Punitive To Rehabilitative, Sydney R. Clair

Honors Thesis

America has one of the highest rates of incarceration in the world, along with many issues that keep its inmate population and recidivism rates high. The current inmate population faces unique challenges as it disproportionally consists of racial minorities, those with mental illnesses, and nonviolent drug offenders. Correctional rehabilitative programing, while implemented with good intentions, lacks effectiveness. This is due to factors including institutional staffing mindset and minimal development to expand inmate programs. There is also a lack of overall access to drug and educational courses that are so greatly needed for the incarcerated population. The reentry process for inmates …

Spectre Of Justice: Russian Reform In The Courtrooms Of Dostoevsky And Tolstoy, Abby Moore

Senior Theses

The Great Reforms of Alexander II are regarded as transformative policies in the history of Tsarist Russia, drastically changing the empire’s social and political fabric. The judicial reforms of 1864 in particular addressed longstanding issues within the existing criminal justice system, yet they also liberalized the institution at large. Following in the West’s footsteps, the reforms introduced an unprecedented level of democracy into Russia’s courtroom. Among the critics of these changes were renowned authors Fyodor Dostoevsky and Leo Tolstoy, both of whom used the realm of fiction to explore their respective concerns with reformed Russian jurisprudence. Both authors bring distinct …

Victor Hugo Was Right All Along: Les Misérables, The Tragedy Of A Punitive Parole System, And A Modern Path Forward, Sarah Gerwig

Mercer Law Review

Les Misérables, Victor Hugo’s tragic novel, was published over 160 years ago and yet it continues to capture imaginations and sympathies worldwide. It was made into an award-winning film over a decade ago. But before that, Les Misérables was one of the most popular Broadway musicals ever produced, having been viewed by over sixty million people, even beyond the viewership of other popular renditions in film and television. Despite (or perhaps because of) its heartbreaking themes, audiences sympathize with the main characters’ quest for redemption. How easy, in the story, to see the struggles and barriers Jean Valjean encounters—and …

Principals Who Lead Elementary Schools With Minimal Out-Of-School Suspensions, Jennifer Bordonaro

School of Education and Leadership Student Capstone Theses and Dissertations

Mixed-methods research was conducted in order to understand the principals of Minnesota elementary schools where no more than one out-of-school suspensions had been assigned annually from 2017 to 2022. The study consisted of a survey, document analysis, and qualitative interviews. While the findings did reveal commonalities amongst the participants that provided insight into the implementation of nonexclusionary discipline, the picture could not be deemed complete as the identified schools were predominantly White and affluent. There continues to be a great need to study leaders of schools where OSS is not statistically predictable by the school’s student population in regard to …

In Pursuit Of Meaningful Civil Representation: Advocacy Strategy Proposals For An Integrated Civil Gideon And Legal Empowerment Approach, Sophia T. Slater

Fordham Urban Law Journal

No abstract provided.

Rigor Or Reach? Strictness Or Scope?: The Continuing Battle Over The Parameters Of The Supreme Court’S Daubert/Kumho Reliability/Validation Test For The Admissibility Of Expert Testimony, Edward J. Imwinkelried

Missouri Law Review

Expert testimony is offered at the overwhelming majority of trials conducted in the United States. In many of these cases, it is absolutely essential for the plaintiff or prosecutor to introduce such testimony. The plaintiff may need expert testimony to prove general causation in a toxic Tort case, and similarly the prosecutor may need to resort to expert testimony to establish the accused’s identity as the perpetrator of the charged crime. For decades, the proponents of expert testimony have mounted campaigns to lower the evidentiary barriers to expert testimony. For most of the 20th century, the governing American test for …

On The Hook: Venue, Vicinage, And Double Jeopardy’S Relationship With Modern Data Crimes, Cody Deterding

Missouri Law Review

Every fisherman has a place he holds dear. Whether it be a mountain creek small enough to hop across or a reef in the Gulf of Mexico, we all have a place where “the big one” defeated us. Conversely, we all have a spot in which we emerged victorious, spurring feelings of elation. We all have memories so compelling that we feel the need to share our stories around the dinner table and remind friends how much they missed out on that day. Ingrained in my memory is the flash of a twenty-inch brown trout sipping a fly from the …