Digital Commons Network^™

Materiality In The Long Now: Navigating The Intersection Of Decision-Making, Time, And Strategy, Daniel M. Labovitz, Alexander Kontoleon

Dickinson Law Review (2017-Present)

Existing formulations of materiality in the federal securities laws contain an inherent limitation because they don’t adequately account for how risks and opportunities change over time. This can mislead investors looking to understand how well a company is poised to avoid long-dated risks and take advantage of evolving opportunities because those risks and opportunities don’t neatly fit into the rubric of “likelihood of occurrence times magnitude of harm equals materiality.” This is because the likelihood of any long-dated risk occurring within a short reporting time frame will always approach zero, which means the traditional model of materiality will always classify …

Civil Means To Criminal Ends, Kathryn Ramsey Mason

Washington and Lee Law Review

The divide between the civil and criminal legal systems is one of the most fundamental distinctions in American law. There are laws, however, that do not fit clearly into either category and the Supreme Court’s jurisprudence on how to categorize these statutes has been murky. Crime-free rental housing ordinances, which encourage or coerce private landlords into evicting tenants for a single incident of criminal activity that does not need to result in a conviction, are an example of the laws that occupy this middle ground. Local legislatures designate these laws as civil statutes and use them as a means to …

Courtroom Workgroup Dynamics And Implementation Of Three Strikes Reform, Elsa Y. Chen, Emily Chung, Emily Sands

Political Science

In 2012, California's voters passed a ballot initiative that scaled back the state's “Three Strikes” sentencing law and permitted certain individuals who were serving 25-to-life prison terms to petition for resentencing and potentially release. Using analysis of original qualitative interview data supplemented with court administrative records, this study examines how characteristics of courtroom workgroup members; their intergroup dynamics; political, professional, and administrative considerations; and allocated resources were perceived by court officials to facilitate or impede the implementation of this reform in county courts. Availability of staff and budget was associated with a higher proportion of completed case dispositions in the …

The Right To Violence, Sean Hill

Utah Law Review

Scholars have long contended that the state has a monopoly on the use of violence. This monopoly is considered essential for the state to assure the safety and security of its citizens. Whereas public officers have the broadest authority to deploy violence, in order to make arrests or to inflict punishment, private citizens allegedly have severe restrictions on their use of force. Specifically, the state is said to only authorize private violence when civilians face an imminent threat of unlawful force or when civilians are attempting to prevent a crime.

Yet the state explicitly authorized private violence against enslaved people …

Use Of Force In Policing: Do Female Police Officers Use Unjustifiable Force As Often As Male Officers?, Carma Dobson

Theses

Use of force (UOF) is a common practice in policing. My study focuses on the disposition of the use of unjustifiable force in policing. Utilization of pre-existing data with 5,771 use of force incidents from the New Orleans, Louisiana police department in the years of 2016-2021 produces an answer to the research question: Do female police officers use unjustifiable force as often as male officers? The chi-square test of independence results in my study indicates that there is no statistical difference between males and females.

Responses To Sexual Assault Survivors And Sexual Assault Evidence Kits, Loganne Ditter, April N. Terry

International Journal of Undergraduate Research and Creative Activities

Sexual assault and rape in the U.S. are an ongoing public health issue. While approximately one-fifth of individuals will experience a sexual assault or rape in their lifetime, responses to survivors continues to be problematic. Many law enforcement agencies lack training specific to interact with sexual assault survivors, which can result in victim-blaming and oversight of trauma-informed responses. For sexual assault evidence kit (SAEK) completion, nurses can receive expert certification for this examination; however, in rural areas where all services are limited, survivors may not have access to such professionals. These struggles may result in SAEK issues in addition to …

William & Mary Law School Clinical Program News (2023-2024), William & Mary Law School

William & Mary Law School Clinical Program Newsletter

No abstract provided.

Solving A Sixth Amendment Crisis: The Case For Resource Parity In Georgia’S Indigent Defense System, Meagan R. Hurley

Mercer Law Review

The United States criminal legal system employs what is said to be an “adversary” system—one in which opposing parties—the prosecution and the defense—present their evidence and arguments (usually in conflict with one another) to a neutral third party (a judge or jury) for adjudication. The idea behind the adversarial process is that a judge or jury is best positioned to make determinations of guilt or innocence once provided with reliable information from competent, zealous, and prepared advocates on both sides of the podium. At its core, the adversarial system is meant to function as the mechanism by which constitutional principles …

Expanding Drug Courts And Alternative Justice Courts In West Virginia: Implementing Innovative And Restorative Justice Practices, Emily Ogden

West Virginia Law Review

The United States has the highest incarceration rate of any country in the world. Alarmingly, West Virginia’s incarceration rate is even higher. West Virginia’s staggering incarceration rate can largely be attributed to the increased criminalization and prosecution of individuals experiencing addiction. This Note considers what actions can be taken to limit incarceration and recidivism in West Virginia. The solutions proposed by this Note also aim to limit the collateral consequences of incarceration in West Virginia because many of West Virginia’s current issues are only exacerbated by incarceration. This Note reviews alternative justice methods and notable alternative justice courts across the …

The Abolition Of Woman, Lynne Marie Kohm

Cardozo Journal of Equal Rights & Social Justice

The article argues that modern feminist jurisprudence, while initially aimed at advancing women's rights, has deviated from its original goals and now contributes to the erosion of the unique identity and value of women. This shift is evident in areas such as reproduction, gender fluidity, and motherhood, where legal and academic discourse increasingly deconstructs the concept of womanhood, leading to its potential abolition.

The Supreme Court And The Federalist Society Network: The Conversation That Determined Whose Vote Counts, Deborah Toscano

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the Federalist Society Network (FSN) in shaping the Supreme Court's decision in Shelby County v. Holder, which invalidated Section 4 of the Voting Rights Act (VRA). The FSN's legal framework, emphasizing state sovereignty and the Tenth Amendment, influenced the Court's expansion of the "equal sovereignty" doctrine, leading to the dismantling of a key provision of the VRA. This decision reflects a broader shift in federalism, prioritizing state autonomy over federal oversight in voting rights.

Who Gets To Reap What They Sow? Addressing The Exclusion Of Undocumented Immigrants From Income Tax Benefits And Designing A Solution, Gabriela Amaral

Cardozo Journal of Equal Rights & Social Justice

The note argues that undocumented immigrants significantly contribute to the U.S. tax system, including Social Security, but are disproportionately excluded from receiving benefits, raising concerns about economic fairness and equal protection under the law. It advocates for a more inclusive policy, particularly through work authorization, to address this inequity.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Chicken-And-Egg Of Law And Organizing: Enacting Policy For Power Building, Kate Andrias, Benjamin I. Sachs

Faculty Scholarship

In a historical moment defined by massive economic and political inequality, legal scholars are exploring ways that law can contribute to the project of building a more equal society. Central to this effort is the attempt to design laws that enable the poor and working class to organize and build power with which they can countervail the influence of corporations and the wealthy. Previous work has identified ways in which law can, in fact, enable social-movement organizing by poor and working-class people. But there’s a problem. Enacting laws to facilitate social-movement organizing requires social movements already powerful enough to secure …

Bearing The Benefit: An Evolution Of Passing To Trespassing & How We Got Here, Kennedi J. Williams

Honors College Theses

In recent years, we have seen a shift in the social treatment of white people in America. The desire to be politically correct at all times, in hopes of avoiding becoming the next viral “Karen” or racist has become imperative. The following thesis will explore the latest trend of white women buying racial capital by producing mixed-race children. At first glance, this idea can be a bit problematic. How can we assume the reasoning behind a woman choosing to bear a child? With this in mind, I would like to emphasize that individuals do not have to consciously be racist …

Distorted Burden Shifting & Barred Mitigation: Being A Stubborn 234 Years Old Ironically Hasn’T Helped The Supreme Court Mature, Noah Seabrook

Journal of Law and Health

This Note explores the intricate relationship between emerging adulthood, defined as the transitional phase between youth and adulthood (ages 18-25), and the legal implications of capital punishment. Contrary to a fixed age determining adulthood, research highlights the prolonged nature of the maturation process, especially for individuals impacted by Adverse Childhood Experiences (ACEs). The Note challenges the current legal framework that deems individuals aged 18 to 25 who experienced ACEs as eligible for capital punishment, highlighting the cognitive impact of ACEs on developmental trajectories. Examining cases like Dzhokhar Tsarnaev and Billy Joe Wardlow, this Note argues that courts often bypass mitigating …

Fixing Disparate Prosecution, Shima Baradaran Baughman, Jensen Lillquist

Minnesota Law Review Vols. 106:2 onward (2021-present)

America's system of public prosecution is broken. Prosecutors who charge harshly or disparately are shielded from any consequences or recourse, and defendants are left with few options. This asymmetry in power results in prosecutors singlehandedly maintaining mass incarceration in the United States and leads to some states incarcerating more people per year than entire countries. Prosecutors in the United States are permitted to charge with little supervision or guidance other than to follow the law and “seek justice.” Many choose to charge the highest number of crimes possible, while others choose to exercise restraint and label themselves as “progressives.” But …

Two Is Not Always Better Than One: Concurrent Jurisdiction In Indian Country And The Withering Of Tribal Sovereignty Following Mcgirt And Castro-Huerta, Marina Berardino

Minnesota Law Review Vols. 106:2 onward (2021-present)

There is a violence epidemic plaguing the Native American population across the country. Native women are disproportionality victimized by both sexual and non-sexual violence--over eighty-five percent of Native women are expected to be victims of intimate partner violence, stalking, or sexual violence at some point in their life. Most often, the perpetrators are non-Native, which creates jurisdictional issues. In most states, the only sovereign with the authority to prosecute non-Indian-on-Indian crimes is the federal government. Yet, federal law enforcement often does not investigate these crimes, and federal prosecutors ultimately decline to prosecute many sexual assault and domestic violence crimes in …

Safe Streets, Secure Futures: Preventing Violent Crime In The United States, Haley Aleman

Posters - 2024

Violent crimes inflict not only direct physical harm but can also foster cycles of fear and mental anguish throughout affected communities.

This atmosphere can hurt and impede economic and social development. Destruction of a community’s trust in law enforcement can infect other areas of life such worsening economic development. In this, we will continue our evaluation of factors contributing to violent crime rates by exploring the following hypothesis through additional study.

This hypothesis is as follows: There is a relationship between political affiliation and violent crime rates such that democratic states have higher rates of violent crime.

The Politics Of Equality And Inequality, Manny Garcia

Political Science Theses, Dissertations and Student Creative Activity

Inequality and equality are two concepts found at the center of political science research. Around the world, governments have approached these concepts with caution as they have influenced nations' political, social, and economic structures throughout history. This essay will explore the politics of equality and inequality by drawing on the subfields of American government, political theory, and international relations. Through this interdisciplinary lens, this essay will delve into these concepts' historical, theoretical, and practical dimensions, their correlation with the referenced subfields, and their interplay within modern society. This essay will also analyze contemporary manifestations of these dynamics, shedding light on …

Restorative Constitutionalism, David E. Landau, Rosalind Dixon

Washington and Lee Law Review

Cass Sunstein and other scholars have distinguished between two forms of constitutionalism: preservative constitutionalism, which looks to maintain the status quo, and transformative constitutionalism, which aims to transcend a flawed constitutional history and achieve a better future. In this Article, we introduce a third, undertheorized mode of constitutionalism, which we call restorative. Restorative constitutionalism seeks a return to a lost, more authentic constitutional past, whether real or imagined. Restorative discourse in modern United States constitutionalism is dominated by conservative calls for originalist judicial interpretation. But originalism is only one subset of restoration, and indeed restorative discourse has been present at …

Supporting Healthy Futures: Capitalizing On Medicaid’S Epsdt Medical Necessity Standard, Teressa Colhoun

Washington and Lee Law Review

Youth mental health is in crisis. Children report increased rates of suicidal ideology, depression, and anxiety. Diagnosis rates soar. Pediatric mental health care remains difficult to access. When services are accessible, they are costly—often sending families into medical debt.

This Note discusses Medicaid’s Early and Periodic Screening, Diagnostic, and Treatment (“EPSDT”) benefit. Specifically, it studies the EPSDT benefit’s creation, structure, and administration. This Note focuses on the context in which the EPSDT benefit operates, particularly how health care financing models impact benefit administration. It suggests that the EPSDT benefit has the capacity to address crucial gaps in pediatric mental health …

Specialty Courts: Time For A Thorough Assessment, Emily F. Wood, Monica K. Miller, Tatyana Kaplan

MC Law Review

Broadly, the purpose of specialty courts is to address the needs of the individuals in the criminal justice system to reduce recidivism. Most specialty courts adopt the philosophy that the criminal justice system can do more than just impose sanctions; it can address underlying social and health problems that contribute to criminal behavior. The purpose of this article is to discuss the general advantages and disadvantages of specialty courts and to highlight the importance of using research evaluations to determine if the benefits of specialty courts outweigh the costs. This will help determine if courts have achieved their goal of …

Public Opinion And Its Potential Impact On The U.S. Supreme Court, Savannah Medlin

Senior Honors Theses

The Supreme Court of the United States has a fundamental role in the interpretation of the Constitution and the configuration of the legal landscape of the country. But, while the Framers isolated the Court from political pressures, the Court is not removed from the impact of public opinion. This essay considers the effect of public opinion on Supreme Court rulings by reviewing studies and cases to discover the part public opinion plays in the courtroom. My findings imply that public opinion impacts the Court. There are limited ways by which the Court can prevent this impact. I emphasize that the …

The Complicit Canon Of Criminal Law: A Critical Survey Of Syllabi, Casebooks, And Supplemental Materials, Robin Peterson

University of Michigan Journal of Law Reform

This Note analyzes the learning objectives, casebook readings, and supplemental sources that thirteen criminal law professors assigned over fifteen years and argues that the current approach to teaching criminal law is complicit in perpetuating the injustices of the American criminal legal system because it fails to adequately interrogate the carceral state and does not prepare students to become ethical practitioners or policymakers of criminal law. This paper calls for a fundamental rethinking of the purpose of teaching criminal law and recommends a reform orientation, which could be implemented through a variety of course structures.

Restorative Practices Effect On The Culture And Climate Of A School Or District, Stephanie Daly

Dissertations

Restorative practices have emerged as a transformative approach within various domains, particularly education, aiming to nurture constructive relationships, address conflicts, and foster community. This research delves into the multifaceted world of restorative practices in educational settings, exploring their impact on school climate, conflict resolution, social and emotional learning, and broader implications for equity and justice in the classroom. This study looks to see if restorative practices affect the culture and climate of a school or district. It looks at how students describe a classroom that uses these practices. The feelings and reactions of students participating in these practices were also …

What Can We Learn About Teaching Excellence From Our Students? Lessons From Six Years Of Teaching Award Data, Christopher Shortell, Kris Henning, Carl Christiansen

Criminology and Criminal Justice Faculty Publications and Presentations

Teaching excellence in higher education can be defined and studied in different ways, but research efforts to date have often focused on institutional or instructor perspectives. This article uses a data set of over 500 open-ended comments submitted by Political Science undergraduates as part of a teaching award process to identify themes that matter most to students. We find that being supportive, bringing humor, enthusiasm, and passion to the classroom, and engaging students with relevant, challenging, and exciting activities are what defines teaching excellence from a student’s perspective. Building on these themes and using quotes to illustrate key concepts, we …

Perceptions Of School Climate, Scott Siegel

Dissertations and Doctoral Documents, University of Nebraska-Lincoln, 2023–

This doctoral dissertation investigates the differences in perceptions of school climate among in-school stakeholders. The study focuses on how the participant’s role within the school and gender impact their perceptions of school climate. Surveys were administered to students and teachers in a high school setting, with quantitative analysis revealing statistical differences in perceptions among key groups. Notably, teachers demonstrated higher perceptions of school climate than students, indicating the role within the school has the potential to influence stakeholder perceptions. Additional findings include male students demonstrating higher perceptions of school climate than female students, indicating gender plays an integral part in …

The Shadow Of The Law Of The Police, Adam A. Davidson

Michigan Law Review

A review of Shielded: How the Police Became Untouchable. By Joanna Schwartz.

What Is A Prison?, Grace Y. Li

Michigan Law Review

A review of The Idea of Prison Abolition. By Tommie Shelby.