Digital Commons Network^™

New Hurdles To Redistricting Reform: State Evasion, Moore, And Partisan Gerrymandering, Manoj Mate

Connecticut Law Review

Proponents of fair districting reforms continue to face challenges in seeking to address the problem of partisan gerrymandering. Even in states that have successfully enacted redistricting reforms, state actors have been able to evade compliance, and state courts have been unable to guarantee fair districts. In addition, the Supreme Court’s decision in Moore v. Harper could also limit state court efforts to guarantee fair districts. This Article argues that state evasion and Moore threaten to undermine the efficacy of fair districting norms recognized by state courts or enacted through either state political processes. Moore could create a one-way ratchet by …

Prior Racist Acts And The Character Evidence Ban In Hate Crime Prosecutions, Paul F. Rothstein, Ronald J. Coleman

North Carolina Law Review

No abstract provided.

Gardner-Webb Welcomes Representatives Of The Golden Leaf Foundation, Office Of University Communications

Gardner-Webb NewsCenter Archive

Gardner-Webb President Dr. William M. Downs and the Office of Advancement welcomed representatives of the Golden LEAF Foundation to campus recently. After touring the campus, they met with recipients of the foundation’s scholarships. Currently there are 15 Golden LEAF scholars at GWU and since 2006 nearly 100 students at the University have received financial support from the foundation. Since the Golden LEAF Foundation’s inception in 1999, more than $60 million in scholarships has been awarded to over 29,000 students. These scholarships are presented to students in North Carolina’s rural and tobacco-dependent communities.

A Scoping Review Of Fair Machine Learning Techniques When Using Real-World Data, Yu Huang, Jingchuan Guo, Wei-Han Chen, Hsin-Yueh Lin, Huilin Tang, Fei Wang, Hua Xu, Jiang Bian

Faculty, Staff and Student Publications

Objective: The integration of artificial intelligence (AI) and machine learning (ML) in health care to aid clinical decisions is widespread. However, as AI and ML take important roles in health care, there are concerns about AI and ML associated fairness and bias. That is, an AI tool may have a disparate impact, with its benefits and drawbacks unevenly distributed across societal strata and subpopulations, potentially exacerbating existing health inequities. Thus, the objectives of this scoping review were to summarize existing literature and identify gaps in the topic of tackling algorithmic bias and optimizing fairness in AI/ML models using real-world data …

Regulating The Public Defender Identity, Irene Oritseweyinmi Joe

Fordham Law Review

The public defender institution has trouble meeting its mission. This is partly because, despite the specific and clear purpose of representing indigent defendants in criminal proceedings, public defender offices rely on various centering principles to meet this objective. The institution falters if it chooses a centering principle that unwittingly complicates its ability to meet the institution’s central mission. For public defender leaders tasked with developing and maintaining an institutional identity for a particular office, neither legal nor professional regulations supply the type of considerations that guarantee that an adopted identity will comply with core institutional responsibilities. This project seeks to …

No More Nixon: A Proposed Change To Rule 17(C) Of The Federal Rules Of Criminal Procedure, Norah Senftleber

Fordham Law Review

Today, the standard for subpoenas under Rule 17(c) of the Federal Rules of Criminal Procedure, espoused in United States v. Nixon, provides for limited, almost useless, pretrial subpoena power for criminal defendants. When subpoenaing a third party, a defendant must show (1) relevancy, (2) admissibility, and (3) specificity for documents that they have not yet gained access to. This narrow scope of Rule 17(c) has long engendered criticism from judges, scholars, and practitioners alike. Yet, Rule 17(c) has not been changed, either by judicial opinion or amendment.

Following years of criticism, the Advisory Committee on Criminal Rules (“Advisory Committee”) …

Willfully Forgetting Miranda's True Nature: Vega V. Tekoh Severs The Warnings Requirement From The Constitution, George M. Dery Iii

Marquette Law Review

This Article analyzes Vega v. Tekoh, in which the Supreme Court ruled that

a violation of Miranda was not a violation of the Fifth Amendment privilege

against self-incrimination. This Article examines the original language of the

Miranda opinion, the statements and intentions of the members of the Miranda

Court, and subsequent precedent to determine Miranda’s true nature. Further,

this Article examines the reasoning of Vega and the dangers created by its

pronouncements, especially in light of the Court’s earlier characterization of

Miranda as a constitutional rule in Dickerson v. United States. This Article

asserts that the Justices who …

Synthetic Seduction: Navigating Ai-Generated Content And The Complexities Of Name, Image, And Likeness Law, Emma K. Chedwick

The Business, Entrepreneurship & Tax Law Review

Waking up and finding videos of yourself online engaged in lewd acts is traumatizing—realizing that the videos were created by artificial intelligence without your consent exacerbates the trauma even further. With technology advancing faster than the law can keep up, safeguards need to be implemented to protect victims of internet crimes. This article examines the prevalence of deepfake pornography, its creation, and the damage it causes. Further, this article examines the current short-comings of the right of publicity, the right to privacy, copyright law, and revenge pornography law as they currently stand. This article proposes an exception to Section 230 …

A Rpl In Time: A Brown Buffalo's Observations On The Ongoing Struggle Of Civic And Racial Nationalism In Higher Education - Circa 2023, Tom I. Romero Ii

Denver Law Review

No abstract provided.

The State Where Sex Is Everywhere, Yet Is Still A Sin On The Books: Why Prostitution Should Be Decriminalized In Nevada, Madison Johnson

UNLV Gaming Law Journal

No abstract provided.

The Perilous Focus Shift From The Rule Of Law To Appellate Efficiency, Elizabeth Lee Thompson

Connecticut Law Review

We should be wary of reforms that are attractive in terms of saving time but have unnoticed substantive effects. . . . The great end for which courts are created is not efficiency. It is justice.

Charles Alan Wright (1966)¹

Some of the most significant—and by some estimations the most controversial— transformations of the federal appellate system occurred in the late 1960s and 1970s. Many of the effects are still felt today, including the shift from oral argument for all appeals and the view that study and disposition of each appeal were exclusively judicial tasks, to the adoption of …

Speaking Back To Sexual Privacy Invasions, Brenda Dvoskin

Washington Law Review

Many big players in the internet ecosystem do not like hosting sexual expression. They often justify these bans as a protection of sexual privacy. For example, Meta states that it removes sexual imagery to prevent the nonconsensual distribution of sexual images. In response, this Article argues that banning digital sexual expression is counterproductive if the aim is to alleviate the harms inflicted by sexual privacy losses.

Contemporary sexual privacy theory, however, lacks analytical tools to explain why nudity bans harm the interests they intend to protect. This Article aims at building those tools. The main contribution is an invitation to …

The Kids Are Not Alright: Negative Consequences Of Student Device And Account Surveillance, Ashley Peterson

Washington Law Review

In recent years, student surveillance has rapidly grown. As schools have experimented with new technologies, transitioned to remote and hybrid instruction, and faced pressure to protect student safety, they have increased surveillance of school accounts and school-issued devices. School surveillance extends beyond school premises to monitor student activities that occur off-campus. It reaches students’ most intimate data and spaces, including things students likely believe are private: internet searches, emails, and messages. This Comment focuses on the problems associated with off-campus surveillance of school accounts and school-issued devices, including chilling effects that fundamentally alter student behavior, reinforcement of the school-to-prison pipeline, …

Hurt, Hungry, And Handcuffed: How The Prison System Fails Pregnant Women And Their Newborns, Sarah B. Bondar

Marquette Benefits and Social Welfare Law Review

Over 200,000 women are incarcerated in the United States’ federal and state correctional institutions on any given day. In fact, more women are incarcerated now than ever before, and those rates of incarceration continue to grow at an exponential rate. Despite this large increase in the number of incarcerated women, jail policies, health-care protocols, and important interventions continue to focus primarily on incarcerated men and fail to consider the gender-specific needs of the increasing population of incarcerated females.

This comment discusses ways the United States prison system fails the pregnant women in their care. It discusses four main points including: …

“That Is Not Behavior Consistent With A Rape Victim”: The Effects Of Officer Displays Of Doubt On Sexual Assault Case Processing And Victim Participation, Laura L. King, Lisa M. Growette Bostaph

Criminal Justice Faculty Publications and Presentations

Despite the prevalence and severity of sexual violence, case attrition has been identified as a significant issue. Of the cases that are reported to police, only a small portion result in arrest, prosecution, or conviction. Research has revealed that much of this attrition occurs early in the process and that a number of theoretically supported legal (e.g., physical evidence, victim participation) and extralegal (e.g., demographics, victim credibility) factors influence how and whether a case progresses through the criminal justice system. However, few researchers have directly examined the impact of officer doubt on case processing. Whereas legal and extralegal factors represent …

Combating Substance Abuse And Violence In Jackson County, Missouri: A Public Health Approach To The "War On Drugs", Danielle Bukacheski, Grant Baker, Stephen R. Bough

UMKC Law Review

In 1989, Jackson County, Missouri, made history - voters passed the first tax solely dedicated to funding substance abuse prevention and treatment. Today, the COMmunity Backed Anti-Crime Tax ("COMBAT") continues to annually generate between $25 to $30 million that supports Jackson County courts, the Jackson County Prosecutor's Office, local law enforcement agencies, and nonprofit organizations focusing on prevention and treatment. COMBAT has achieved success through its de-emphasis on punitive law enforcement practices and emphasis on public health. Instead of focusing on the prosecution of drug-related offenses, COMBAT is leading a more holistic "War on Drugs" by funding community-based resources to …

A New Generation Of Reform In Drug Enforcement In Kansas City, Jean Peters Baker

UMKC Law Review

Jackson County, Missouri has been at the forefront of drug policy reform for decades, with the establishment of one of America's first Drug Courts in the early 1990s. This Article will delve into the impact of the county's shift in drug policy on the drug court model, both positive and negative, and where the county expects to go in the future. We will examine what we currently understand about drugs, including the destructive effects of drugs on individuals and their families, the history of the War on Drugs and its lack of impact, and the statistics on drug crimes and …

Engaging The Base: Using Veterans Treatment Courts In Missouri To Address Core Issues, Evan Rodriguez

UMKC Law Review

With a per capita veteran population surpassing the national average, Missouri presents its veterans with unique challenges in their day-to-day lives. For example, nearly one-third of Missouri veterans are disabled, compared to one-sixth of civilians. The State established the Missouri Veterans Commission, which supports veterans and their families with the veteran-specific obstacles they face. To that end, Missouri offers the second highest number of veteran benefits of any state in the country.

Like all groups of people, some veterans will unfortunately enter the criminal justice system due to varying factors. Veterans Treatment Courts ("VTCs") originated to address veteran-specific reasons for …

We S.O.A.R: Student Original Arts Repertory, University Of Dayton

Dance and Theater Programs

We SOAR was a collaboration between students from a variety of majors and programs and members of our own Dayton community. Each piece reflected the diverse perspectives and passions of our student artists, each contributing to a collective narrative that champions positive change and social impact.

Navigating Covid-19 And Racial Trauma As A Black Student At Predominantly White Institutions, Samantha Francois, Joan Blakey, Rae Stevenson, Timothy Walker, Curtis Davis

Psychology

Black students at predominantly White institutions (PWIs) contend with racial microaggressions that can lead to negative mental health and academic outcomes. The physical and mental health consequences of the novel coronavirus pandemic are well-known. What remains unknown is how targeted racial hate during a pandemic might have a compounded effect on Black essential workers. The current study examines how future essential workers in helping professions cope with dual crises as they navigate mostly White universities. Study participants were Black university students attending PWIs in the United States enrolled in social work, public health, or psychology programs during the 2020–2021 academic …

Filtered Dragnets And The Anti-Authoritarian Fourth Amendment, Jane R. Bambauer

UF Law Faculty Publications

Filtered dragnets are digital searches that identify a suspect based on the details of a crime. They can be designed to withhold information from law enforcement unless and until there is a very high probability that the individual has committed the offense. Examples today include DNA matching, facial recognition from photographs or video of a crime, automated child sexual abuse material detection, and reverse geolocation (geofence) searches. More are sure to come, and their wide-scale use will be irresistible to improve the low rates of criminal detection that currently afflict many communities.

However, filtered dragnets imperil society precisely because they …

Unfair, Deceptive, And Abusive: Prison Release Cards And The Protection Of Captive Consumers, Sunny K. Frothingham

North Carolina Banking Institute

No abstract provided.

Social Ecology, Preventive Intervention, And The Administrative Transformation Of The Criminal Legal System, Mark R. Fondacaro

Georgia State University Law Review

This Article outlines an administrative model of criminal justice that provides a conceptual framework and empirical justification for transforming our criminal legal system from a backward-looking, adjudicative model grounded in principles of retribution toward a forward-looking model grounded in consequentialist principles of justice aimed at crime prevention and recidivism reduction. The Article reviews the historical roots and justifications for our current system, along with recent advances in the behavioral, social, and biological sciences that inform why and how the system fuels injustice. The concept of social ecology is introduced as an organizing framework for: (1) understanding why individuals do or …

Arrests: Legal And Illegal, Daniel Yeager

Georgia State University Law Review

The Fourth Amendment prohibits unreasonable searches and seizures. An arrest—manifesting a police intention to transport a suspect to the stationhouse for booking, fingerprinting, and photographing—is a mode of seizure. Because arrests are so intrusive, they require roughly a fifty percent chance that an arrestable offense has occurred. Because nonarrest seizures (aka Terry stops), though no “petty indignity,” are less intrusive than arrests, they require roughly just a twenty-five percent chance that crime is afoot.

Any arrest not supported by probable cause is illegal. It would therefore seem to follow that any arrest supported by probable cause is legal. But it …

Misrepresentations In Labor Trafficking: State Laws As An Alternative Theory Of Liability For Recruiters, Hannah Garvin

Georgia State University Law Review

When addressing labor trafficking of migrants, the focus is typically on prosecuting the traffickers directly involved in obtaining a victim’s labor, but traffickers cannot exploit labor without victims. Research has shown that recruiters, both those intending to provide labor traffickers with victims and those who have no knowledge of the subsequent exploitation perpetrated by the supposed employer, often misrepresent job opportunities to migrants. Both types of recruiters profit off of the exploitation of migrants and ultimately continue to propagate labor trafficking. To effectively deter trafficker-recruiters and ensure independent recruiters are acting ethically, an all-encompassing method of accountability needs to be …

Police Chases And Pit Maneuvers: Examining The Role Of Officer Conduct In Pursuit-Related Felony Murder Convictions, Margaret L. R. Dubose

Georgia State University Law Review

The United States Supreme Court has described a police officer's decision to terminate a high-speed car chase by making physical contact with the fleeing vehicle as a "choice between two evils." Indeed, while many speed-related deaths occur on Georgia's roadways without the involvement of law enforcement, deaths also transpire when officers choose to make such contact through Precision Intervention Technique (PIT) maneuvers.

In 2015, a Georgia jury found a driver guilty of committing felony murder—a conviction which carries with it a life sentence. The victim, a passenger in the driver's speeding car, died after a law enforcement officer performed a …

Missing The Mark: How Miranda Fails To Consider A Minor's Mind, Julia Feron

Hofstra Law Review

The article focuses on the inadequacies of the Miranda rights protections for minors during custodial interrogations. It highlights how current practices, such as deceptive interrogation techniques, disproportionately affect minors who often lack the capacity to fully understand or voluntarily waive their rights. It underscores the need for legal reforms, such as mandating attorney consultation for minors before waiving their rights.

Bringing The Firepower: Examining Muzzle Energy And Caliber Of Ammunition In The Context Of Mass Shootings, Cody Jorgensen, Benjamin P. Comer

Criminal Justice Faculty Publications and Presentations

Prior research focusing on mass shootings in the US has established the significant role of weapons in these events. Despite the extensive literature on the topic, minimal consideration has been given to the specific muzzle energy and caliber of ammunition used in these events and whether these factors influence the outcome of these shooting incidents. The current study examined the effect of muzzle energy and caliber of ammunition on the number of victims killed and injured in mass shootings. Analysis of The Violence Project (Version 6) mass shooting dataset indicated that the muzzle energy of the ammunition used in a …

Fourteen Going On Forty: Challenging Sex Offender Registration For Juveniles Under The Fourteenth Amendment Equal Protection Clause, Emily Baker

William & Mary Bill of Rights Journal

Part I of this Note reviews the historical background leading to the development of sex offender registration laws and examines relevant Supreme Court precedent. Part II analyzes the principles of juvenile justice, the application of juvenile sex offender registration policies, and the collateral consequences of youth sex offender registration. Part III argues that registered juvenile offenders should be considered a quasi-suspect class and thus receive intermediate scrutiny in equal protection analysis, and challenges the constitutionality of juvenile sex offender registries, particularly the South Carolina statutory scheme. Part IV examines the turning legal tide against juvenile registration through the recent Model …

Gendered Perceptions And Socio-Economic And Spatial Determinants Of Fear Of Crime: An Empirical Analysis In Szczecin, Poland, Natalia Sypion, Arkadiusz Kołodziej, Michael Leitner, Marek Dutkowski

Faculty Publications

The study of the fear of crime phenomenon provides a socially and politically important research question. Many studies show that gender differentiates the fear of crime, which is why we examine this phenomenon in a spatial perspective. The female versus male perspective of feelings of safety in residential areas were significantly different. The research was carried out using the CAWI technique in the city of Szczecin, in Poland (n=346). The research also examined which factors influenced the fear of crime the most: darkness, socio-economic characteristics, type of violations, number of registered crimes, or the assessment of police work. The research …