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Community Responsive Public Defense, Alexis Hoag-Fordjour

Fordham Law Review

This colloquium asks us to consider how social change is influencing the legal profession and the legal profession’s response. This Essay applies these questions to organizing around criminal injustice and the response from public defenders. This Essay surfaces the work of four innovative indigent defense organizations that are engaged with and duty-bound to the communities they represent. I call this “community responsive public defense,” which is a distinct model of indigent defense whereby public defenders look to their clients and their clients’ communities to help shape advocacy, strategy, and representation.

Methodologically, this Essay relies primarily on qualitative interviews with leaders …

Symposium Introduction: The Volume Problem, Jeffrey Bellin

William & Mary Law Review

Introduction to the 2024 William & Mary Law Review symposium, "Understanding and Responding to Mass Incarceration."

Bottom-Up Federal Sentencing Reform, Andrew W. Grindrod

William & Mary Law Review

Today, about 160,000 people live behind the bars of a federal prison. That is roughly the population of Alexandria, Virginia. Starting from the premise that the federal system’s contribution to mass incarceration should be curbed and recognizing that broad legislative reform seems unlikely, this Article considers the federal judiciary’s potential role in sentencing reform.

Bottom-up sentencing reform consists of federal trial judges exercising their decisional authority in individual cases to engage with the fundamental premises and assumptions that underlie traditional sentencing decisions, categorically rejecting them when appropriate. This approach to reform is available under current law. In fact, a few …

Barriers And Best Practices On The Management Of Opioid Use Disorder, Michelle Krichbaum

All Publications

Opioids refer to chemicals that agonize opioid receptors in the body resulting in analgesia and sometimes, euphoria. Opiates include morphine and codeine; semi-synthetic opioids include heroin, hydrocodone, oxycodone, and buprenorphine; and fully synthetic opioids include tramadol, fentanyl and methadone. In 2021, an estimated 5.6 million individuals met criteria for opioid use disorder. This article provides an overview of the pharmacology of heroin and non-prescription fentanyl (NPF) and its synthetic analogues, and summarizes the literature related to the management of opioid use disorder, overdose, and withdrawal. This is followed by a description of barriers to treatment and best practices for management …

Diondre Also Has Bad Days: Cannabis Use And The Criminalization Of Black Youth, Rommel Johnson

School of Rehabilitation Services & Counseling Faculty Publications

Black, school-aged youth may experience socioeconomic, psychological, and emotional difficulties that affect their mental health, leading to maladaptive ways of coping, such as cannabis use. Instead of getting treatment and support to help them manage their stressors in positive ways, Black youth often receive punitive school practices, including referrals to the juvenile justice system. Counselors who work with school-aged youth are likely to encounter many Black youth and can thus either be instrumental to their psychological development or inadvertently impede their well-being with over-pathologization and criminalization of their cannabis use. In this article, the author reflects on a particular experience …

Perbandingan Pengaturan Kuota Pemilihan Perempuan Dan Kondisi Keterwakilan Perempuan Di Parlemen: Studi Kasus Indonesia, Timor-Leste, Dan Finlandia (A Comparison Study Of The Quotas And Conditions For Women's Representation In Parliament In Indonesia, Timor-Leste, And Finland), Ramadhanya Elwinne Huzaima Sibarani

The Indonesian Journal of Socio-Legal Studies

Women’s representation in parliament is an important aspect of improving gender equality in a country. As of the 2019 parliamentary elections, women’s representation in the Parliament of the Republic of Indonesia (DPR RI) has only reached 21.4%. This figure is far below Timor-Leste and Finland, which respectively have 40% and 47% women’s representation. To increase the number of women’s representation in parliament, there is a concept called women's electoral quota. This study attempts to compare how women’s electoral quotas are regulated in Indonesia, Timor-Leste, and Finland. In addition, this study also reviews the condition of women’s representation in the parliaments …

The Wall Between Latinas And Latinos? Gender And Immigration Enforcement Attitudes Among U.S. Latina/O Voters, Álvaro José Corral

Political Science Faculty Publications

Donald Trump’s surprising level of support among U.S. Latina/o voters in 2016 and his improved performance in the 2020 election posed a puzzle for Latina/o politics scholars given his stridently anti-immigrant agenda. Although scholars have acknowledged the political gender gap between Latinas and Latino men, few studies have outlined the theoretical basis or explored the empirical existence of gender differences in Latina/o immigration enforcement attitudes. Building on the Latina politics literature documenting Latinas’ greater engagement in solidarity work with immigrants and their greater desire for cultural transmission and the maintenance of pan-ethnic identity, I test two hypotheses. The first (the …

Which Police Departments Make Black Lives Matter?, Robert Maranto, Wilfred Reilly, Patrick J. Wolf

Education Reform Faculty and Graduate Students Publications

Black Lives Matter (BLM) has gained support across racial lines and considerable financial backing. Yet it is unclear whether social science has responded with research likely to save Black lives. To encourage more applied research and related public discussion, we rank police departments in the 50 largest U.S. cities by their effectiveness in keeping homicides low and not taking civilian lives, while adjusting for poverty, which makes policing more difficult. We find enormous variation in police performance and offer qualitative evidence that this reflects organizational practices. We conclude with ideas for reform.

Black Girls Youth Participatory Action Research & Pedagogies, Kimberlé W. Crenshaw, Venus E. Evans-Winters

Faculty Scholarship

More than a decade ago, as a group of anti-racist and feminist researchers, including one of the authors, set out to survey the landscape of the schooling experiences of Black girls, we encountered a pronounced knowledge desert that threatened research-informed policy interventions that served to protect Black girls. Most research at the time focused on the educational experiences of male, female, or Black students. There was hardly any readily available data on the school-based outcomes of Black girls as a specific group of students with a unique set of experiences. In Black Girls Matter: Pushed Out, Overpoliced, & Underprotected (Crenshaw, …

Legal Framework For The Use Of Artificial Intelligence (Ai) Technology In The Canadian Criminal Justice System, Gideon Christian

Canadian Journal of Law and Technology

This article seeks to identify and examine critical issues arising from the deployment and use of AI recidivism risk assessment tools in the Canadian criminal justice system. It commences with the historical evolution of these tools in the criminal justice system, tracing their development from the first generation to the emergence of AI-driven risk assessments. By examining the progression of risk assessment tools from their origins to the current AI-powered systems this research aims to provide a comprehensive understanding of the challenges and opportunities that these tools present. The article then delves into crucial issues such as algorithmic bias, highlighting …

Impaired, In Pairs, Cristina Carmody Tilley

Faculty Publications

Rape, like many other one-on-one aggressions, can be treated as both a crime and a tort. But neither body of law responds effectively to these aggressions. Criminal rape prosecution is notoriously difficult, and civil rape suits are notoriously rare. Today, as private law theorists have begun to study tort’s potential to drive social justice on issues of race, gender, and class, it is an ideal time to reassess the terms of civil liability for intimate injury. Culture has long limited “real rape” to premeditated, stranger-on-stranger, aggression. Consequently, tort has long categorized what this Essay terms “non-collaborative sex” as an intentional …

Audience Response To Covid Monologues: Research-Based Theater On The Societal Impact Of Covid-19, Emily A. Hurley, Saraniya Tharmarajah, Genevieve De Mahy, Jess Rassp, Joe Salvatore, Jonathan P. Jones, Steven A. Harvey

Manuscripts, Articles, Book Chapters and Other Papers

PURPOSE: Research-based theater uses drama to communicate research findings to audiences beyond those that typically read peer-reviewed journals. We applied research-based theater to translate qualitative research findings on the impact of the COVID-19 pandemic on different segments of U.S. society.

APPROACH: Theater artists and public health researchers collaborated to create a collection of eight monologues from systematically sourced, peer-reviewed publications. Following three virtual performances in Spring, 2021, audience members were invited to complete a survey.

SETTING/PARTICIPANTS: Audience survey respondents (n = 120) were mostly U.S.-based and were diverse in terms of age, race/ethnicity, gender, profession, and experience attending theater.

METHOD: …

Critical Data Theory, Margaret Hu

William & Mary Law Review

Critical Data Theory examines the role of AI and algorithmic decisionmaking at its intersection with the law. This theory aims to deconstruct the impact of AI in law and policy contexts. The tools of AI and automated systems allow for legal, scientific, socioeconomic, and political hierarchies of power that can profitably be interrogated with critical theory. While the broader umbrella of critical theory features prominently in the work of surveillance scholars, legal scholars can also deploy criticality analyses to examine surveillance and privacy law challenges, particularly in an examination of how AI and other emerging technologies have been expanded in …

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

Georgetown Law Faculty Publications and Other Works

The killing of unarmed African-American Ahmaud Arbery and others ignited a wave of public outrage and re-focused attention on race and the criminal justice system. During the recent federal hate crimes proceedings for Arbery’s death, the prosecution introduced evidence relating to the alleged past racist acts of the defendants. This type of evidence may be seen as highly probative and desperately needed to do justice in hate crimes cases. On its face, however, such type of evidence appears to be inadmissible owing to the well-known—but little understood— evidentiary ban on character evidence prescribed in Federal Rule of Evidence 404(b) and …

Baselining Historical And Cultural Context For Law Students: Aba Standard 303(C) And New York Law School’S “Community Days: Law In Context” Programme, Anthony W. Crowell

Articles & Chapters

No abstract provided.

A Phenomenological Study Of School Psychologists: The Influence Of Implicit Bias On The Disproportionate Identification Rates Of African American Students Evaluated For Emotional Disturbance, Sonya Coe-Milo

Electronic Theses and Dissertations

As advocates, school psychologists remain ethically responsible and uniquely positioned to identify social injustices and promote nondiscriminatory practices in prekindergarten through grade 12 public education institutions. Implicit bias and its influence on African American students is one such practice. In public education, implicit bias contributes to discipline disproportionality, differentiated teacher support, pedagogical practices, and adult perceptions and expectations of appropriate and inappropriate behaviors. These factors directly correlate to the disproportionate identification rates of African American students for special education and related services. Therefore, this phenomenological qualitative study examined the personal, lived experiences and perceptions of school psychologists regarding implicit bias …

Artificial Intelligence And Perception: An Empirical Study, Anthony J. Neil

Theses and Dissertations

This thesis investigates the impact of adjusting artificial intelligence explainability levels’ outputs on user perception. The overarching study extends within the Explainable Artificial Intelligence (XAI) domain. It examines a spectrum of variables, including performance, cognizance, familiarity, transparency, system bias, and the overall impact of AI, to understand their collective and individual effects that enable effective professional use in an organization. The study aims to illuminate the relationship between the degree of explainability provided by large language models such as ChatGPT, Bard, and Bing AI and the performance of these models when tasked with XAI adjustments.

School Leaders’ Understanding And Implementation Of Their School District’S Mission And Vision Statements: A Qualitative Study, Venice P. Daley

Theses and Dissertations

The purpose of this qualitative exploratory case study was to explore the perspectives of school leaders in a single public school district regarding their purpose in leadership, understanding, and implementation of their school district’s mission and vision statements. Three research questions guided the study:

1. How do Florida’s public school leaders incorporate or implement the district’s mission

and vision statements in their daily practice?

2. How do Florida’s public school leaders incorporate the school district’s vision and

mission statements into their purpose as leaders or roles as educational leaders?

3. How and in what ways do Florida’s public school leaders …

Designing Sanctuary, Rick Su

Michigan Law Review

In recent decades, a growing number of cities in the United States have adopted “sanctuary policies” that limit local participation in federal immigration enforcement. Existing scholarship has focused on their legality and effect, especially with respect to our nation’s immigration laws. Largely overlooked, however, is the local process through which sanctuary policies are designed and the reasons why cities choose to adopt them through city ordinances, mayoral orders, or employee handbooks. This Article argues that municipal sanctuary policies are far from uniform, and their variation reflects the different local interests and institutional actors behind their adoption and implementation. More specifically, …

Voting While Trans: How Voter Id Laws Unconstitutionally Compel The Speech Of Trans Voters, Emmy Maluf

Michigan Law Review

Thirty-five states currently request or require identification documents for in-person voting, and these requirements uniquely impact transgender voters. Of the more than 697,800 voting-eligible trans people living in states that conduct primarily in-person elections, almost half (43 percent) lack documents that correctly reflect their name or gender. When an ID does not align with a trans voter’s gender presentation, the voter may be disenfranchised—either because a poll worker denies them the right to cast a ballot or because the voter ID requirement chills their participation in the first place. Further, when a trans voter presents an ID that does not …

Dhea: A Neglected Biological Signal That May Affect Fetal And Child Development, Natasha A. Bailey, Elysia Poggi Davis, Curt A. Sandman, Laura M. Glynn

Psychology Faculty Articles and Research

The stress-sensitive maternal hypothalamic–pituitary–adrenal (HPA) axis through the end-product cortisol, represents a primary pathway through which maternal experience shapes fetal development with long-term consequences for child neurodevelopment. However, there is another HPA axis end-product that has been widely ignored in the study of human pregnancy. The synthesis and release of dehydroepiandosterone (DHEA) is similar to cortisol, so it is a plausible, but neglected, biological signal that may influence fetal neurodevelopment. DHEA also may interact with cortisol to determine developmental outcomes. Surprisingly, there is virtually nothing known about human fetal exposure to prenatal maternal DHEA and offspring neurodevelopment. The current study …

Building A Bridge Between Punitive And Restorative Practices: A Comparative Study Of Best Practice Models For Restorative Justice Within Student Conduct In Higher Education, Justin Stern

Theses and Dissertations

This study analyzes several leading restorative practices programs in Higher Education as they relate to student conduct. The purpose of this study is to craft a best practice model of restorative justice within the framework of student conduct work in higher education. This study uses a qualitative approach to establish the learning outcomes of restorative justice on a college campus, as well as how this practice is operationalized. The study also reviews the general and possible implications future research of such a paradigm shift within student conduct in higher education.

Outcome Reasons And Process Reasons In Normative Constitutional Theory, Lawrence B. Solum

Faculty Scholarship

Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make some arguments that seem clearly fallacious and advance proposals that are pie in the sky. One of the reasons for the mess is an overreliance by constitutional theorists on “outcome reasons,” justifications that rely on the theorist’s beliefs about what outcomes are good and what outcomes are bad. This outcome-drive approach is exemplified by the so-called “canonical cases” argument, which evaluates positions in normative constitutional theory on the basis of its counterfactual implications for a handful of prior decisions of the Supreme Court. …

Racial And Neighborhood Disparities In New York City Criminal Summons Practices, Anna Stenkamp, Michael Rempel

Publications and Research

The purpose of this study is to assess trends in criminal summons practices by the New York City Police Department (NYPD), including if and how they disproportionately impact low income and/or Black and Brown communities. The New York City Council commissioned the study as part of the Police Reform and Reinvention Collaborative Plan. Approved March 2021, the goals of this plan were both to document and ameliorate policies and practices that have led to historic injustices and over-policing of low-income New Yorkers and communities of color.

Assessing Progress In Reducing Racial Disparities In New York City Law Enforcement, 2013-2022, Stephen Koppel, Michael Rempel

Publications and Research

As part of New York City's Police Reform and Reinvention Collaborative Plan, this study assesses overall trends and racial disparities from 2013 to 2022 in four law enforcement practices: (1) pedestrian stops, (2) desk appearance tickets, (3) arrests, and (4) prosecutions by district attorneys.

Color Contrast: Racial And Ethnic Disparities In New York City Law Enforcement, Gina Moreno, Richard A. Espinobarros, Sheyla A. Delgado, Jeffrey A. Butts

Publications and Research

Researchers at the John Jay College Research and Evaluation Center examined racial and ethnic disparities in arrest rates across New York City neighborhoods, focusing on assault and larceny offenses. Using 911 call data and demographic controls, the study grouped neighborhoods by proportions of Black and Hispanic residents and analyzed arrest patterns. While arrests of Black and Hispanic individuals were more common in neighborhoods with higher populations of these groups, the arrest-to-resident ratios revealed disproportionate impacts, especially for larceny. The findings highlight the importance of monitoring disparities to promote equitable justice practices.

“I Thought It Would Help” A Review Of Criminal Justice Undergraduate Knowledge Of Miranda Rights, Ellen Marcia Mcleod

Electronic Theses and Dissertations Archive

This study aims to better understand the levels of understanding of Miranda rights amongst college undergraduate students who are studying criminal justice. By considering many factors like race, education, exposure, and confidence in understanding, this study looks to narrow down the components of Miranda rights that are misunderstood and what could be contributing to misunderstanding. The data were collected from a vignette style survey that measured various factors that could be contributing to the understanding or misunderstanding of Miranda rights. Results indicate that there are differences in Miranda understanding across different components of Miranda. However, results show that Black students …

Vol.51 N.32 February 29th 2024, Voice Media Ventures

Black Voice News

No abstract provided.

Book Review: Tracers In The Dark: The Global Hunt For The Crime Lords Of Cryptocurrency, Marion Jones

International Journal of Cybersecurity Intelligence & Cybercrime

Doubleday released Andy Greenberg’s Tracers in the Dark: The Global Hunt for the Crime Lords of Cryptocurrency in November 2022. Through vivid case studies of global criminal investigations, the book dispels myths about the anonymizing power of cryptocurrency. The book details how the ability to identify cryptocurrency users and payment methods successfully brought down several large criminal empires, while also highlighting the continuous cat-and-mouse game between law enforcement officials and criminal actors using cryptocurrency. The book is an excellent resource for law enforcement officials, academics, and general cybersecurity practitioners interested in cryptocurrency-related criminal activities and law enforcement techniques.

Kenyon Collegian - February 29, 2024

The Kenyon Collegian

No abstract provided.