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Law Enforcement Use Of Facial Recognition - A Comparative Approach Between The United States And Europe To Tackle The Racial Bias Of Facial Recognition Against People Of Color, Louise Grégoire

American University International Law Review

This article is focused on the use of Facial recognition technology (FRT) by law enforcement in the United States and Europe and the issue of racial bias.

From Alienation To Rootedness: Discrimination Against Indigenous Peoples In The Philippines Through Education, Katrina Isabela F. Blanco

American University International Law Review

This article tackles the existing discrimination against indigenous peoples in the Philippines in law, policy, and practices. This article discusses indigenous peoples in context, the international and domestic legal framework on IP rights, and the legal (and moral) right to education and the right to indigenous education.

Examining Effects Of Perceived Discrimination And Loneliness On Overall Health Outcomes In Black Americans, Apoorva Saravanan

AUCTUS: The Journal of Undergraduate Research and Creative Scholarship

On average, Black Americans suffer more from a wide range of diseases when compared to White Americans. The national mortality rate for Black Americans is also 24% higher than their White counterparts. Although there are multiple factors contributing to such disparities, one line of research provides strong evidence that negative health outcomes are more likely to occur in Black Americans who experience racial discrimination than those who experience no discrimination. A separate line of research also provides evidence that loneliness is a major health risk factor. In fact, prior research indicates that the experience of discrimination and loneliness are both …

Originalism & Judicially-Enacted Religious Exemptions: Revisiting Employment Division Of Oregon V. Smith, Eric Russell Coykendall

CGU Theses & Dissertations

In the 1963 case Sherbert v. Verner , the Supreme Court read the First Amendment’s Free Exercise Clause to mean that, in certain cases, religious believers should be exempted from otherwise applicable laws. In 1990, the Supreme Court essentially overturned that framework in the case Employment Division of Oregon v. Smith . The Smith case has proved quite controversial, and numerous public-interest law firms, especially those that defend religious litigants, have regularly asked the Court to overturn it in favor of a re-application of the Sherbert precedent. Their contention is often that the Smith ruling is inconsistent with the original …

Culture And Community: The Importance Of Black Spaces In Community Colleges, La Quirshia Fennell

CGU Theses & Dissertations

At present, California community colleges serve a large proportion of Black students, but these students are not adequately supported to reach their educational goals (The Campaign for College Opportunity, 2019; National Student Clearinghouse Research Center, 2022; Cross & Carman, 2022 Simpson, J., & Bista, K., 2021). Extensive research documents the importance of culturally engaging campuses and student sense of belonging to academic success (Museus, 2014; Museus et al., 2017; Harper et al., 2009; Strayhorn et al., 2010; Sanders, 2016; Tichavakunda, 2020). A puzzle remains in understanding why these aspects of campus support may be falling short for Black students. I …

Data Driven Trade-Off Analysis For Cybersecurity, Goskel Kucukkaya, Murat Ozer, Murat Balci, Emrah Ugurlu

Engineering Management & Systems Engineering Faculty Publications

Trade-off analysis, a specialization of systems engineering, addresses design criteria like security, cost, performance, and compliance. Monte Carlo simulations are commonly employed to generate impact scenarios for trade-off analysis combined with solution alternatives that accommodate industry-specific considerations and uncertainties. In the cyber domain, this paper proposes a methodology for data-driven trade-off analysis in cybersecurity, leveraging industry reports as primary data sources using confidentiality, integrity, and availability as trade-off analysis objectives. Distribution functions are derived to manage and model uncertainties for various industries. The approach given in this study aims to facilitate informed choices and to enhance cybersecurity decision making and …

A Fourth Amendment Pathfinder: Stop-And-Frisk And Race, Emily Pratt

Upper Level Writing Requirement Research Papers

No abstract provided.

Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan

Seattle University Law Review

The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …

Corporate Racial Responsibility, Gina-Gail S. Fletcher, H. Timothy Lovelace Jr.

Faculty Scholarship

The 2020 mass protests in response to the deaths of George Floyd and Breonna Taylor had a significant impact on American corporations. Several large public companies pledged an estimated $50 billion to advancing racial equity and committed to various initiatives to internally improve diversity, equity, and inclusion. While many applauded corporations’ willingness to engage with racial issues, some considered it further evidence of corporate capitulation to extreme progressivism at shareholders’ expense. Others, while thinking corporate engagement was long overdue, critiqued corporate commitment as insincere.

Drawing on historical evidence surrounding the passage of Title II of the Civil Rights Act of …

The Brady Database, Brandon L. Garrett, Adam M. Gershowitz, Jennifer Teitcher

Faculty Scholarship

The Supreme Court’s landmark ruling in Brady v. Maryland turns sixty this year. The Brady doctrine, which requires the government to disclose favorable and material evidence to the defendant, is one of the most frequently litigated criminal procedure issues. Yet, despite decades of Brady cases in federal and state courts, we still know relatively little about how Brady claims are litigated, adjudicated, and what such claims can tell us about the criminal justice system writ large. Scholars are in the dark about how often Brady violations occur, whether it is primarily the fault of prosecutors or the police, whether violations …

Trauma As Cultural Capital: A Critical Feminist Theory Of Trauma Discourse, Lucy Britt, Wilson H. Hammett

All Faculty Scholarship

This essay theorizes a problem for feminism posed by a particular form of trauma discourse. Feminists have played an important role in developing cultural and clinical conceptions of trauma, but one result of the destigmatization of trauma has been that trauma discourse is sometimes used as a form of cultural capital to reinforce existing hierarchies. In a novel application of Pierre Bourdieu's theory of distinction, we show how, when instrumentalized as cultural capital, trauma discourse can be used to reinforce patriarchy and other systems of oppression. We trace a critical feminist history of the struggle to understand and treat trauma. …

The "New" Drug War, Jennifer D. Oliva, Taleed El-Sabawi

Articles by Maurer Faculty

American policymakers have long waged a costly, punitive, racist, and ineffective drug war that casts certain drug use as immoral and those who engage in it as deviant criminals. The War on Drugs has been defined by a myopic focus on controlling the supply of drugs that are labeled as dangerous and addictive. The decisions as to which drugs fall within these categories have neither been made by health agencies nor based on scientific evidence. Instead, law enforcement agencies have been at the helm of the drug war advocating for and enforcing prohibition.

The drug war has been a failure …

Through Smoke And Mirrors: Excluding Malingering Expert Testimony Under The Daubert Standard, Chunlin Leonhard, Christoph Leonhard

Georgia Law Review

Because of science’s claim to objectivity, scientific testimony is persuasive and often outcome-determinative. Our adversarial system incentivizes litigants to proffer scientific evidence to support their positions. The task falls on trial judges as gatekeepers to distinguish valid scientific evidence from junk science. Drawing this line is difficult because scientific evidence covers a broad spectrum. The United States Supreme Court has set forth the standard of admissibility of scientific evidence in Daubert and its progeny (the Daubert Standard). Trial judges are supposed to admit scientific evidence only if reliable and relevant under the Daubert Standard. But three decades after Daubert, …

Statistical Abstract, Fiscal Year 2024, Tennessee. Department Of Correction

Annual Statistical Abstract

This document is the annual statistical report for the Tennessee Department of Correction during the fiscal year.

Annual Report, Fiscal Year 2024, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.

Grasping The Third Rail: Restorative Justice And Violent Crime, Olwyn Conway

Scholarly Articles in Law Reviews & Journals

Restorative justice is a means of responding to harm— including criminal offenses—through active accountability and repair, rather than through passive punishment and isolation. While restorative justice has demonstrated potential to meaningfully improve processes and outcomes for individuals and communities, the implementation of restorative justice programs to address crime—both within and alongside the American criminal system—has been slow, limited, and misplaced. Programs are often directed at low-level, nonviolent offenses that involve little if any cognizable harm. This approach creates two problems. One, it risks net-widening: bringing more citizens under criminal surveillance and carceral control for minor offenses—further diluting the constitutional and …

Insider Trading Law Should Be Void For Vagueness, Richard Lee

UIC Law Review

No abstract provided.

Perverted Discovery: Rethinking The Admissibility Of Dna Evidence To Prevent Potential Wrongful Convictions, Michael Vega

UIC Law Review

No abstract provided.

Electronic Prison: A Just Path To Decarceration, Paul H. Robinson, Jeffrey Seaman

UIC Law Review

No abstract provided.

Innocent Until Proven Guilty: Unless You’Re Poor. Righting A Systemic Wrong Under The Pretrial Fairness Act, Natasha Brown

UIC Law Review

No abstract provided.

The Line Between Justice And Abuse: A Critical Review Of Staterico Statutes In Drug Prosecution, Jaylen Minefield

UIC Law Review

No abstract provided.

There’S A New Sheriff In Town: How Federal Consent Decrees With Municipal Police Departments Should Be Structured To Better-Serve Police Departments And The Public, Michael Brady

UIC Law Review

No abstract provided.

Negotiating Environmental Justice In Ukraine, Paul R. Williams, Sindija Beta

Case Western Reserve Journal of International Law

This Article examines the dynamics of negotiating environmental justice in Ukraine amid pressure from certain international actors for an Amnesty-Based Peace in Ukraine. While it is currently unclear how Russia’s war in Ukraine will end, it is likely that there will be significant discussion around forms of justice, including how to address the grave environmental damage Russia has caused in Ukraine. This Article looks at previous precedents of Amnesty-Based Peace in Angola, Haiti, and Uganda and decisions and commentaries by international actors to argue that appeasement has not fostered durable peace and is generally disfavored by judicial and non-judicial bodies. …

Connecticut Law Review Table Of Contents 56-2

Connecticut Law Review

No abstract provided.

Victims’ Participation In An Era Of Multi-Door Criminal Justice, Béatrice Coscas-Williams, Hadar Dancig-Rosenberg, Michal Alberstein

Connecticut Law Review

Victims’ right to participate in their cases—to hear and be heard—has gained formal recognition in both common law and continental legal cultures over the past two decades. Paradoxically, even as victims’ rights are acknowledged, their participation in the judicial process is increasingly circumscribed due to the proliferation of abbreviated and efficiency oriented judicial procedures. Focusing on this paradox, this Article uncovers and analyzes the level of victims’ participation in an era of convergence and transformation of legal cultures and traditions. By exploring new ways to conceptualize the role of victims within contemporary criminal legal systems, this Article explores various and …

The Innocence Standard: Supreme Court Nominees And Sexual Misconduct, Lisa Avalos

Connecticut Law Review

Should the United States Senate allow judicial nominees who have been credibly accused of sexual misconduct to be seated on the Supreme Court? How should we handle these allegations when they arise during the vetting process? Despite the importance of these questions, lawmakers have failed to address them.

The contentious Clarence Thomas hearings in 1991 featured testimony from Professor Anita Hill and did much to raise Americans’ awareness about the prevalence of sexual misconduct in the workplace. Although Professor Hill subsequently called for the Senate to implement a process for addressing future sexual misconduct allegations against Supreme Court nominees, her …

Black Lives Matter: Is It Political?, Caroline O. Glaser

Honors Theses

The present research focused on foster ing greater support for the Black Lives Matter (BLM) movement by examining factors that predict support for the movement, and possible mechanisms implicated in this relationship. The BLM movement was founded in 2013 following the death of teenager Trayvon Martin, and reached a remarkable height of media attention in the summer of 2020, following the murder of George Floyd. Since then, support for BLM has fluctuated, becoming a highly politicized movem ent that has faced much public debate.

Our study focused on factors that predict support for BLM in the current politic al climate. …

Twins At Bat(Son), Strikes Are Out: Minnesota’S Opportunity To Restore Batson V. Kentucky By Eliminating Peremptory Strikes, Samuel Buisman

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Prosecutorial Independence Lost: How Prosecutorial Bureaucracy Is Politicized In South Korea, Neil Chisholm

Emory International Law Review

How is prosecutorial independence lost? How does a prosecution system’s design affect its political independence? This Article analyzes the inner workings of South Korea’s Prosecutors’ Office, which adheres to the Continental European style of prosecutorial organization and independence that emphasizes mechanisms of bureaucratic accountability for prosecutors. Based on interviews with prosecutors, police, judges, lawyers, scholars, and activists, it shows how independence is lost in three key areas of prosecutorial activity: personnel policy, investigations, and charging decisions. This article argues that aspects of the Continental tradition make prosecutors vulnerable to politicization.

Personnel policy has selected prosecutors meritocratically at young ages, trained …

Privatization And Flawed Punishment: An Economic Analysis And Critique Of Private Prisons In The United States And United Kingdom, Gabriella A. Badmus

Northwestern Journal of International Law & Business

No abstract provided.