Digital Commons Network^™

The Trouble With Classifications, Aziz Z. Huq

Public Law and Legal Theory Working Papers

The Supreme Court relies increasingly on anti-classification rules to implement the Constitution’s commands of even-handed state treatment. These rules direct attention to whether an instance of a forbidden classification is present on the face of a challenged law. They contain two necessary steps. First, a court defines a general category of impermissible terms. Second, a court ascertains whether an instance of the category is found in enacted text—triggering the familiar strict scrutiny analysis. So defined, anti-classification rules now dominate Equal Protection, Free Speech, ‘dormant’ Commerce Clause, and even Free Exercise jurisprudence. The Roberts Court celebrates them as “commonsense,” citing their …

Trade Secrecy's Information Paradox, Christopher Buccafusco, Jonathan S. Masur, Deepa Varadarajan

Public Law and Legal Theory Working Papers

Trade secret law is meant to encourage socially beneficial behaviors by permitting firms to protect their investments in the creation of valuable information. In theory, the ability to protect valuable information will make firms more likely to create that information in the first instance. But the law can also be used to shield socially harmful behaviors from public oversight. Firms can assert trade secret protection to prevent journalists, watchdogs, and criminal defendants from learning whether they are engaged in dangerous, wrongful, or biased activity. Ideally, trade secret law should sort socially beneficial uses from socially harmful ones, permitting only the …

Administrative Enslavement, Adam Davidson

Public Law and Legal Theory Working Papers

There are currently over a million people enslaved in the United States. Under threat of horrendous punishment, they cook, clean, and even fight fires. They do this not in the shadow of the law but with the express blessing of the Thirteenth Amendment’s Except Clause, which permits enslavement and involuntary servitude as punishment for a crime.

Despite discussions of this exception in law reviews, news reports, and Netflix documentaries, few commentators have recognized that this enslavement happens silently. No prosecutor, judge, or defense attorney tells convicted people that they will be enslaved as punishment for their crime. It is only …

Partnership Law, Troy Christensen, Jeff Dorrill, Matthew Schindel, Madeline Ballard, James Barnett

SMU Annual Texas Survey

This Article describes and analyzes major developments in partnership law that occurred in Texas between December 1 and November 30 of 2022.

Politicians The Founders Warned You About, Neil Fulton

UC Law Constitutional Quarterly

Many articles have explored the Founders’ intentions regarding the constitutional text. Much less attention has focused on the Founders’ ideas regarding the traits needed of the leaders in a constitutional republic. The Constitution focuses on governing structures, many of which relate to the electoral process. The Constitution does not spell out the ideal traits of the leaders elected pursuant to those processes. Nonetheless, the Founders possessed clear views about the virtues and qualifications that ideal political leaders required. Indeed, the Founders issued warnings about certain archetypal political figures who, because of their flagrant disregard of the ideal virtues and qualifications, …

The Sociological Eye 2024, Loyola Marymount University, Sociology Department

The Sociological Eye Student Journal

Faculty Advisor: Dr. Stacy Burns

Editor: Katie Shepherd

Yoga And Wellness-Based Interventions With Marginalized Populations, Marisa Moore

Entry-Level Occupational Therapy Doctorate - Doctoral Capstone Symposium

In the realm of mental health, the intersection of addiction, trauma, and various behaviors represents a complex and multifaceted landscape that requires specialized understanding and treatment approaches. Upward Inertia is a nonprofit organization whose mission is to improve the mental, physical, and social-emotional health and wellbeing of marginalized populations through the use of therapeutic yoga and mind-body based interventions. Ongoing programming is currently offered at five Idaho prisons, both men's and women's facilities, ranging from minimum to maximum security. This capstone project explores the possibility of expansion to other marginalized populations including pediatrics. After investigation, there are stakeholders that are …

The Study Of Baby Boomers And Generation Z’S Attitudes Towards Generational Mental Health Dynamics, Regina M. Luttrell Ph.D., Hunter Harpin, Emma Grace Reville, Yunxiang Yu, Abagail Sweeney

Real Chemistry Emerging Insights Lab

The purpose of this research is to compare and contrast how different historical events have impacted Generation Z members’ and the Baby Boomers’ attitudes towards mental health and how those attitudes have guided members of these generations to feel about medical experts and the technology that they use to deliver their services in the post-COVID era. Studying these topics allows our group to make recommendations as to how medical experts should go about interacting with members of the Generation Z and Baby Boomer generations respectively, based on how historical events have influenced their attitudes towards mental health topics, their perceived …

Σ-Ary, Minnesota State University Moorhead, Mathematics Department

Math Department Newsletters

No abstract provided.

Frsc 307-002: Crime Scence Investigation & Lab, Parmelee Kevin

Chemistry, Environmental and Forensic Science Syllabi

No abstract provided.

2023-2024 Georgia Southern University Women's Rifle Roster, Georgia Southern University

Women's Rifle Records

No abstract provided.

2023-2024 Georgia Southern University Women's Rifle Statistics, Georgia Southern University

Women's Rifle Records

No abstract provided.

Money And Justice: How Does The Wealth Of An Individual Effect Their Opinions On The Justice System?, William Treloar

Renée Crown University Honors Thesis Projects - All

No abstract provided.

Impact Of Restorative Practices On Exclusionary Removals, Juan T. Haney Ii

Education Theses and Dissertations

This dissertation examines the impact of a restorative practice intervention on exclusionary removals at a middle school within a large urban district. The research also assesses this intervention's influence on staff turnover, student attendance, and overall school culture by capturing the insights of educators directly involved in implementing restorative practices. The study incorporated qualitative interviews with staff members and quantitative analysis of disciplinary data. The findings of this research indicate that restorative practices can reduce exclusionary removals, improve school climate, and enhance the overall experience of students and staff. The study seeks to provide a nuanced and comprehensive understanding of …

Table Of Contents (Vol. 81, Issue 4)

University of Colorado Law Review

No abstract provided.

The Politics Of Criminalization: Examining The Complex Legacy Of The 1994 Violence Against Women Act, Genevieve Mccloy

CMC Senior Theses

This thesis explores the interconnected issues of violence against women, patriarchy, and criminalization to understand the 1994 Violence Against Women Act and the factors that shaped it. Using Johns Kingond’s multiple streams framework, this paper investigates how the Act was constructed by the battered women’s movement and the United States’ shift towards tough-on-crime policies. Ultimately, this paper seeks to understand how the issue of domestic violence became rooted in criminalization and if that framework has helped deter violence against women in the United States or if it caused more problems than it solved.

Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor

CMC Senior Theses

Hollywood has painted a picture of the criminal woman as a sexy, sneaky, and often psychotic female fatale. This is because men run Hollywood. Much like movies, research on why women offend had historically focused on men as their stellar. However, towards the turn of the century and with the disproportionate rise in female incarceration, literature caught up to the fact that women and men do not experience the same socialization, standards, or reality and, therefore, have different reasons for and ways of offending. This research explores those reasons for women in the U.S. and Mexico and paints the picture …

Reconceiving Tort Law And The Role Of Insurance: Achieving Mutual Accountability, Grace Hong

CMC Senior Theses

Despite insurance being a deciding factor in whether liability is found in tort cases, it is not always reflected in tort theories and court opinions. In this paper, I offer a framework for reconceiving the role of insurance in tort law. To achieve this, I outline where insurance falls into instrumental and non-instrumental theories and why non-instrumental theories are more persuasive. After establishing this, I move to Goldberg and Zipursky’s civil recourse theory and delineate how similarities between the right to vote and right of action indicate parallel problems with failures to comprehend lack of access to the political process …

Police Flight Oversight: Lapd Drone As First Responder Implementation, Nathaniel Worley

CMC Senior Theses

This thesis explores the feasibility of implementing a Drone as First Responder (DFR) program within the Los Angeles Police Department (LAPD), analyzing the operational, social, and financial implications compared to traditional police helicopter usage. The thesis investigates helicopter flight patterns, demographic correlations, and the potential for drones to provide a less invasive and more cost-effective aerial support system. Key findings include the use of incorrect identifying hex codes by LAPD helicopters, suggesting potential transparency issues in aerial operations. The thesis recommends DFR due to substantial cost savings and enhanced surveillance transparency and asserts that a DFR program can mitigate negative …

For Richer Or Poorer: The Warren Court's Relationship To Socioeconomic Class, Nicole Jonassen

CMC Senior Theses

The U.S. Constitution does not enshrine socioeconomic rights. Why does this matter? Many argue that socioeconomic rights have value in and of themselves because they secure certain minimum conditions of human dignity, but socioeconomic rights also have instrumental value because abject material deprivation often makes traditional political and civil rights meaningless. In this thesis, I explore the relationship between U.S. constitutional law and socioeconomic rights through an analysis of the Warren Court’s decisions regarding socioeconomic class. In Chapter 1, I present existing literature on socioeconomic rights, socioeconomic rights in the American context, and what many scholars see as the Warren …

Towards Algorithmic Justice: Human Centered Approaches To Artificial Intelligence Design To Support Fairness And Mitigate Bias In The Financial Services Sector, Jihyun Kim

CMC Senior Theses

Artificial Intelligence (AI) has positively transformed the Financial services sector but also introduced AI biases against protected groups, amplifying existing prejudices against marginalized communities. The financial decisions made by biased algorithms could cause life-changing ramifications in applications such as lending and credit scoring. Human Centered AI (HCAI) is an emerging concept where AI systems seek to augment, not replace human abilities while preserving human control to ensure transparency, equity and privacy. The evolving field of HCAI shares a common ground with and can be enhanced by the Human Centered Design principles in that they both put humans, the user, at …

The Role Of Women’S Activists And Organizations In Post-Conflict Kosovo, Olivia Carusi

CMC Senior Theses

This thesis examines the role of civic organizations to advance women’s rights in Kosovo after the conflict in the late 1990s. Following the Kosovo-Serbia War, Western state building missions came into Kosovo to support Kosovo’s independence and help guide them on a path toward developed statehood. However, those missions brought with them patriarchal leaders who marginalized women’s voices and neglected to enshrine women’s rights. As a result, local actorsand organizations stepped up to improve the lives of Kosovar women. Kosovo Women’s Network (KWN), and their member organizations, is one of the most successful civic actors in Kosovo, working locally and …

Psychological Effects Of Solitary Confinement, Asia Mclemore

CMC Senior Theses

This thesis critically examines the controversial practice of solitary confinement (SC) in correctional facilities, aiming to elucidate its profound impact on the mental well-being of incarcerated individuals. Through a comprehensive review of empirical studies, theoretical frameworks, and case analyses, it explores the psychological, cognitive, emotional, behavioral, and physical responses of inmates subjected to prolonged isolation, revealing the intricate interaction between environmental deprivation and psychological distress. Key themes investigated include the induction and exacerbation of mental health conditions, including symptoms akin to post-traumatic stress disorder (PTSD), and the conflicting effects of SC on institutional order. Furthermore, the study evaluates the ethical …

Redefining Rehabilitation: Evaluating The Washtenaw County Pre-Plea Diversion Program, William Ellsworth

CMC Senior Theses

The Washtenaw County (MI) Prosecutor’s Office’s Pre-Plea Diversion Program (PPDP) aims to divert eligible misdemeanor defendants from the criminal justice system, offering rehabilitative programming to reduce reoffending and minimize the collateral consequences of a criminal conviction with case dismissal. This research assessed whether PPDP participants were less likely to be re-arrested in the six months following program completion compared to a sample of defendants facing similar charges within the same court. It was hypothesized that the PPDP would effectively reduce re-arrest, with community service and mental health counseling proving particularly impactful. Employing a quasi-experimental design, data from 90 successfully diverted …

Fend For Yourself: Lifetime Consequences Of Sending Kids To Municipal Courts Without Legal Representation, Lucy Johnston-Walsh, Tom Welshonce

Fordham Urban Law Journal

No abstract provided.

Establishing A Right To Food For “Justice”-Impacted People: An Abolitionist Strategy To Build Community, Sustainability, And Small Business In The United States, Elissa Underwood Marek

Fordham Urban Law Journal

No abstract provided.

Legal Vengeance And Popular Violence: Reimagining Justice In The Heart Of Midlothian, Melissa J. Ganz

English Faculty Research and Publications

No abstract provided.

Literature And The Law, Melissa J. Ganz

English Faculty Research and Publications

The law underwent significant changes in eighteenth-century Britain. Although these changes resulted in an expansion of rights and freedoms for some British subjects, the liberalization of the law was far from complete. This chapter considers how writers working in a range of genres revealed the limits of the law, focusing on debates about the nature and ends of criminal justice, the legal regulation of marriage, and the legality of slavery and the slave trade. In different ways and to different degrees, the chapter shows, writers challenged and reimagined the inequalities inscribed in and fostered by the legal system.

The Multitudinous Racial Harms Caused By Florida’S Anti-Dei And “Stop Woke” Laws, Katheryn Russell-Brown

Fordham Urban Law Journal

No abstract provided.

Pocket Sportsbooks: Mobile Sports Gambling In The Modern Era, Jacob Davis

Fordham Urban Law Journal

No abstract provided.