Digital Commons Network^™

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

Washington and Lee Law Review

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 …

R. V. Bykovets: An Affirmation Of Canadians’ Right To Informational Privacy, Bertina Lou

Canadian Journal of Law and Technology

The R. v. Bykovets decision illustrates how new technological realities can reconfigure societal norms and values in ways that demand recognition in the eyes of the law. This case commentary summarizes the Supreme Court’s 2024 Bykovets decision and situates it in jurisprudence on Section 8 of the Canadian Charter in relation to informational privacy. It also demonstrates how the normative approach applied by the SCC in Bykovets, which reflects increased accountability for third parties to safeguard individuals’ privacy, appropriately reconciles divergences in jurisprudence over time.

La décision R c. Bykovets illustre comment les nouvelles réalités technologiques peuvent reconfigurer les …

The Privacy Fallacy: Harm And Power In The Information Economy By Ignacio Cofone, Christopher D'Souza

Canadian Journal of Law and Technology

‘‘Our privacy is besieged by tech companies,”1 laments Ignacio Cofone, Law Professor and privacy aficionado, in The Privacy Fallacy: Harm and Power in the Information Economy. In an enlightening yet harrowing discourse, Cofone draws on insights from behavioural science, sociology, and economics2 to argue that the widespread consent-based model of privacy is not only outdated, but untenable given modern data practices.3 Further, Cofone acknowledges the increasing use of Artificial Intelligence (AI) in data processing, leading to novel challenges for the safeguarding of personal information.4 Thus, The Privacy Fallacy is more than just about privacy law’s shortcomings; it also raises questions …

Columns Fall 2024, Southern Adventist University

Alumni Newsletter

Features information about summer events, department updates, Missions, and Homecoming.

Crime Pays: Michigan’S Peculiar Funding Of Public Libraries Through Penal Fines, Cody James

Faculty Journal Articles & Other Writings

No abstract provided.

Git Gud: The Case For Virtual Prison Games In The Fourth Industrial Revolution, Colleen M. O'Toole, Calvin V. Nguyen

Northern Illinois University Law Review

This Article aims to reframe the debate over how best to address the enormous financial and social costs of a criminal justice system which relies on traditional, brick-and-mortar prisons to control criminal behavior. Addressing the question of responsibility, it evaluates the role that judges and prosecutors play in perpetuating a persistent cycle of crime, arrest, and incarceration in a brick-and-mortar prison system, what this Article calls “Shawshank” prisons. Two forces which have shaped the criminal justice system are singled out for special attention: the bail system and the role of race in American politics.

After comparing the cost of the …

Vol. 45, No. 1, Fall 2024: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

Table of Contents and Masthead for Volume 45, Issue 1 of the Northern Illinois Law Review

Fall 2024 Degree Summary, Systems Intelligence And Data Analytics, University Of Nebraska At Omaha

Enrollment Reports

No abstract provided.

Feasibility Of Creating A Non-Profit And Nongovernmental Organization Cybersecurity Incident Dataset Repository Using Osint, Stanley Mierzwa, Iassen Christov

Center for Cybersecurity

Organizations of all types are prone to cybersecurity and information security attacks. Non-Profit Organizations (NPOs) and Non-Governmental Organizations (NGOs) are not exempt from using information technology solutions and, thus, have been the recipient victims of cyber attackers. There exist many areas and venues where data are collected to report back annually on the status and numbers of cybersecurity attacks against many sectors of our society. The Department of Homeland Security (DHS) Cybersecurity and Infrastructure Security Agency (CISA) catalogs sixteen critical sectors that are considered vital to the United States. However, finding where the NPO and NGO community should reside with …

Utilizing A Virtual Firewall Appliance For Introducing And Reinforcing The Concepts And Implementation Of Devices To Improve Security In A Computing Environment, Stanley Mierzwa, Christopher Eng

Center for Cybersecurity

The educational realm of higher education cybersecurity curriculum continues to evolve to provide more opportunities for experiential hands-on and work role-related practical applications of technology solutions. Gaining more excellent competencies is quickly becoming a standard requirement for programs with the National Security Agency Center of Academic Excellence designation. The work roles of cybersecurity include a variety of knowledge, skills, and abilities, depending on the activity category or task. Firewalls have been a staple cybersecurity, network security, and information security device and strategy to protect organization networks and computing environments. This paper will provide details and a description of the effort …

Intoxicated Scootering: Rethinking Electric Scooter Liability In Washington, David Goodwin

Washington Law Review

The widespread acceptance of electric scooters has transformed the landscape of urban transportation. Yet, the emerging phenomenon of intoxicated scootering poses unanswered questions of liability and accountability. New research indicates that a third of traumatic electric scooter injuries are associated with intoxicated scootering. This statistic is particularly alarming given that there are over fifty million scooter trips per year in the United States.

In Washington State, the State Legislature has not enacted a state-wide policy against intoxicated scootering. Instead, the Legislature delegates the authority to regulate the operation of electric scooters to local governments. Due to the ambiguity of whether …

Honoring The Other: The Imago Dei As A Foundational Doctrine For How The Church Treats The Marginalized, Brett A. Desper

Doctor of Ministry

The church struggles to minister to those on the margins of society, frequently dehumanizing those it ministers to. This dissertation argues that a starting point for addressing this issue is a renewal of the imago Dei doctrine as the foundation of what it means to be human. Chapter One defines the problem by referring to two primary problem areas: poverty and displaced people. A definition of poverty is offered, and four primary approaches to alleviate poverty are examined. Causes and definitions of displacement of people from their homes are offered, and some current relief methods are evaluated. Finally, a fundamental …

The Importance Of Policing, Stephen Rushin

South Carolina Law Review

No abstract provided.

Greater Of Two Evils: Trial Penalty Or Plea Penalty?, Breanne Potter

Cardozo Journal of Equal Rights & Social Justice

The article critiques the prevalence of plea bargaining in the U.S. criminal justice system, arguing that while it is often seen as a necessary evil for efficiency, it undermines constitutional rights and perpetuates injustice. The author introduces the concept of the "plea penalty," which refers to the significant and often overlooked consequences of accepting a guilty plea, such as the loss of rights and long-term collateral consequences. The article challenges the notion that the trial penalty—harsher sentences for those who go to trial—is the only concern, emphasizing that the plea penalty can be equally detrimental. It advocates for systemic reforms …

Not Just Mercy: Governors Should Use The Executive Clemency Power As A Corrective Tool For Mass Incarceration, Laura Tierney

Cardozo Journal of Equal Rights & Social Justice

The note argues that state governors should revive the use of executive clemency as a corrective tool to address mass incarceration and its disproportionate impact on communities of color. Executive clemency, which includes pardons, commutations, and sentence reductions, offers a means to provide immediate relief and promote social justice. The author emphasizes the historical roots of clemency as a check on the criminal justice system and advocates for its use to reduce prison populations and counteract the legacy of punitive policies.

The Impact Of Restorative Practices On Conflict And Student Perceptions Of School In Secondary School Classrooms, Michael Oberlander

School of Education and Leadership Student Capstone Projects

This capstone sought to answer the question: How can restorative justice practices reduce conflict and increase positive perceptions of school in secondary school classrooms? The historical background of zero tolerance policies and the school to prison pipeline created a need for an alternative approach to punitive discipline in schools. Restorative practices provide an opportunity for students to actively engage in solutions to wrongdoing alongside those that have been negatively affected. Through affective language, group discussion, and a solution focused approach, restorative practices can have a positive effect on socioemotional growth, improved school environment, and the school to prison pipeline. The …

Expanding Mental Health Courts In Illinois: How The Illinois Mental Health Court Treatment Act Is Not As Inclusive As It May Appear, Amelia O'Neal

Northern Illinois University Law Review

Far too many people in the criminal justice system also face mental illness. The Illinois Mental Health Court Treatment Act was passed in 2009 to help defendants who were facing mental health problems. It provides an alternative adjudication process. Many people who have committed crimes and are facing mental illness need help in ways that the typical criminal justice system cannot provide. Mental health courts can help people in these scenarios by providing alternative sentencing, less punitive sanctions, treatment programs, and many other benefits. Mental health courts provide an option that many people were not privy to until the early …

St. Mary's University - Music Department - Elizabeth Hish, Qiuying Chen

Music Department

Beth Hish shared her experience as a volunteer of the Fiesta Jazz Festival, included her role and favourite moment.

Exploring The Denial Of Institutional Racism: Impacts Of Social Identity, Perceptions Of Privilege, And Threat, Kalen Charles Kennedy

Dissertations (1934 -)

This dissertation consists of one correlational and one experimental study grounded in Social Identity Theory, which posits that individuals derive a significant portion of their self- concept from their membership in social groups (Tajfel & Turner, 1986). One’s social identity plays a crucial role in how individuals interpret intergroup relations. Building on this understanding, I explored factors that may explain the denial of institutional racism among White individuals, focusing on the importance of their racial identity, attitudes towards White privilege, and the perception of social threat. In Study 1, which included 193 White participants, a weak positive correlation was found …

Case Global: Faculty And Students Making A Global Impact In Extraordinary Times, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 16, No. 1 (2024)

• CWRU International Law student leader selected  as National Jurist Law Student of the Year
• CWRU Among the Best
• Three Decades of Global Impact
• Case Western Reserve Journal of International Law Tackles Global Climate Change
• The only Law School with a Foreign Policy Radio Program
• International Law Moot Court Powerhouse
• Celebrating the 75th Anniversary of the Universal Declaration and CWRU’s historic contributions to human rights
• CWRU law students develop Holocaust Memorial curriculum
• Yemen Accountability Project publishes fifth White Paper
• Financial Integrity Institute Expands
• Immigration Law program marks an extraordinary year
• International internships
• Capstone Placements take Students …

In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents

• To preserve, protect and expand
• Road to victory
• Welcoming a legal luminary
• Scholarly Impacts and Recognitions
• Pro bono pathways
• Society of Benchers
• Alumni Committees
• Class Notes
• In Memoriam
• Honor Roll of Donors

Shocking Sentences, John B. Meixner Jr.

Scholarly Works

Harsh recidivist sentencing penalties, like three-strikes laws, have been criticized heavily among both academics and practitioners on a number of different grounds. Most arguments focus on how sentences arising from these penalties are disproportionate—that there is no sensible relationship between the wrong committed and the sentence imposed. Those critiques are valid, but there’s another important problem with recidivist sentencing penalties that has been overlooked: they lead to sentences that are totally unexpected—indeed, shocking—to the defendants who face them. Many recidivist sentencing penalties cause large leaps in sentencing exposure that amount to exponential growth when compared with a defendant’s prior sentences. …

The Relationship Between Health Anxiety, Health Information Seeking Behaviors, And Healthcare Outcomes, Rima Malkan

Theses and Dissertations

The relationship between health anxiety and health information-seeking behaviors (HISB) suggests a possible bidirectional or reciprocal relationship, suggesting that health anxiety leads to HISB and HISB exacerbates health anxiety. The motivations for individuals seeking different types of health information vary and may be impacted by numerous factors that lead to particular health outcomes. However, the impact of these collective variables on healthcare outcomes has not been extensively investigated. The current study aimed to bridge this gap in the literature. The study sample consisted of 133 individuals ages 20-77 years who had varying levels of health anxiety. Results suggested that those …

A Rule Without A Reason: Determining The Capacity For Negligence Of A Person With Mental Illness, Alex Geisinger, David Dematteo, Kellie Wiltsie, Chelsea Jackson

William & Mary Law Review

Since the pandemic, the impacts of structural bias on racial minorities and other groups have become an even more compelling concern for legal commentators. One group that has received some attention in the effort to confront bias is the mentally ill. This attention has coincided with a rise in the willingness of individuals to talk about, and destigmatize, mental health issues in society. Yet, despite these efforts, along with a long and well-established body of scholarship that criticizes its treatment of mental illness, the civil law—particularly the law of tort—continues its entrenched refusal to consider mental illness when determining the …

Intimate Partner Violence-Related Brain Injury: Unmasking And Addressing The Gaps, Carrie Esopenko, Divya Jain, Shambhu Prasad Adhikari, Kristen Dams-O'Connor, Michael Ellis, Halina Lin Haag, Elizabeth S Hovenden, Finian Keleher, Inga K Koerte, Hannah M Lindsey, Amy D Marshall, Karen Mason, J Scott Mcnally, Deleene S Menefee, Tricia L Merkley, Emma N Read, Philine Rojcyk, Sandy R Shultz, Mujun Sun, Danielle Toccalino, Eve M Valera, Paul Van Donkelaar, Cheryl Wellington, Elisabeth A Wilde

Faculty, Staff and Students Publications

Intimate partner violence (IPV) is a significant, global public health concern. Women, individuals with historically underrepresented identities, and disabilities are at high risk for IPV and tend to experience severe injuries. There has been growing concern about the risk of exposure to IPV-related head trauma, resulting in IPV-related brain injury (IPV-BI), and its health consequences. Past work suggests that a significant proportion of women exposed to IPV experience IPV-BI, likely representing a distinct phenotype compared with BI of other etiologies. An IPV-BI often co-occurs with psychological trauma and mental health complaints, leading to unique issues related to identifying, prognosticating, and …

Standing At The Crossroads: An Analysis Of The Circuit Split Over Ada Tester Standing, Jennifer Tedisco

Cardozo Journal of Equal Rights & Social Justice

This Article analyzes the circuit split concerning whether self-appointed testers without intent to travel or book a reservation have Article III standing to sue hotels forfailing to disclose accessibility information on their websites in violation of an Americans with Disabilities Act ("ADA") regulation. This Article ultimately argues that these testers should have standing under an informational injury and/or stigmatic injury rationale. However, negative perceptions ofADA testers coupled with the Supreme Court's recent standing decisions haveput the private enforcement of the ADA and other disability rights statutes in jeopardy. In hopes ofpreserving the ability oftesters to bring suit against hotels and …

An Examination Of Civil Asset Forfeiture In South Carolina, Jeffrey Trowbridge

Theses and Dissertations

Civil asset forfeiture allows the government to seize and forfeit property that is associated with criminal activity without arresting or charging the property owner. Although expansive in its potential application, little is understood about the characteristics of civil asset forfeiture cases, the property owners involved in forfeiture cases, or the characteristics of any criminal cases pursued parallel to the civil cases. Utilizing open-source, public court records, this dissertation provides an exploratory analysis of these gaps in the literature by examining the types of civil asset forfeiture used, the value of asset forfeiture cases, how money from asset forfeiture is divided …

Unlocking The Vote: Hopkins V. Hosemann As A Catalyst For Restoring Voting Rights To Nonviolent Felons, Emily K. Abrams

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Taking The Law Into Their (Virtual) Hands: Facebook And Digital Vigilantism, Christine Anne R. Cox

Department of Communication Faculty Publications

Digital vigilantism is an emerging phenomenon whereby netizens engage in forms of targeted surveillance, naming and shaming through new media, supposedly for social justice ends. The multi-layered case of Christine Dacera, the Filipina flight attendant who was found dead on New Years Day 2021, is one such case that warrants the critical investigation of the role of Facebook in vigilant behaviors of Filipino users. Using netnographic data and an affordances approach, this study asks the following: What are the dominant affordances associated with the use of Facebook for digital vigilantism, and how does surveillance enable the new normal of community …

Gendered Capital Punishment, Sandra L. Babcock

Cornell Law Faculty Publications

This Article, for the first time, grapples with the influence of gender on decision makers in women’s capital trials. Part I provides a brief overview of scholarship examining the experiences of women offenders in the criminal legal system. Part II explains how gender inflects the prosecutions of women charged with capital crimes, drawing on scholarly research as well as a data set comprised of the trial transcripts of every woman currently on death row in the United States. Part III explores how the gender of key decision makers could affect the quality of justice received by women capital defendants. I …