Digital Commons Network^™

Making Things Worse, Failing To Make Things Better, Dov Waisman

Florida Law Review

This Article presents the first extensive analysis of a question in American tort law that has remained unresolved for nearly a century. When someone voluntarily attempts to protect another person from a pre-existing, independent risk of harm, should they be held liable for negligently failing to make the situation better or should they be held liable only if they negligently make the situation worse? Different courts have answered this question differently. Noting the absence of a clear pattern in the case law, the Second and Third Restatements of Torts both decline to take a definitive position on the issue. I …

A Democratic Restraint On Incarceration, Marah Stith Mcleod

Florida Law Review

We face a crisis of excessive incarceration. Undeserved punishment violates a bedrock principle of justice, yet criminal defendants are often imprisoned without assurance that their deprivation of liberty and exclusion from society is deserved. Legislatures are under powerful pressures to authorize and even mandate carceral penalties that may exceed individual culpability; prosecutors have strong cost incentives to threaten undeserved penalties to induce guilty pleas, and to pursue those penalties if defendants refuse to plead guilty; and judges face like institutional pressures to sentence defendants more harshly if they insist on trial. This Article proposes a new sentencing model that employs …

Imperfect Insanity And Diminished Responsibility, E. Lea Johnston

Florida Law Review

Insanity’s status as an all-or-nothing excuse results in the disproportionate punishment of individuals whose mental disorders significantly impaired, but did not obliterate, their capacities for criminal responsibility. Prohibiting the trier of fact from considering impairment that does not meet the narrow definition of insanity contradicts commonly held intuitions about mental abnormality and gradations of responsibility. It results in systemic over-punishment, juror frustration, and, at times, arbitrary verdicts as triers of fact attempt to better apportion liability to blameworthiness. This Article proposes a generic partial excuse: Diminished Responsibility from Mental Disability. This excuse could be asserted as an affirmative defense at …

From Sheltering To Sentencing: An Examination Of Immigrant Harboring Under 8 U.S.C. § 1324, Annie K. Kreikemeier

Missouri Law Review

Imagine you are washing dishes in the restaurant where you work when government officials walk through the front door. You hear them announce that they have a warrant to search the restaurant and ask to speak with the owners. Amidst all of the confusion and panic, you become instantly alarmed. If the owners are arrested, you will lose your job, your living space, and your means of transportation. Even more terrifying, you realize the impending raid likely indicates your imminent removal from the country. You are one of the estimated 11,047,000 unauthorized immigrants currently living in the United States. If …

The Second Amendment Preservation Act: Revealing The Realities Of Congress’S Commerce Clause Power, Tasneem Huq

Missouri Law Review

“If men were angels, no government would be necessary.” When James Madison published this in the Federalist Papers, the United States Constitution was not even a year old. The Framers were striving to convince American citizens of the Constitution’s vitality while simultaneously grappling with the challenges of developing what the new government, as to be set forth in the Constitution, should look like. The challenge, as identified by Madison, was that the government needed the power to govern while retaining the ability to control itself. The Framers sought to address this problem by creating a system of federalism. But rather …

Cardozo Law News Brief: January 31, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the January 31, 2025 Cardozo Law News Brief include:

• Students participated in the 42nd Annual ITAP, sharpening their trial skills in an intensive litigation training program.

• Cardozo’s Kukin Program for Conflict Resolution offered hands-on mediation and advocacy experience through intensive dispute resolution courses.

• Professor Peter Markowitz spoke to Fox 5 New York about the importance of NYC’s sanctuary city laws.

• Professor Saurabh Vishnubhakat was quoted in The Guardian and Forbes on TikTok’s legal future under President Trump.

• Professor Jocelyn Getgen Kestenbaum appeared on ABC News to reflect on International Holocaust Remembrance Day and the rise of global …

  ---

  Go to article

January 31, 2025 Ereporter, University Of Alabama At Birmingham

eReporter (campus newsletter)

No abstract provided.

The Role Of Religious Associations Of Ukraine In The Development Of Civil Society, Oleh Sokolovskyi

Occasional Papers on Religion in Eastern Europe

In Ukraine, over the years of independence, a diverse religious environment has formed based on the legislatively guaranteed right to freedom of conscience and religion and the principle of religious pluralism. This environment consists not only of individual religious organizations but also of interfaith institutions, which play a significant role in Ukraine's development and contribute to resolving important societal issues. Their existence is compelling evidence of the church's strengthened position, the growing social role of religion, and the increased activity of religious organizations within Ukrainian society. Interfaith councils, which engage in a broad range of interests and activities, have facilitated …

Liberty, Safety, And Misdemeanor Bail, Brandon L. Garrett, Sandra Guerra Thompson, Dottie Carmichael, David Shi, Songman Kang

Florida Law Review

The highest volume of cases in the U.S. criminal system are misdemeanors, and every day, hundreds of thousands of people are detained pretrial in such low-level cases. In policy and in politics, pretrial rules have swung between a focus on protecting constitutional rights and the public safety dangers posed by releasing arrestees. The Supreme Court’s ruling in United States v. Salerno sought to promote a balance between protecting individual due process rights and public safety interests. A central constitutional and pressing policy question is what trade-off exists between pretrial liberty and reoffending. The highest profile jurisdiction to examine that question …

Stepping Up Ohio: 2024 Evaluation Report, Melissa Burek, Philip M. Stinson, Mackenzie Grace, Stephanie Decroix

Criminal Justice Faculty Publications

No abstract provided.

Voices For Justice: Firsthand Accounts Of Innocent People Fighting For Access In New York’S Post-Conviction Process, Perlmutter Center For Legal Justice At Cardozo Law

Perlmutter Center Reports

In 2018, the New York State Court of Appeals’ decision in People v. Natascha Tiger created an insurmountable obstacle for wrongfully convicted individuals pursuing innocence claims. The ruling held that a guilty plea precluded persons accused of crime from challenging their conviction in the absence of newly discovered, exculpatory DNA evidence. This is a troubling fact given 97% of felony convictions and 99% of misdemeanor convictions in New York State are resolved by guilty plea. The National Registry of Exonerations documented that 24% of all exonerated people across the United States pled guilty to crimes they did not commit. According …

The Cowl - V. 88 N. 12 - January 30, 2025

The Cowl

The Cowl - student newspaper of Providence College. Vol. 88 No. 12 - January 30, 2025. 16 pages.

Impaired Driving Among Rural Appalachian Women In The Year Following Incarceration, J. Matthew Webster, Megan F. Dickson, Shawn M. Jamison, Michele Staton

Journal of Appalachian Health

Introduction: Despite the known risks associated with substance use following incarceration, no studies have examined substance-impaired driving as a post-incarceration health risk behavior in rural Appalachia.

Purpose: The present study examined differences by impaired driving following incarceration and identified predictors of impaired driving in sample of rural Appalachian women with a history of drug use and risky sex.

Methods: Women (N=340) from three rural Appalachian jails completed a baseline interview in jail and follow-up interviews at six and 12 months post-release. Interview questions included demographic characteristics and information on substance use risk, mental health, criminal legal system involvement, and impaired …

The Parthenon, January 29, 2025, Sarah Davis, Baylee Parsons, Kaitlyn Fleming, Nate Harrah, Caden Adkins, Scott Price, Ella Bumgardner, Wade Sullivan

The Parthenon

No abstract provided.

Faculty Senate Minutes, Georgia Southern University, Faculty Senate

Faculty Senate Minutes

No abstract provided.

Examining Organizational Changes In A Lead Organization With Local Chapters, Scottie Y. Mcclaney

Walden Dissertations and Doctoral Studies

This qualitative study examined the balance between local autonomy and organizational uniformity in a statewide nonprofit organization. Local chapters operated within the lead organization’s framework while retaining flexibility to establish their own bylaws, presenting challenges in communication, representation, and consistency. Guided by the research questions—How do the autonomous structures of the local chapters affect internal communication both within individual chapters and across local chapters? and To what extent do operational practices, methodologies, and goals vary across the local chapters, and are there identifiable lead practices that can be universally adopted to enhance the overall efficiency of chapters? —this study explored …

Examining Organizational Changes In A Lead Organization With Local Chapters, Scottie Y. Mcclaney

Walden Dissertations and Doctoral Studies

This qualitative study examined the balance between local autonomy and organizational uniformity in a statewide nonprofit organization. Local chapters operated within the lead organization’s framework while retaining flexibility to establish their own bylaws, presenting challenges in communication, representation, and consistency. Guided by the research questions—How do the autonomous structures of the local chapters affect internal communication both within individual chapters and across local chapters? and To what extent do operational practices, methodologies, and goals vary across the local chapters, and are there identifiable lead practices that can be universally adopted to enhance the overall efficiency of chapters? —this study explored …

Fraternal Order Of Police Pennsylvania Lodge V. Township Of Springfield

2025 Decisions

USDC for the Eastern District of Pennsylvania

Usa V. Joseph Abbinanti

2025 Decisions

USDC for the Western District of Pennsylvania

Quantitative Analysis Of The Impact Of State Gun Laws And Gender Distribution On Illicit Firearm Trafficking: A Multiple Linear Regression Study Using Data From 2017–2021, Celeste Marre Quinn

Harold L. Hodgkinson Award for Outstanding Dissertation

This quantitative, correlational study examines the impact of state gun law stringency and gender distribution among firearm possessors on illicit firearm trafficking, focusing on three key outcomes: firearm traces, perfected firearm traces, and straw purchases. In response to the pressing need to understand factors driving firearm trafficking, this research aims to inform public safety initiatives and policy strategies. Guided by deterrence theory, the study investigates how legislative strength and gender-based possession patterns influence trafficking indicators. Secondary data were analyzed using multiple linear regression to assess relationships between the IVs of state gun law stringency and gender distribution of firearm possessors …

Obstacles For Women In Policing Seeking Leadership Positions, Catina Dukes

Walden Dissertations and Doctoral Studies

Women’s representation in policing has grown throughout time, yet women continue to be underrepresented in policing as well as higher-ranking leadership positions. Despite efforts to increase their representation, many women in policing have yet to receive the proper promotion that they are due over their male counterparts. Further, when women are promoted, they are usually assigned to deal with crimes such as sexual assault, child abuse, human trafficking, and domestic violence against women. While prior research has addressed these gaps, there are a lack of data on the challenges women encounter while working toward leadership positions in the police workforce. …

Measuring Operational Vs. Organizational Stress Among Rural Law Enforcement In Western Colorado, Michael Stephen Scotto

Walden Dissertations and Doctoral Studies

New research on rural law enforcement stress levels reveals concerning implications for police reform and community safety, particularly in western Colorado where officers face unique challenges. This quantitative study examined age group differences in operational and organizational stress among rural law enforcement officers using one-way ANOVAs with post-hoc Tukey's HSD tests. The study of 191 rural officers found significant differences across age groups for both operational stress (F(2, 188) = 4.08, p = .018, η2 = .042) and organizational stress (F(2, 188) = 4.15, p = .017, η2 = .043), with officers aged 24-27 experiencing the highest stress levels. Organizational …

Quantitative Analysis Of The Impact Of State Gun Laws And Gender Distribution On Illicit Firearm Trafficking: A Multiple Linear Regression Study Using Data From 2017–2021, Celeste Marre Quinn

Walden Dissertations and Doctoral Studies

This quantitative, correlational study examines the impact of state gun law stringency and gender distribution among firearm possessors on illicit firearm trafficking, focusing on three key outcomes: firearm traces, perfected firearm traces, and straw purchases. In response to the pressing need to understand factors driving firearm trafficking, this research aims to inform public safety initiatives and policy strategies. Guided by deterrence theory, the study investigates how legislative strength and gender-based possession patterns influence trafficking indicators. Secondary data were analyzed using multiple linear regression to assess relationships between the IVs of state gun law stringency and gender distribution of firearm possessors …

Obstacles For Women In Policing Seeking Leadership Positions, Catina Dukes

Walden Dissertations and Doctoral Studies

Women’s representation in policing has grown throughout time, yet women continue to be underrepresented in policing as well as higher-ranking leadership positions. Despite efforts to increase their representation, many women in policing have yet to receive the proper promotion that they are due over their male counterparts. Further, when women are promoted, they are usually assigned to deal with crimes such as sexual assault, child abuse, human trafficking, and domestic violence against women. While prior research has addressed these gaps, there are a lack of data on the challenges women encounter while working toward leadership positions in the police workforce. …

Measuring Operational Vs. Organizational Stress Among Rural Law Enforcement In Western Colorado, Michael Stephen Scotto

Walden Dissertations and Doctoral Studies

New research on rural law enforcement stress levels reveals concerning implications for police reform and community safety, particularly in western Colorado where officers face unique challenges. This quantitative study examined age group differences in operational and organizational stress among rural law enforcement officers using one-way ANOVAs with post-hoc Tukey's HSD tests. The study of 191 rural officers found significant differences across age groups for both operational stress (F(2, 188) = 4.08, p = .018, η2 = .042) and organizational stress (F(2, 188) = 4.15, p = .017, η2 = .043), with officers aged 24-27 experiencing the highest stress levels. Organizational …

Quantitative Analysis Of The Impact Of State Gun Laws And Gender Distribution On Illicit Firearm Trafficking: A Multiple Linear Regression Study Using Data From 2017–2021, Celeste Marre Quinn

Walden Dissertations and Doctoral Studies

This quantitative, correlational study examines the impact of state gun law stringency and gender distribution among firearm possessors on illicit firearm trafficking, focusing on three key outcomes: firearm traces, perfected firearm traces, and straw purchases. In response to the pressing need to understand factors driving firearm trafficking, this research aims to inform public safety initiatives and policy strategies. Guided by deterrence theory, the study investigates how legislative strength and gender-based possession patterns influence trafficking indicators. Secondary data were analyzed using multiple linear regression to assess relationships between the IVs of state gun law stringency and gender distribution of firearm possessors …

University Of New Hampshire 2024-2025 Faculty Senate Xxix - January 27, 2025 Minutes Summary, Faculty Senate

Faculty Senate Agendas & Minutes

No abstract provided.

Week Of January 27, 2025, Student Life

College, School and Department Newsletters, Magazines, and Journals

Your weekly hub for events, resources and updates.

Lived Experience Of African American Males Upon Community Reentry Postincarceration In California, Dan Ugochukwu Duru

Walden Dissertations and Doctoral Studies

Lived Experience of African American Males Upon Community Reentry Postincarceration in California by Dan Ugochukwu Duruobishiri MS, Walden University, 2021 MA, National University, La Jolla, California, 2004 BS, California State University, Long Beach, 1998 AS, El Camino College Torrance, California, 1995 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in Clinical Psychology Walden University October, 2024 The research on the experiences of African American Black males in the criminal justice system has been a focus of scholars since the early 20th century. Researchers have demonstrated that this population faces high rates of incarceration …

Lived Experience Of African American Males Upon Community Reentry Postincarceration In California, Dan Ugochukwu Duru

Walden Dissertations and Doctoral Studies

Lived Experience of African American Males Upon Community Reentry Postincarceration in California by Dan Ugochukwu Duruobishiri MS, Walden University, 2021 MA, National University, La Jolla, California, 2004 BS, California State University, Long Beach, 1998 AS, El Camino College Torrance, California, 1995 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in Clinical Psychology Walden University October, 2024 The research on the experiences of African American Black males in the criminal justice system has been a focus of scholars since the early 20th century. Researchers have demonstrated that this population faces high rates of incarceration …