Digital Commons Network^™

Discord And The Pentagon's Watchdog: Countering Extremism In The U.S. Military, Amy Gaudion

Indiana Law Journal

In his 2022 book, Ward Farnsworth crafts a metaphor from the lead-pipe theory for the fall of Rome to consider how rage and misinformation traveling through today’s technology-enabled pipes are poisoning our civic engagement and threatening our governmental structures: “We have built networks for the delivery of information––the internet, and especially social media. These networks too, are a marvel. But they also carry a kind of poison with them. The mind fed from those sources learns to subsist happily on quick reactions, easy certainties, one-liners, and rage.”1 This Article carries the metaphor into a new context and considers what should …

All-American Crime: Reflections On Welcome The Wretched By César Cuauhtémoc García Hernández, Kit Johnson

University of Arkansas at Little Rock Law Review

In his 2024 book, Welcome the Wretched, Professor César Cuauhtémoc García Hernández questions why it is that non-citizens who have committed crimes are slated for removal from this country. After all, he notes, “Migrants don’t bring crime here. It’s already here. It always has been and always will be.”

We may not readily admit it, but crime in the United States is truly All-American. Section I of this Essay tries to shed light on the widespread nature of criminality in the United States by recounting my own crimes and those of family and friends, with the goal of pushing the …

Immigration Interference: How Immigration Law Creates A Shadow Criminal Legal System, Matthew Vogel

University of Arkansas at Little Rock Law Review

No abstract provided.

Between The Sword And A Hard Place: Systemic Solutions To The Shortcomings Of The Missouri Public Defender System, Andrew A. Bohon

Missouri Law Review

“Striving to better, oft we mar what’s well.” The attempt to solve a problem can sometimes topple a functional system entirely. The striving to improve a thing can frustrate its purpose. Limping along under the guise of functionality, however, many sociopolitical processes hinder our progress. Something works, so we cling to it in fear of making it worse. The idea has been aphorized that perfect is the enemy of good. Although a quaint and conservative philosophy, there is a countertheory: “Good is the enemy of great.”

Abuse Of Power In The Workplace: The New Gender Discrimination Claims, June Carbone, Nancy Levit, Naomi Cahn

University of the Pacific Law Review

No abstract provided.

Introduction: Forever Criminalized?: How Collateral Consequences Advance Disparities In Criminal Justice, Jenny Roberts

Hofstra Law Review

No abstract provided.

A Tale Of Two Cities: Collateral Consequences Of Misdemeanor Non-Convictions, Elizabeth Nevins-Saunders

Hofstra Law Review

No abstract provided.

People Power And Police Policy: How Denying Intervenors In Pattern-Or-Practice Police Litigation Undermines Police Accountability, Alexander Lindenfelser

Minnesota Journal of Law & Inequality

No abstract provided.

Keynote Address: Envisioning Wage Justice, Ruben J. Garcia

Minnesota Journal of Law & Inequality

No abstract provided.

The Mirage Of Artificial Intelligence Terms Of Use Restrictions, Peter Henderson, Mark A. Lemley

Indiana Law Journal

Artificial intelligence (AI) model creators commonly attach restrictive terms of use to both their models and their outputs. These terms typically prohibit activities ranging from creating competing AI models to spreading disinformation. Often taken at face value, these terms are positioned by companies as key enforceable tools for preventing misuse, particularly in policy dialogs. The California AI Transparency Act even codifies this approach, mandating certain responsible use terms to accompany models.

But are these terms truly meaningful, or merely a mirage? There are myriad examples where these broad terms are regularly and repeatedly violated. Yet except for some account suspensions …

The Overstated Cost Of Ai Fairness In Criminal Justice, Ignacio Cofone, Warut Khern-Am-Nuai

Indiana Law Journal

The dominant critique of algorithmic fairness in AI decision-making, particularly in criminal justice, is that increasing fairness reduces the accuracy of predictions, thereby imposing a cost on society. This Article challenges that assumption by empirically analyzing the COMPAS algorithm, a widely used and widely discussed risk assessment tool in the U.S. criminal justice system.

This Article makes two contributions. First, it demonstrates that widely used AI models do more than replicate existing biases—they exacerbate them. Using causal inference methods, we show that racial bias is not only present in the COMPAS dataset but also worsened by AI models such as …

Legitimacy Throughlines In The Structural Design Of International & "Internationalized" Criminal Tribunals, Michael J. Kelly

Notre Dame Journal of International & Comparative Law

Today, the rather surprising and sudden surfeit of prosecutions for international crimes by states utilizing universal jurisdiction as we open the second decade of the 21^st Century may represent a preference for domestic over international criminal prosecution altogether. Yet, the legitimacy quotient remains a key part of the discussion. For example, as discussed in section V below, with respect to the crime of Russian aggression against Ukraine, opinion is divided as to whether prosecution for this crime should proceed from a newly created international tribunal or from an “internationalized” court within the Ukrainian judicial system.[1] Ukraine backs the …

Policing In The Age Of Criminal Records, Eisha Jain

North Carolina Law Review

No abstract provided.

The Making Of A Juvenile Record: The Insidious Consequences Of Criminalizing Race, Adolescence, Disability, And Trauma, Kristin N. Henning, Rebba D. Omer

North Carolina Law Review

No abstract provided.

Desegregating Criminal Codes, Root And Branch: The Duty Not To Enforce Unconstitutional Laws, Gabriel J. Chin

North Carolina Law Review

No abstract provided.

Clean Slate, Dirty Data: An Audit Of Algorithmic Automated Criminal Expungement Laws, Colleen V. Chien

North Carolina Law Review

No abstract provided.

Revolutions In Justice: Advancing The Rome Statute System To Fight Impunity In Future Wars, Lindsay Freeman

Chicago Journal of International Law

The modern system of international criminal justice, which was born out of World War II and built in its current form during the early 1990s, is both revolutionary and a relic. The ideals, innovation, and vision that created the international legal order were ground-breaking at the time but have failed to evolve at a pace that ensures its relevance and efficacy. The challenges we face today are drastically different from those in the period in which the framework was conceived, the institutions were formed, and the laws were drafted. While these changes have been incremental over several decades, technological advances …

False Criminalization And The Erosion Of Community Equity, Deborah N. Archer, Daniel S. Harawa

North Carolina Law Review

No abstract provided.

The Crime Victims' Rights Movement: Historical Foundations, Modern Ascendancy, And Future Aspirations, Paul G. Cassell

University of the Pacific Law Review

No abstract provided.

The Day You Begin: A Case Study Of Culturally Responsive Pedagogy In Early Childhood Classrooms, Kim Shelton

Dissertations

Culturally responsive pedagogy (CRP) has garnered growing attention in early childhood education due to its potential to cultivate inclusive and equitable learning environments for increasingly diverse student populations. This qualitative case study examines how early childhood educators perceive and implement CRP in classrooms with high concentrations of immigrant and culturally diverse students. Additionally, it explores the perceived impact of these practices on instructional effectiveness, classroom climate, and teacher-student interactions.

Data was collected through semi-structured interviews, classroom observations, and document analysis. Thematic analysis yielded four central findings: (1) teachers’ understandings of CRP varied considerably, with some demonstrating strong intentionality and others …

Repugnant Verdicts For $1000: Navigating The Intersection Of Double Jeopardy And Conflicting Verdicts In Mcelrath V. Georgia, Talia Levine

Mercer Law Review

“No man is to be brought into jeopardy of his life, more than once, for the same offense.” This ancient maxim, preserved in the Double Jeopardy Clause of the Fifth Amendment, is a hallmark of the American justice system. The Double Jeopardy Clause gives a criminal defendant the constitutional right not to be tried again for the same offense after being acquitted. This guarantee stands as “[p]erhaps the most fundamental rule in the history of double jeopardy jurisprudence.”

The Supreme Court of the United States has repeatedly upheld these principles; by refusing to allow retrial following an acquittal, the Court …

Research Recap: Increasing Data Quality And Transparency In The Shelby County Criminal Justice System, Tennessee. Comptroller Of The Treasury.

Office of Research and Education Accountability

No abstract provided.

High School Student Reflections Of In-School Suspension: A Mixed Methods Study, Daniel L. Booth

Ed.D. Capstone Reports

In response to Illinois Senate Bill 100, secondary schools have increasingly relied on in-school suspension (ISS) as a disciplinary measure for addressing major behavioral infractions. As a result, ISS has evolved into a long-term holding environment for students who repeatedly engage in misconduct. This study aimed to explore the experiences of high school students who were assigned ISS multiple times during the 2023-24 academic year. Specifically, it examined students’ perceptions of their high school environment through the lens of repeated ISS assignment. The findings offer insights into how the ISS setting can be restructured to better support students and reduce …

Redesigning Post-Incarceration Employment Tax Credits: Making Work Opportunity Credits Work For Former Felons, Stephanie Hunter Mcmahon

University of Michigan Journal of Law Reform

Former felons have a significantly higher unemployment rate than other groups of American workers. This unemployment increases recidivism as well as broader societal problems. Consequently, Congress enacted the Work Opportunity Tax Credit to encourage employers to hire former felons (and other groups of targeted workers) by offsetting their wages. For the credit to increase employment, employers must know whether potential workers would likely qualify for the credit before hiring decisions are made. However, the growing Ban the Box Movement seeks to defer or eliminate conviction history questions in hiring. After examining the credit’s stated purpose, its operating mechanism, and some …

Exonerees Working For Work's Benefits: Prison Work For Social Security And Medicare, Stephanie Hunter Mcmahon

Hofstra Law Review

Exonerated individuals are released from prison, but they cannot recover the time they were incarcerated. The time is gone, as is its potential to qualify for the nation’s social safety net. Most people earn a right to the safety net and for retirement through their employment; however, even when prisoners work, they are denied employment-related benefits that would be enjoyed by those not incarcerated. Inmate labor does not earn toward Social Security, Medicare, and Social Security Disability Insurance, and the exclusion applies even if the inmate is later exonerated of the crime for which they were imprisoned. Therefore, exonerees’ mandatory …

The Correlation Between Depression And Gendered Racism Among Black Women, Charmagne M. King

Dissertations

Black women face unique challenges related to intersecting racial and gender-based discrimination, often referred to as gendered racism. Previous research has indicated this form of oppression may significantly affect mental health, particularly depression. However, few studies have examined how gendered racism interacts with racial identity and demographic factors (e.g., age, marital status, geographical location) to predict depressive symptoms. Using a sample of 164 self-identified Black women, this study investigated the correlational relationship between gendered racism and depression among Black women and examined how gendered racism, racial identity, and key covariates (age, marital status, and geographical location) predict depressive symptomatology. The …

In Place Of Prison, Grace Y. Li

UC Law Journal

A new, previously unstudied institution is addressing felonies, including violent felonies of the highest levels, without imposing incarceration as the sanction. Attempts to abolish prisons, or at least reduce racialized mass incarceration, must consider how to respond to serious and violent crimes. This Article offers an analysis of a real-world, ongoing experiment in doing so.

The Manhattan Felony Alternative-to-Incarceration Court (“ATI Court”) is the first and, thus far, the only court in the country that systematically offers defendants of any demographic and any charge the opportunity to be diverted from the traditional criminal legal system and to avoid prison. Defendants …

Online Crime Reporting: Procedural Justice And Victims' Psychological Outcomes, Sarah M. Fridrich

University Honors Theses

Online crime reporting is a newly emerging reporting method that is gaining popularity among law enforcement agencies globally for its efficiency, yet, little is known about the potential impacts of these systems on victims. This study aims to determine whether or not online systems are delivering a procedurally just experience to property crime victims, and to what extent this may impact their psychological well-being. The study uses survey responses from victims (N=788) using the Portland Police Bureau’s online reporting system. Multiple regression analyses were conducted to identify significant relationships between a variety of procedural justice factors and control variables. Significant …

Rebellion In The Streets: Activist Art As A Tool For Resistance, Anika Nichols

University Honors Theses

This paper explores the connection between art, anarchism, and Black liberation through the works of Emory Douglas, the AfriCOBRA collective, and Betye Saar. It argues that these artists create a visual language as an expressive form of resistance. One that challenges state violence, capitalist exploitation, and the cultural distortion and marginalization of Black individuals. Framed through anarchist theory, including April Carter's The Political Theory of Anarchism along with writings by Emma Goldman and Lucy Parsons, the project places activist art within a broader tradition of anti-authoritarian ideology. Therefore, by staying rooted in community and rejecting centralized control, these creative practices …

Through The Wire: Examining The Experiences Of Formerly Incarcerated Students In Prison Education Programs And The Wraparound Services Needed To Support Their Success, Isabel Castro

Dissertations

This qualitative study examines the experiences of formerly incarcerated individuals in Prison Education Programs (PEPs) and the wraparound services necessary to support their success. Through Schlossberg’s Transition Theory, this study explores how incarcerated students navigate educational transitions and how educators facilitate transformative learning. Using case study and narrative inquiry, interviews were conducted with fifteen formerly incarcerated PEP participants and seven educators.

Thematic analysis revealed six major themes: Access to Education in Carceral Settings, the Impact of Education on Incarcerated Individuals, Wraparound Services and Student Support, Experiences of Formerly Incarcerated Students, the Role of Educators and Program Facilitators, and Best Practices …