Digital Commons Network^™

Racial Disparities In Crime-Based Removal Proceedings, Emily Ryo, Ian Peacock, Weston Ley, Christopher Levesque

Faculty Scholarship

Whether and to what extent racial minorities experience harsher treatment or face worse outcomes in court are questions of fundamental importance for any justice system. Questions of racial inequality are especially salient in the context of removal proceedings that are triggered by immigrants’ criminal history. Many individuals in crime-based removal proceedings are immigrants of color who face a host of legal disadvantages that are tantamount to double penalties for the same crime for which they have already been punished through the criminal justice system. This Article offers, for the first time, systematic empirical analyses of crime-based removal proceedings decided between …

Artificial Intelligence And Procedural Due Process, Brandon L. Garrett

Faculty Scholarship

Artificial intelligence (AI) violates procedural due process rights if the government uses it to deprive people of life, liberty, and property without adequate notice or an opportunity to be heard. A wide range of government agencies deploy AI systems, including in courts, law enforcement, public benefits administration, and national security. If the government refuses to disclose the reasons why it denied a person bail, public benefits, or immigration status, serious due process concerns arise. If the government delegates such tasks to an AI system, the due process analysis does not change. One asks whether a person received adequate notice and …

Criminalization Of Immigration, Emily Ryo, Jennifer M. Chacón, Cecilia Menjívar

Faculty Scholarship

This article presents a critical analysis of social scientific research from the past fifteen years on the criminalization of immigration in the United States. Our review reveals three central themes. First, although immigration law is considered federal civil law, immigration enforcement has become substantially intertwined with criminal law enforcement in ways that have broad-ranging and radiating effects on immigrant communities of color. Second, race plays an important bidirectional role in the increasing criminalization of immigration. Specifically, criminalizing immigration results in the racialization of certain immigrant groups as dangerous outsiders, and such racialization has the effect of sustaining and promoting the …

Trauma-Informed Courts? How Judges May Influence Kids’ Experiences Of Court, Eva Mckinsey, Amelia Ashton Thorn, Minjee Kristin Kim, Catherine Gorey

Faculty Scholarship

No abstract provided.

Introduction To Perspectives On The International Criminal Court And International Criminal Law And Procedure: A Symposium In Memory Of Megan Fairlie, Howard Wasserman

FIU Law Review

No abstract provided.

Vol. 53, No. 2: Table Of Contents, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Vol. 53, No. 2: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Sex Crimes And Progressive Prosecution: Reimagining Sex Offenses And Sorn Laws As An Opportunity For Criminal Justice Reform, Kana Turley

Journal of Criminal Law and Criminology

As progressive efforts to reform the U.S. criminal legal system continue to take form, one category of crime has been consistently overlooked: sex offenses. While the carceral system is often condemned for its excessive punitiveness, severe punishments for sex offenders remain largely unchallenged and even popular. A primary example of these punishments is sex offender registration and notification (SORN) laws, which significantly constrain the lives of sex offenders after they have served their time in prison. Though subject to decades of empirical criticism from scholars, much of which has found that SORN laws have no significant impact on sex offender …

Hostos Community College Academic Bulletin 2024-2025, Hostos Community College

College Bulletins

This is the official college catalog for 2024-2025. It contains course descriptions as well as information on degree programs, college resources and services, financial aid, admissions, and the academic calendar.

Business Law In The Ring: Nevada's Rebel Rules Versus Delaware's Corporate Crown, Kalin Sokell, Collin Weires

Nevada Law Journal Forum

This White Paper will begin with an analysis of specialized courts, starting with the Delaware Court of Chancery. It will then compare Delaware’s courts with the business courts in Texas and Nevada and will provide a detailed implementation plan for a specialized business court in Nevada. Next, this White Paper will address the differences between the corporate laws in Nevada and Delaware, including the benefits of incorporating in Nevada versus Delaware. The White Paper will then briefly discuss the proposed general jurisdiction bill in Nevada, and why it ultimately failed. Finally, this White Paper will end with remarks on where …

Examining The Relationship Between Racial, Ethnic, And Economic Residential Segregation And Cigarette Smoking Among A Nationally Representative Sample Of Young Adults, Shyanika W. Rose, Mary Kay Rayens, Mona Azadi, Elexis C. Kierstead, Amanda Y. Kong, Kimberly Horn

Behavioral Science Faculty Publications

Introduction

Predominantly Black, Hispanic or Latino, and lower-income communities are overexposed to tobacco. This study investigated the relationship between cigarette smoking and racial/ethnic and economic segregation using the Index of Concentration at the Extremes (ICE). Aims and Methods

A nationally representative sample of 4091 (aged 18–34 years) was surveyed between September and October 2016. We calculated census-tract population estimates to form ICE measures for ethnicity, race, income, ethnicity and income, and race and income. Quintiles were determined, with Quintile 1 (Q1) representing the most Hispanic/Latino, Black, and lowest-income neighborhoods and Q5 representing the most non-Hispanic/Latino, White, and highest-income neighborhoods. State …

Examining How Adverse Childhood Experiences, Resilience, And Social Support Influence Academic Satisfaction, Zoe Caldwell

Master's Theses or Doctor of Nursing Practice

College students face many challenges while working toward their educational goals (Meneghel et al., 2019). Although stressors may not seem significant, they are important to address as the effects accumulate over time and can have a negative impact on students' performance (Gresham & Karatekin, 2023). Without the impact of ACEs, children would be better equipped with skills that could help them continue with higher education, gain better employment, and break the cycle of trauma for any future children. Resilience can help students cope with challenges and improve their chances of graduation and academic success (Myat Zaw et al., 2022). One …

Framed By Education: Labeling, Stigma, And The Behavioral Pathways Of Alternative School Students, Abigail Dempsey

Electronic Theses and Dissertations

Alternative education has emerged as a critical part of the education system, addressing the needs of students who face academic, behavioral, or personal challenges. However, concerns persist about their long-term effectiveness and the stigma associated with alternative school placements. This study examines how stigma tied to alternative school placements impacts delinquency outcomes among adolescents, utilizing labeling theory as a conceptual framework. Drawing on longitudinal data from the Pathways to Desistance dataset, this research explores the relationships between school placement, self-perception of success, and delinquent behaviors. It also serves to investigate whether labeling of an alternative school placement creates a self-fulfilling …

Contextualizing Violence Against Women: The Influence Of Social Solidarity On Attitudes Toward Gendered Violence In Bangladesh, Tasnia Symoom

Theses and Dissertations--Political Science

Existing theories, such as Social Identity Theory, Social Dominance Theory, and the Black Sheep Effect, explain how group biases shape social attitudes but overlook the role of social contexts, such as relational dynamics, hierarchical stability, and norm violations, in influencing attitudes toward violence against women (VAW). This research addresses that gap by advancing the Selective Solidarity Theory (SST), which integrates group identity processes with contextual factors to explain selective support for perpetrators or victims based on identity and circumstance.

Using an original national survey experiment in Bangladesh, the study examines how gender, religious affiliation, and political partisanship affect public …

An Intersectional Exploration And Analogue Investigation Of Transgender And Gender Diverse Bi+ Women’S Preferences For Sexual Violence Vulnerability Reduction Interventions, Sara K. Kuhn

Theses and Dissertations

Transgender and gender diverse (TGD) bisexual+ (bi+, e.g., pansexual, polysexual) women disproportionately experience sexual violence victimization and their acceptability of applicable interventions is under-researched. Online self-report data was collected from 240 ethnoracially diverse bi+ adult American women, who identified as TGD (n = 69) or cisgender (cis; n = 171), and who read standardized descriptions of interventions. TGD bi+ women found intervention descriptions inclusive of their sexual and gender identities—and those including in-person active resistance strategy instruction (bystander/self-defense)—more acceptable. Intervention descriptions with alcohol use and/or sexual activity reduction components were largely found to be less acceptable. Intervention elements of importance …

Student Participation In Informal Resolution: Examination Of Impact Factors On Recidivism And Student Perceptions Of Institutional Care And Fairness, Linnea Rose Nelson

Theses and Dissertations

This exploratory case study, conducted at the University of North Dakota (UND), examined factors influencing recidivism and student perceptions of institutional care and fairness among participants in the piloted Informal Resolution (IR) option. A restorative justice (RJ)-informed alternative to the traditional student conduct process, the IR is offered to students charged with first-time, low-level violations of UND’s code of conduct. This study aimed not only to evaluate the new process but also to respond to recent calls from scholars and practitioners for more extensive research on the intersection of RJ and student conduct outcomes. Sherman’s (1993) defiance theory provided the …

Codec-M: The Multi-Lingual Manosphere Subcorpus Of The Corpus Of Digital Extremism And Conspiracies, Rachel Mccullough, Daniel Drylie, Mindl Barta, Cass Dykeman, Daniel Smith

English Faculty Publications

In 2023, the U.S. Surgeon General warned the public of the current “loneliness epidemic” and its potential consequences on physical and mental health. One possible consequence of this epidemic is the growth of a movement defined by loneliness and isolation: the incel (“involuntary celibate”) movement. This warning presents a worrying glimpse at the future, as the incel movement, along with other parts of the manosphere, is one that espouses violently misogynist rhetoric which is intrinsically linked to right-wing extremism. While linguistic studies have been conducted on the speech of incels and other constituent movements of the manosphere, few of these …

The Effect Of Need For Closure, Gender Essentialism, And Contact On Transphobia, Jacob E. Vargas

College of Education and Human Sciences: Dissertations, Theses, and Student Research

Using a motivated social cognition framework, this study explores whether there is an indirect effect of need for closure on transphobia via gender essentialism and whether this relationship is moderated by transgender contact. Data were collected from an undergraduate sample of 405 cisgender participants (n_men = 159, n_women = 246). A simple mediation and a moderated mediation were used to examine the hypothesized relationships, controlling for participant gender. Results reinforced the positive correlation between gender essentialism and transphobia and the negative correlation between transgender contact and transphobia. However, the mediation and moderation hypotheses were not supported. Need …

Rethinking Misdemeanor Incompetence, Susan A. Mcmahon

Emory Law Journal

The competence to stand trial system is a “slow-moving tsunami” that has grown exponentially in recent years, capturing far more people than jurisdictions have the capacity to handle. As a result, individuals who are incompetent become trapped in pretrial competence purgatory, often detained in jail for months or even years. The harms of this system can be tragic. Competence detainees have died by suicide, starvation, and beatings. They are placed in solitary confinement, experience neglect and abuse, and deteriorate mentally and physically while confined. Often, these individuals are accused of misdemeanors. Often, they go through the competence process only to …

How Grand Jury Secrecy And Bias Protects And Perpetuates Police-Suspect Impunity, Ilana M. Friedman

Law Faculty Scholarly Articles

This Article proceeds in four parts. Part I introduces the theoretical frameworks for various questions involving police-suspect grand juries, including the structure and function of contemporary grand juries, the law surrounding examinations into an officer’s use of force, modern prosecutorial influences, findings from social psychologists on the impacts of diversity on jury decision-making practices, and how police-suspect grand juries implicate unique political pressures.

Part II presents a description of original methods of data collection. To investigate this setting, forty-seven in-depth, semi-structured interviews with twenty-one respondents in five field sites around the country was conducted. Respondents included civilians and legal

professionals …

The Migration Of Abolition Theory, Matthew Boaz

Law Faculty Scholarly Articles

This Article considers whether and how theories of abolition developed by criminal law scholars are transferrable to the realm of immigration enforcement. A key question is how abolitionist principles might be employed in support of critiques of the United States’ immigration regulatory regime in the same way that these principles have been deployed in denouncing racialized policing and an injurious, industrialized prison system.

This Article makes two contributions: First, it identifies and illuminates a methodology adopted by critical and decarceral criminal law scholars: (i) denouncing the harms of a structural system, (ii) identifying the normative justification(s) for this system, and …

Nipping It In The Bud: The Promise And Perils Of Tort Litigation In Addressing The Health Harms Of High-Thc Products, Rebekah Ninan

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

In the last decade use of marijuana has skyrocketed. With the legalization of marijuana in states across the country, a nascent but increasingly powerful cannabis industry has formed. This industry has not only introduced cannabis products into the mainstream, but it has created high-THC products more powerful than anything found in nature or previous black markets. These products, including oils, vapes, and edibles, may have health effects that are unlike any risks that researchers have previously identified with cannabis. Science has started to sound the alarm, but the issue has remained unaddressed in the law. Only two states have introduced …

The State[S] Of Confession Law In A Post-Miranda World, Eve B. Primus

Journal of Criminal Law and Criminology

Police interrogators often use lies, threats, subterfuge, and psychological pressure to coerce vulnerable suspects to speak. These tactics produce false confessions, contribute to racial injustice, and undermine the legitimacy of the criminal process. Despite a documented need for better regulation, theU.S. Supreme Court has watered down constitutional protections in the interrogation room, signaling its intent to delegate most regulation of police interrogation practices to the states. Reformers and scholars must think about how best to push states to fill the void left by the absence of federal oversight.

This Article catalogues four different state approaches to regulating confession law: procedural …

Ending The Presumption Of Reasonableness And Using Data To Reduce Sentencing Disparities, Brandon Mordue

Journal of Criminal Law and Criminology

The idea that one’s punishment should depend on the crime committed rather than which judge happens to do the sentencing strikes most as uncontroversial, if not a requirement for a fair sentencing regime. Forty years ago, the passage of the Sentencing Reform Act promised just that result. Increased data availability allows us to evaluate the project’s success. The results are not encouraging.

Federal defendants are sentenced using guidelines issued by the United States Sentencing Commission that sometimes bear little relation to the underlying wrongdoing. This has created a split among judges, with some following the guidelines and others rejecting them. …

Police Misconduct: Combatting The Complicity Crisis, Eric Arnold

Journal of Criminal Law and Criminology

This Comment explores the current state of police reform in the city of Chicago, with a special focus on the various oversight agencies currently in force. Chicago has a long history of police misconduct, and the city has tried to make changes over the years to restore the community’s trust in policing. The police reform movement became especially prevalent in recent years following the fatal shooting of Laquan McDonald by a Chicago Police Officer in 2014. This Comment will show why the current mechanisms in place are insufficient to bring the needed change to the Chicago Police Department, and that …

Justice Ginsburg's Criminal Justice Legacy: Fair Tribunals, Fair Punishment, Sandra Guerra Thompson, Samantha Medlin

Journal of Criminal Law and Criminology

Scholars have written much about Supreme Court Justice Ruth Bader Ginsburg’s legacy in many areas of law, but her criminal justice legacy has yet to be fully articulated, likely because she penned few important opinions in this field. This article argues that Justice Ginsburg had an enormous impact across a large area of criminal justice cases decided by the slimmest majority. We explore these close cases and, in so doing, we show her to have played a crucial role in a remarkable number of landmark cases that extended important constitutional protections to criminal defendants. Specifically, she joined the majorities in …

Towards A Federalism(S) Framework Of Punishment, Sheldon A. Evans

Journal of Criminal Law and Criminology

Federalism and its impact on criminal punishment is foundational to understanding the failures of mass incarceration. Scholars studying the negotiation of power between the federal and state governments have highlighted the increase of cooperative agreements that allow these levels of government to accomplish mutually beneficial outcomes for their overlapping constituencies. In the context of criminal punishment, however, such cooperation has devolved into a race to the bottom in a bipartisan push to punish. Consequently, the modern cooperative era of federalism has facilitated mass incarceration in many respects as a policy vehicle to accomplish a national tough-on-crime agenda.

This Article argues …

Military Justice: The Forgotten Jurisdiction In Capital Punishment, Erica C. Medley

Journal of Criminal Law and Criminology

The military capital punishment scheme for murder in peacetime is unconstitutional. It does not meet the Eighth Amendment’s requirement of heightened reliability for capital cases because it fails to include a trial by jury. The Supreme Court identified concerns about court-martial panels compared to juries in Reid v. Covert and United States ex rel. Toth v. Quarles. These concerns are exacerbated by the research from the Capital Jury Project regarding how the race and gender of jurors can affect capital sentencing determinations. Specifically, as the number of white males increases on a jury, the likelihood of a death sentence increases. …

Sentencing Insurrection, Kevin Lapp

Journal of Criminal Law and Criminology

On January 6, 2021, an estimated two thousand people broke police lines and breached the U.S. Capitol building in an effort to prevent the certification of the 2020 presidential election results. Over one thousand people have been charged with various crimes for their actions that day, from misdemeanor trespassing charges to felony assault with a weapon and seditious conspiracy. Relying on publicly available sources, this Article presents results from an analysis of the first 514 people to have been sentenced in federal court for crimes committed on January 6. The result is a snapshot of the insurrectionists, the charges they …

Proof Beyond A Reasonable Doubt Doesn't Exist: Except As An Emergent Property Of A Complex Adaptive System, Ronald J. Allen, Nicolas Elliott-Smith

Journal of Criminal Law and Criminology

The pursuit of knowledge is undergoing a transformation. Scientists and scholars are rejecting standard reductionist efforts, popularly captured by “the scientific method” and embracing the framework of complexity theory and complex adaptive systems. That framework is invaluable to understand both the law of evidence and the nature of Anglo-American legal systems. It also has significant implications for the ongoing debate over the concept of law. This Article demonstrates how “proof beyond a reasonable doubt” (BARD) does not exist in any knowable form, except as an emergent property of a complex adaptive system—the criminal process. First, what constitutes BARD will vary …