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أثر الحكم الصادر عن المحكمة الاتحادية العليا بعدم الدستورية, Mariam Saeed Al Ketbi

Theses

The Effect of The Judgment Rendered by the Federal Supreme Court Declaring Unconstitutionality

Constitutional judiciary represents the primary guarantee for the supremacy of the Constitution and the protection of rights and freedoms, as it exercises subsequent review over legislative texts to ensure their compliance with constitutional provisions. The judgments it issues are objective in nature, directed at the legislative text itself rather than the parties involved, which grants them absolute authority that binds all branches of government—legislative, executive, and judicial—as well as individuals. These judgments are final and cannot be appealed by any means, as confirmed by both the UAE …

The Nuances Of Prosecutorial Nonenforcement, Meighan R. Parsh, Carissa Byrne Hessick

William & Mary Law Review

The academic literature on prosecutors is divided: Some commentors believe that prosecutors should more aggressively use their ability to decline to bring charges, decreasing the overall number of criminal cases and helping to address the problem of mass incarceration. Others believe that broad prosecutorial nonenforcement poses significant risks to our constitutional order and public safety. While the visibility of this debate has increased—spilling over from the pages of law reviews into political campaigns and headlines—the terms of this debate are at times unclear. Prosecutorial nonenforcement is a multifaceted phenomenon, and discussions about its costs and benefits can obscure necessary tradeoffs …

"A Beacon Of Service In A Troubled World": Restoring The United Nations' Human Rights Reputation By Standardizing Extradition Practices For Accused Human Traffickers, Brook Whitley

Vanderbilt Journal of Transnational Law

No abstract provided.

A Fear About Holistic Justice, Farhang Heydari

Vanderbilt Law Review

It is a great irony of our criminal system that the enforcement of our criminal laws has long had aspects of lawlessness. Although criminal statutes define impermissible conduct by members of the public, they generally offer little guidance for state actors enforcing them.' Officers can choose which offenders to cite or arrest and which to let go. Prosecutors can choose which charges to pursue and what pleas to offer. Executives select whom to pardon and how to allocate enforcement resources. Some see the discretion vested in government actors as a virtue-- a safety valve in a system that punishes too …

Youth Attitudes And Perceptions Regarding Police, Courts, And Political Engagement: A Texas Study, Marika Dawkins-Cavazos, Camille Gibson, Yudu Li

Criminal Justice Faculty Publications

Youth are often perceived as disengaged from civic and political processes, yet their potential to influence elections is receiving increasing attention. This study examined how differences in race, ethnicity, sex, and age shape youth civic engagement, particularly their willingness to vote in the 2024 presidential election. Through surveys of college students in the diverse southern region of the United States, the research explored the relationship between perceptions of law enforcement, trust in the justice system, and civic participation. Specifically, it hypothesized that Black and Hispanic youth would report lower trust in law enforcement, which may influence their willingness to engage …

Killing Through Their Kids, Dyllan Moreno Taxman

William & Mary Law Review

In early 2024, James and Jennifer Crumbley were sentenced to over a decade in prison after their son, Ethan, shot and killed four classmates at Oxford High School in Michigan. The Crumbley parents incurred manslaughter liability by ignoring Ethan’s deteriorating mental state, gifting him the murder weapon, and failing to act on concerns about Ethan’s behavior on the day of the shooting. The Crumbleys were the first parents of a school shooter to be convicted of a homicide in American history. This Article suggests they will be far from the last. Indeed, less than one year after the Crumbley convictions, …

Reforming Abolition, Daniel Fryer

Michigan Law Review

Abolition is an elusive concept, which allows people with various political views to identify with the idea. This Article unpacks some of the conceptual features that lead to its elusiveness. This imprecision has empowered some to point out the diverse—if not inconsistent—positions that self-identified abolitionists take when articulating the contemporary abolition movement’s demands. The question then becomes whether the movement could protect itself from being a rootless position with insufficient tools to guide change. I suggest that it can. Rather than getting caught up in debates about abolition’s ends, I propose that more attention be paid to abolition’s grounds. By …

Child-Taking Justice And The Federal Indian Boarding School Initiative, Diane Marie Amann

Scholarly Works

The focus of this article is the 2022–2024 Federal Indian Boarding School Initiative undertaken the U.S. Executive Branch. The article chronicles this three-year process, which included sessions with survivors and their descendants, and which resulted in a two-volume report, in an apology by President Joe Biden, and in designation of a national memorial at one of the most notorious school sites. This article examines the initiative as an example of “child-taking justice”; that is, as a process of what is called “transitional justice”, done in an effort to redress the takings of children from their community, followed by efforts to …

Black And Latine Youth Thinking About Punitive And Restorative Approaches In Relation To Race/Ethnicity, Gabriel M. Velez, Amelia Kasper

College of Education Faculty Research and Publications

Restorative practices (RPs) are a growing approach to mitigate racial/ethnic disparities in school disciplinary systems. This qualitative study explores the lived experiences of Black and/or Latine students, examining how they perceive and interpret disciplinary approaches in their schools. Using focus groups across seven high schools (N = 93 participants), we explored how students made meaning of the potential of RP. Overall, participants expressed nuanced opinions regarding the purposes and effectiveness of both punitive and restorative approaches. Specifically, participants demonstrated mixed thinking about punitive and restorative responses, connected the efficacy of responses to context, and stressed the importance of incorporating …

Recommendations From Multi-Disciplinary Professionals For Survivor-Informed And Comprehensive Care For Human Trafficking Survivors, Christina Tsoi, Timothy B. Smith, Elizabeth Cutrer-Párraga, Devan Clayton, Joshua M. Marshall, Jamila Mastny

Faculty Publications

Background: Human trafficking affects millions of people worldwide with multiple adverse outcomes including psychopathology. Although research on human trafficking has become abundant in other academic disciplines (e.g., public health, criminology, social work), healthcare research specific to the mental health treatment of survivors remains limited. Objective: The purpose of this study was to gather recommendations from professionals about mental health treatment of trafficking survivors. Method: Semi-structured interviews were conducted with 21 multidisciplinary professionals working with trafficking survivors. Data were analyzed using qualitative content analysis methodology. Results: An overarching theme derived from the data concerned the recommendation to implement trafficking survivor-informed care, …

Enhancing The Acceptability Of Decision-Making System Using Xai Case: Crime Profiling System, Mohamed Saeed Al Shamsi

Theses

In the current world, we need to place more emphasis on how easily interpretable, accurate, and acceptable data analysis results are, given that essential operations in law enforcement, among other sectors, are backed up by the use of complex computing systems. Crime profiling systems that use crime data for profiling encounter major problems because they depend on algorithm-based methods. These methods can be ambiguous and inaccurate, leading to low public acceptability. The study investigates major problems with Complex Crime profiling systems (CPS) because their unexplained algorithms result in system performance issues and public scepticism. XAI provides a solution to handle …

An Assessment Of The Legal Framework For Prosecuting Iuu Fishing In Nigeria, Lydia Salla Kadiri

World Maritime University Dissertations

No abstract provided.

Examining Public Opinion On Endorsed Punishments For Illegal Abortion By Abortion Legality And Abortion-Restrictive States Before Dobbs V. Jackson, Lucretia Mena-Melendez, Kristen N. Jozkowski, Brandon L. Crawford, Ronna C. Turner, Wen-Juo Lo

Counseling, Leadership, and Research Methods Faculty Publications and Presentations

Research SummaryAs a result of the 2022 Dobbs v. Jackson Women's Health Organization decision that overturned Roe v. Wade, state lawmakers can and have enacted abortion restrictions, including criminal penalties targeting those who seek, provide, or assist with abortion. Given the current legal landscape, it is imperative to assess public opinion regarding the endorsement of punishments for illegal abortion. We conducted multivariate analyses to assess factors associated with punishment endorsements for an illegal abortion for the pregnant woman and healthcare provider. We also evaluated whether individual beliefs (i.e., abortion legality) and contextual factors (i.e., living in an abortion-restrictive state) may …

Standardization And Routine In Criminal Law, Eric S. Fish

Vanderbilt Law Review

What does it mean to adopt a holistic approach to criminal justice? This symposium treats that question as a foundational inquiry into the theory, practice, and institutional architecture of criminal law. At a time of eroding public trust, a broad recognition that mass incarceration both reflects and entrenches structural inequality, growing pressure on legal actors to account for the human costs of their decisions, and anxiety about the rule of law, revisiting the normative commitments of criminal law feels like an urgent task.

Holistic criminal justice is not a single method or intervention. It is a reorientation-a conceptual framework and …

Anti-Holistic Algorithms, Itay Ravid

Vanderbilt Law Review

This Article presents a critical tension in modern criminal justice between holistic criminal justice aspirations and algorithmic governance: whether the holistic rehabilitation and reintegration project can survive technological determinism. As criminal legal systems embrace algorithmic risk assessment tools as solutions to address recidivism, this Article reveals a profound epistemological concern: the fundamental incompatibility between viewing offenders as whole persons capable of transformation and reducing them to statistical probabilities within computational matrices. By doing so, it demonstrates how algorithmic mediation fundamentally alters and potentially destroys the holistic message itself.

In establishing this argument, the Article advances in two stages. It first …

Beyond Autonomy: Rethinking Deception In Sexual Assault Law, Marie Manikis

Vanderbilt Law Review

This Article focuses on recent developments in Britain in which courts have recognised gender deception as a sexual assault by using an autonomy based argument to define deception/fraud that vitiates consent in sexual offences. This Article argues against the defensibility of a framework that criminalizes deception on the basis of an ill defined autonomist based understanding as opposed to a more restrictive standard. It proposes that any adopted standard should incorporate social context and be reflexive of the ways that the state has contributed to these contexts, namely the social conditions under which the deceit takes place as well as …

Justice Through Proximity: Theoretical Foundations And Practical Applications Of Collaborative Justice, Federica Coppola, Jarrell E. Daniels

Vanderbilt Law Review

This Article introduces a collaborative justice framework as a model for addressing crime and reimagining approaches to policymaking and legal education. The framework emphasizes the prevention and resolution of criminal matters through holistic strategies that confront the structural and social determinants of crime and victimization including poverty, systemic inequality, trauma, unjust policies, and institutional neglect while also promoting broader systemic change. At its core is the active engagement between legal system actors especially decisionmakers such as judges, prosecutors, and policymakers and legal system impacted individuals and communities, fostering a more equitable distribution of decisionmaking power between justice providers and justice …

“Justice Of Our Own”: Defining Success At The Red Hook Community Justice Center, Hadar Dancig-Rosenberg, Peter Dixon

Vanderbilt Law Review

This study examines how success is defined at the Red Hook Community Justice Center in Brooklyn, NYC, through a participatory, community centered lens. Moving beyond standard metrics, it articulates a locally grounded vision of success centered on empowerment, support, systemic accountability, and community trust. Drawing on the Everyday Peace Indicators approach, we convened nine focus groups and two public voting sessions with neighborhood residents, justice professionals, youth, former defendants, and family members. Participants generated and ranked 72 indicators, which we thematically clustered into six key categories reflecting the diverse contexts in which participants perceived the Center's impact: (1) rehabilitation and …

Waiting For Godot: Thinking About Criminal Law After Mass Incarceration, Jonathan Simon Professor Of Law,

Vanderbilt Law Review

This brilliant set of close observations and careful analyses on some of the most cutting-edge issues arising in criminal law and reform of the criminal-justice system arrives at a time of great uncertainty as to the direction of change in criminal justice in the United States. After roughly a decade of reform and a significant surge in social movements criticizing the excesses of policing and punishment, the national conversation around crime has shifted back toward fear and a preference for "tough" law-and-order policies. Each one of these essays is packed with a great deal of insight and detail about very …

Anti-Holistic Algorithms, Itay Ravid

Faculty Publications

This Article presents a critical tension in modern criminal justice between holistic criminal-justice aspirations and algorithmic governance: whether the holistic rehabilitation and reintegration project can survive technological determinism. As criminal legal systems embrace algorithmic risk- assessment tools as solutions to address recidivism, this Article reveals a profound epistemological concern: the fundamental incompatibility between viewing offenders as “whole persons” capable of transformation and reducing them to statistical probabilities within computational matrices. By doing so, it demonstrates how algorithmic mediation fundamentally alters—and potentially destroys—the holistic message itself.

In establishing this argument, the Article advances in two stages. It first identifies the development …

Holistic Criminal Justice, Hadar Dancig-Rosenberg

Vanderbilt Law Review

What does it mean to adopt a holistic approach to criminal justice? This symposium treats that question as a foundational inquiry into the theory, practice, and institutional architecture of criminal law. At a time of eroding public trust, a broad recognition that mass incarceration both reflects and entrenches structural inequality, growing pressure on legal actors to account for the human costs of their decisions, and anxiety about the rule of law, revisiting the normative commitments of criminal law feels like an urgent task. Holistic criminal justice is not a single method or intervention. It is a reorientation—a conceptual framework and …

Plan-B Activist Defense: Defending Animal-Rights Activists In Courtrooms Hostile To Political Argumentation, Hadar Aviram

Vanderbilt Law Review

In recent years, several animal rights activists faced criminal charges for rescuing animals from factory farms. The standard legal approach in these cases has been relying on the necessity defense, which has a long history in cases of civil disobedience and ideologically driven crime. Animal law scholarship on this topic tends to focus on explaining why the defense applies to open rescue. However, as recent trials have demonstrated, actual courtrooms in rural counties tend to be hostile to the necessity defense, and judges can and do rely on Supreme Court precedent to keep it out of the courtroom.

This Article's …

Criminal Punishment As A Human Right?, Saira Mohamed Professor Of Law,

Vanderbilt Law Review

In the last thirty years, criminal punishment has emerged as a primary tool in service of the protection of international human rights. The development of the field of international criminal law has transformed mass human rights violations into crimes, and the crowning achievement of the field has been the creation of the International Criminal Court. Human rights tribunals, meanwhile, also have embraced the institutions of the criminal law and, through doctrines such as the due diligence standard, have translated states' obligations under human rights instruments into duties to criminally prosecute and punish. Those who were present at the creation might …

Understanding Behavioral Patterns: A Case Study Of Emirati Ex-Offenders In United Arab Emirates, Salim Ali Al Naqbi

Theses

Research on desistance has helped criminologists to better understand how people change their criminal identity and exercise personal choice. Yet in the UAE, these ideas has not often been applied to prisoners serving one or multiple offenses, even though incarceration and reoffending remain important social concerns. Because of this, desistance theory has not been fully used to study how rehabilitation is managed in UAE prisons, which means that some useful lessons may be missed. This study begins to close that gap by looking at the personal stories of 15 Emirati participants that were formerly incarcerated by adapting a qualitative and …

A Second Chance At The Second Amendment, Blake Creekmur

Kentucky Law Journal

No abstract provided.

Fines, Fees, & Felon Disenfranchisement: An Unjust Punishment Barring A Fundamental Right, Molly Crain

Kentucky Law Journal

No abstract provided.

The Wnba's 2020 Collective Bargaining Agreement: A Slam Dunk For Working Women And Mothers, Josh Lens

Kentucky Law Journal

No abstract provided.

Paying To Punish: How Criminal Legal Debt In Kentucky Extends Beyond The Proportionate Punishment, Morgan King

Kentucky Law Journal

No abstract provided.

Trauma, Coercion, And The Tools Of Trafficking Exploitation: Examining The Consequences For Children And Youth In The Justice System, Sarah Bendtsen Diedhiou, Sarah Roberts, Christine Raino

Kentucky Law Journal

No abstract provided.

A Legal Examination Of The Experiences Of Two Domestic Sex Trafficking Survivors In America, Azurdee Garland, Maira Gomez

Kentucky Law Journal

No abstract provided.