Digital Commons Network^™

Disarming Data: An Empirical Take On The Loaded Debate About Felon-In-Possession Of A Firearm, Jonathan Abel

UC Law Journal

This Article answers a crucial empirical question at the heart of the scholarly and judicial debates about the laws governing felon-in-possession of a firearm: How often do defendants charged with this offense have violent felony convictions? Using a comprehensive dataset of over 27,000 defendants charged in California from 2021 through 2024, the study provides a novel, large-scale analysis of how prosecutors deploy this most-common gun charge. The findings substantiate longstanding concerns that felon-in-possession is overbroad in its application to nonviolent felons—only 8.5% of defendants had a “violent felony” conviction as defined by California law, rising to just 28.8% under a …

The Lived Experiences Of Deaf People In Carceral Spaces, Grace E. Lester, Gabriel Lomas, Deb S. Guthmann Dr.

JADARA

This qualitative study used semi-structured interviews to examine the experiences of formerly incarcerated deaf people in the carceral system. The examination of lived experiences in this research offers a context to the belief that the carceral system is structurally unqualified to address the significant, but nuanced needs of deaf people. This study counters the neglect of the intersectional experiences of incarcerated deaf people that exists in research literature by providing them the opportunity to share their stories in their own words through in-depth semi-structured interviews. Five previously incarcerated deaf adults were interviewed using a digital video platform. Using phenomenological methods, …

Between Expression And Restraint: Reconciling First Amendment Protections With Antitrust Enforcement In Social Media Advertising, Michael Patton

The Business, Entrepreneurship & Tax Law Review

The contemporary advertising ecosystem is increasingly dominated by social media platforms, prompting advertisers to devote substantial resources to these venues and, in many cases, to coordinate their efforts through umbrella organizations. When these organizations recommend that members withdraw or redirect advertising away from specific platforms, the line between coordinated market behavior and protected expressive conduct becomes blurred. A pending lawsuit by a major social media company alleges that such a coordinated refusal to deal constitutes an unlawful group boycott rather than protected First Amendment activity. Although the Supreme Court has developed frameworks for distinguishing between expressive boycotts and anticompetitive conduct, …

Language Game And Material Design Creation By Future Romance Languages Instructors, Simone Gugliotta, Sophie Burkhardt, Monia Marie Bamina, Ella Comfort-Cohen, Naomi Piper-Pell, Mikayla Parrales, Suha Khan, Giulia Laurenza, Sarina Duffy, Hillary Connor, Xinhe Li, Andrea Magaña, Dayana Caluna, Kokwe Dadzie, Alex Herrera

Spanish and Portuguese: Faculty Publications

No abstract provided.

Expanding Sources Of Knowledge In Legal Scholarship, Adam Davidson, Jocelyn Simonson

University of Chicago Law Review

No abstract provided.

The Lpe Critique Of Law And Economics, Sarath Sanga

University of Chicago Law Review

No abstract provided.

The Law And Political Economy Movement’S Crime Agenda Hurts Black People, Jonathan Klick

University of Chicago Law Review

The law and political economy (LPE) movement claims concern for marginalized communities as a motivation for its crime agenda. However, efforts to defund police, elect progressive prosecutors, and eliminate prisons are likely to generate large costs for the very communities LPE scholars say they care about. Existing empirical analyses demonstrate that Black individuals benefit disproportionately from the deterrence provided by police. This Essay also provides new evidence that progressive prosecutors have put Black people in lethal danger. Finally, there are reasons to believe that decarceration would not be costless for the Black community.

Weaponized Bureaucracy At The Criminal Immigration Divide, Dorien Ediger-Seto

Washington Law Review

Despite deportation being entrenched as a civil consequence rather than a punishment over 100 years ago, today’s immigration enforcement and deportation scheme relies heavily on state-level criminal arrests, convictions, and data sharing systems. And immigration-based crimes have accounted for between twenty-five and fifty percent of all federal criminal charges over the past decade. But the fact that the systems are bureaucratically and doctrinally separate from each other has practical impacts that go beyond these formalized intersections. Not only do federal law enforcement actors often have dual mandates to investigate and prosecute federal crimes alongside related civil removal cases, but criminal …

Facing State-Created Danger In Facial Recognition Technology, Esha Jain

Washington Law Review

When the police wrongfully arrest someone, that person faces distinct harms. Various scholarship, news articles, and studies document that AI-powered facial recognition technology (FRT) disproportionately misidentifies individuals from marginalized racial groups when used irresponsibly. Many of those sources indicate that police reliance on FRT without adequate vetting results in wrongful arrests. Yet law enforcement continues to misuse FRT.

This Comment contends that the 42 U.S.C. § 1983 state-created danger doctrine offers a potential remedy for plaintiffs harmed by police reliance on FRT. To prevail under this doctrine, plaintiffs must prove affirmative conduct, deliberate indifference, and proximate causation. If successful, these …

March 2026 Library News, University Libraries

Library News

No abstract provided.

When You're Just Not "Indian" Enough: The Erosion Of Tribal Sovereignty In State V. Nobles And The Case For Deference To Tribes On Questions Of Indian Status, Daniel G. Sullivan

North Carolina Law Review

No abstract provided.

Rehumanizing Reintegration: Intensive Case Management Effectively Supporting Community Re-Entry Post Incarceration In Canada, Sheena Brown, Ardavan Eizadirad

Education Faculty Publications

This article examines the effectiveness of intensive case management (ICM) as a rehumanizing framework for supporting racialized individuals transitioning from incarceration to community re-entry in Canada. The study focuses on the Prosper program delivered by the community organization Amadeusz (learn more at https://amadeusz.ca/home), which provides culturally responsive, relationship-centered supports for individuals facing firearm-related charges. Guided by Critical Race Theory and Culturally Sustaining Pedagogies, two focus groups with six racialized female caseworkers were conducted alongside examining archival interviews and program evaluation data. Thematic analysis identified three interconnected dimensions of effective reintegration practice: (1) building trust through relational accountability, (2) integrating culturally …

Behind The Black Box: Employer Accountability For Algorithmic Hiring Bias, Nicole Capp

The Business, Entrepreneurship & Tax Law Review

AI hiring tools are now ubiquitous in employment, promising efficiency, cost savings, and reduced human bias. Yet these systems often operate as “black boxes,” replicating or amplifying existing biases and raising significant legal concerns under Title VII of the Civil Rights Act of 1964. Even without discriminatory intent, AI trained on historical hiring data can produce disparate impacts, exposing employers to liability for outcomes they cannot fully understand or explain. Plaintiffs face steep challenges in litigating such claims, particularly in identifying specific practices, demonstrating causation, and proposing feasible alternatives. This article examines how AI perpetuates discrimination in hiring, analyzes the …

Sanctioned Judge Speaks: A Conversation With Icc Judge Kimberly Prost, Kimberly Prost, David Collins

Judicature International

No abstract provided.

Engendering Authority: Social Movements, Legitimacy, And Gender, Judith Resnik

UMKC Law Review

No abstract provided.

Is The Fourth Amendment Sexist?, Alexandra Mckee

UMKC Law Review

No abstract provided.

Contagious Discrimination: Why Race-Blind Justice In Courtrooms Is Not Enough, Yijia Lu, Murat C. Mungan

Faculty Scholarship

Existing theories of discrimination focus on discrimination at the individual, societal, or organizational level. We highlight the importance of the dynamic relationship between different institutional actors who jointly give rise to discriminatory outcomes. This reveals that discrimination can be contagious: discrimination that would otherwise not occur at one institutional level can arise due to discrimination at another institutional level. Therefore, discrimination by some actors can trickle down and create disparate impacts in processes that would otherwise be free of discrimination. This phenomenon, which we term “contagious discrimination,” can manifest itself in various settings such as employment and commercial trade negotiations. …

What Are We Learning About The Research-Practice Gap From Hrd Scholars And Hrd Scholar-Practitioners?, Kelly Moore, Yonjoo Cho

Human Resource Development Faculty Publications and Presentations

The research-practice gap (the gap) in HRD remains a significant challenge, hindering the application of academic research to practice and the integration of workplace challenges into research efforts. It is critical for HRD research to address the gap to develop evidence-based solutions for learning and organizational performance. The purpose of this study was to explore how HRD scholars and scholar-practitioners define, motivate, address barriers to, and recommend strategies for bridging the gap in HRD. Building on the study by Moore and Cho (2024) from the perspective of HRD practitioners, we investigated the perspectives of HRD scholars and scholar-practitioners to examine …

A Ghost Of Slavery: Osha’S De Facto Exclusion Of Incarcerated Workers, Jacqueline Glenn

The Business, Entrepreneurship & Tax Law Review

From chattel slavery to convict leasing to sharecropping to present-day prison work, exploitative labor has always had a place in the American economy. Incarcerated workers are compelled to perform long hours of dangerous work for mere pennies, often without adequate breaks and under the threat of solitary confinement, physical abuse, or other punitive measures if they refuse. Federal labor protections that shield free people from such conditions are largely unapplied to incarcerated workers, leaving them with little legal recourse. Tracing the development of involuntary labor through American history, this article contends that the Occupational Safety and Health Act of 1970 …

Guns For Hire, States In Ruin: An International Regulatory Framework To Combat The Exploitation Of Weak States By Private Military Companies, Joshua Hiero

Vanderbilt Journal of Transnational Law

No abstract provided.

Keynote: Going Forward After Grants Pass, Joseph W. Mead

William & Mary Law Review

In this keynote, I explain the decision—and the stakes—of City of Grants Pass v. Johnson. In Grants Pass, the Supreme Court held that the Eighth Amendment’s Cruel and Unusual Punishments Clause posed no barrier to cities making it a crime for their homeless residents to sleep outdoors with as little as a blanket, even when those residents have no other option. Grants Pass, Oregon undertook an aggressive campaign to drive unhoused residents out of the city through punitive ordinances that criminalized unavoidable human conduct, such as sleeping with a blanket. The plaintiffs challenged the narrowest version of these …

The New Necessity, Ezra Rosser

William & Mary Law Review

According to the U.S. Supreme Court, cities are free to criminalize homelessness. The 2024 case City of Grants Pass v. Johnson is the most important homelessness case in decades and was a significant blow to advocates for the unhoused. The conservative majority rejected the idea that city ordinances criminalizing sleeping in public amounted to cruel and unusual punishment insofar as they penalized status. There is no sidestepping the loss. But within the faint glow of the embers of the oral argument and of the decision itself, there is the possibility that a new understanding of necessity, supported by the same …

Setting The Stage For Grants Pass (& A Moral Constitutional Reckoning), Sara K. Rankin

William & Mary Law Review

The U.S. Supreme Court’s decision in City of Grants Pass v. Johnson marked a seismic shift in the legal landscape governing homelessness throughout the country. By permitting the criminalization of involuntary acts, such as sleeping or resting in public when no shelter is available, the Court foreclosed constitutional protections under the Eighth Amendment’s Cruel and Unusual Punishments Clause and signaled judicial deference to punitive local policies targeting unhoused people. But Grants Pass was not spontaneous; it was seeded over time. This Article situates Grants Pass within the broader legal and nonlegal contexts that made its outcome possible. Part I explores …

Time Out For Transfer: Youth Transfer As Punishment, Kristina Kersey

Nevada Law Journal

The confidentiality of the juvenile court, while laudable in protection of the children charged, often means that people, in general, have little understanding of the inner workings of the court. One of the opaquest practices in juvenile court is how, when, and under which circumstances youth are prosecuted as adults. The cases that do reach the headlines are the most salacious, which leads to a confirmation bias on both the need and the appropriateness of the practice of transfer.

Many scholars have discussed the undeniable impact of adolescent development research on juvenile legal jurisprudence and a general reimaging of diminished …

Exception To Abolition: Reforming Prison Labor Through Constitutional And State-Level Change, Caren Abourjeily

Nevada Law Journal

No abstract provided.

Fuck: Public Opinion, Ian T. Adams, Marc Olson, Lois James, Brandon Tregle, Hunter M. Boehme

Faculty Publications

Profanity is common in everyday life, yet law enforcement often treats all swear words alike. Building on Adams (2024), we surveyed a large public sample (n = 2412) who evaluated profanity’s appropriateness, professionalism, impact on trust, and disciplinary deservedness across nine scenarios (n = 9874) varying in intent (positive, neutral, derogatory) and target (self/situation, colleague, public). Results aligned with prior research: any profanity aimed at the public, especially in a derogatory way, drew the strongest condemnation. Meanwhile, positive or neutral profanity toward oneself or colleagues was generally acceptable, though derogatory profanity at colleagues elicited moderate concern. Across the …

Substance Use Stigma: Examining The Role Of Social Work Education., Eboni Burton

Doctor of Social Work Capstone Projects

This study explored the extent of substance use related stigma among social work students and professionals (i.e., BSW, MSW, PHD and DSW) and its relationship to specialized education/training in substance use and professional practice with people who use drugs (PWUD)/live with a substance use disorder (PWSUD). Stigma was measured using the Opening Minds Provider Attitudes Toward Opioid Use Scale and the Medical Condition Regard Scale. The final sample size was 263. Results indicate that current enrollment in a social work program, post degree or non-curriculum related substance use related training, and personal and professional experience with substance use specifically, mitigate …

The Unexplored Relationship Between Adverse Childhood Experiences, Burnout, And Resiliency Among Hospital Staff., Elizabeth Davis

Doctor of Social Work Capstone Projects

This study addresses the critical issue of staff turnover at Baptist Health Floyd, where rates exceed national hospital averages. While prior research connects burnout to workplace stressors, less is known about the role of adverse childhood experiences (ACEs) and resilience among hospital staff. Understanding these relationships is essential for improving workforce stability and patient care outcomes. A cross-sectional survey design was used, with convenience sampling of hospital employees and providers (n=207). Data were collected via a Qualtrics survey using validated instruments: the Maslach Burnout Inventory (Maslach et al., 2016), the ACE questionnaire (Felitti et al., 1998), and the Brief Resilience …

Law's Penal-Professional World Order, Pilar Margarita Hernández Escontrías

Fordham Law Review

The attorney discipline regime has been propagandized as a necessary mechanism to police poor attorney conduct to protect the public. According to this myth, professional associations investigate attorney misconduct and impose sanctions, thus protecting the “noble profession” from attorneys who would tarnish its reputation. Violations of ethics rules lead to investigation, prosecution, and punishment by the state bar. In structure and language, state bars and judicial officers replicate the state in their use of disciplinary frameworks and regimes.

The self-regulating bar is a form of punitive governance used by the state to control entry into and expulsion from the profession. …

Rural Voices On The Opioid Epidemic In Deep East Texas, Jose Carbajal, H. Stephen Cooper

Journal of Human Services: Training, Research, and Practice

Opioid use is a major concern in the United States. Rural communities face even greater difficulties in addressing opioid use and related challenges. An appreciative inquiry was employed to assess the degree to which the opioid crisis has affected the rural region of Deep East Texas and to develop recommendations for a regional action plan. One hundred and eight participants attended eleven conversation cafés across the region. Response analysis revealed eight primary themes and 11 sub-themes. Community awareness and education are crucial in combating the opioid crisis, as some participants were unaware of the prevalence of prescription opioid abuse in …