Digital Commons Network^™

Activist Judicial Restraints, Michael Gentithes

Akron Law Faculty Publications

For decades, jurists and scholars have touted the virtues of judicial restraint—a characteristic of judges who only adjudicate issues they are competent to resolve, thereby avoiding political thickets and preserving their authority. Judicial restraint is ingrained in justiciability doctrines that emanate from Article III of the Constitution. When applied evenhandedly, standing requirements, the political question doctrine, and prudential manageability prerequisites to litigation help the Court maintain an appropriately restrained docket.

The Roberts Court falls well short of this restrained ideal in potentially dangerous and destructive ways. The Court has changed justiciability doctrines into “activist judicial restraints” that, rather than avoiding …

Reclaiming Constitutional Authority Of Algorithmic Power, Yiyang Mei, Michael J. Broyde

Faculty Articles

Whether and how to govern AI is no longer a question of technical regulation. It is a question of constitutional authority. Across jurisdictions, algorithmic systems now perform functions once reserved to public institutions: allocating welfare, determining legal status, mediating access to housing, employment, and healthcare. These are not merely administrative operations. They are acts of rule. Yet the dominant models of AI governance fail to confront this reality. The European approach centers on rights-based oversight, presenting its regulatory framework as a principled defense of human dignity. The American model relies on decentralized experimentation, treating fragmentation as a proxy for democratic …

Gender Differences In The Association Between Adverse Childhood Experiences And Drug Use: Findings From A Community-Based Survey In China, Hongyun Fu, Elizabeth Monk-Turner, Xiushi Yang

Department of Pediatrics Faculty Publications

Background

While adverse childhood experiences (ACEs) are widely recognized risk factors for behavioral health problems, including drug use, prior research has largely been conducted in Western countries, focused primarily on males, and relied on convenience samples without comparison groups of nonusers. Limited work has examined the impact of ACEs on drug use in non-Western contexts. This study examines gender differences in the relationship between ACEs and drug use in China, using data from a population-based probability sample survey.

Methods:

Cross-sectional data were collected in 2019 from one city in Yunnan Province in Southwest China and one city in Guangdong Province …

Women Are Discriminated Against On The Basis Of Sex: Anti-Trans Epistemologies In Australian Universities, Emily M. Gray, Jacqueline Ullman, Mindy Blaise

Research outputs 2022 to 2026

This article offers an analysis of qualitative data from a multi-phased project entitled Understanding and Addressing Everyday Sexisms in Australian Universities. The project’s key aim was to improve the ways in which gender-based discrimination is understood and addressed in Australian universities. It achieved this aim through adopting a situated, intersectional, and creative approach to data generation and analysis. The authors examine data from phase three of the project, a large-scale survey that was distributed across 12 of Australia’s 39 public universities, yielding 1257 responses. The survey was designed to encourage academic staff of all genders to participate and aimed to …

Just Prosecution, G. Ben Cohen

Akron Law Faculty Publications

Prosecutors were once envisioned as the heroes of the criminal legal system, wielding immense power to secure justice. Yet their role remained largely untethered to a coherent, principled framework. Without clear guardrails, traditional prosecution contributed to mass incarceration, racial disparities, and punitive excesses. Progressive prosecution sought to redress these deficiencies, but a lack of cohesive theoretical grounding, accompanied by a divestiture of power, left prosecutions weak. Reform was fragmented by electoral pressures but remained subject to abolitionist critiques. This article asks readers to consider the idea of Just Prosecution as a way of reimagining the prosecutor’s role—raising the question of …

The Effects Of Abused Drugs On Ferroptosis Pathways: Potential Therapeutic Targets For Substance Use Disorders, Tamara Bouchard, Brooke Russell, Liam Liyang Guo, Tina Nguyen, Yan Cheng, Yan Y. Sanders, Ming-Lei Guo

Department of Biomedical and Translational Sciences Faculty Publications

Substance use disorders (SUDs) remain major public health concerns worldwide, particularly in developed countries. SUDs are characterized by persistent neuroinflammation and synaptic dysfunction in the brain. Despite decades of extensive investigation, the detailed mechanisms underlying SUDs remain elusive. Ferroptosis is a highly regulated cell death process deeply affected by iron metabolism, lipid peroxidation, reactive oxygen species (ROS) production, and antioxidant systems. It has been implicated in multiple neurodegenerative diseases, including Alzheimer's disease, Parkinson's disease, multiple sclerosis, and ischemic stroke. Recently, emerging evidence has highlighted the role of ferroptosis in drug-induced pathological changes. Various types of abused …

The Effects Of Abused Drugs On Ferroptosis Pathways: Potential Therapeutic Targets For Substance Use Disorders, Tamara Bouchard, Brooke Russell, Liam Liyang Guo, Tina Nguyen, Yan Cheng, Yan Y. Sanders, Ming-Lei Guo

Department of Biomedical and Translational Sciences Faculty Publications

Substance use disorders (SUDs) remain major public health concerns worldwide, particularly in developed countries. SUDs are characterized by persistent neuroinflammation and synaptic dysfunction in the brain. Despite decades of extensive investigation, the detailed mechanisms underlying SUDs remain elusive. Ferroptosis is a highly regulated cell death process deeply affected by iron metabolism, lipid peroxidation, reactive oxygen species (ROS) production, and antioxidant systems. It has been implicated in multiple neurodegenerative diseases, including Alzheimer's disease, Parkinson's disease, multiple sclerosis, and ischemic stroke. Recently, emerging evidence has highlighted the role of ferroptosis in drug-induced pathological changes. Various types of abused substances including alcohol, cocaine, …

Managing Deportation: How Docket Control Replaced Substantive Relief In Immigration Courts, R. Linus Chan

SMU Law Review

In the modern deportation era, immigration courts saw their ability to grant relief from deportation undergo significant restrictions, constraining individualized discretion in favor of "categorical" denials. Congress dramatically curtailed the discretionary tools available to immigration judges, with the latest being the pair of immigration reforms from 1996, shifting the locus of individualized decision-making away from the courts and toward enforcement officers and prosecutors. Immigration courts lost discretion in being able to decide who could formally be granted status and stay in the United States when facing deportation through various restrictive eligibility requirements written into the law.

This Article argues that …

Between Care And Protection: Constraints On Political Authority In Kamala Harris's 2024 Presidential Campaign, Marissa Barbara Pax

Graduate Student Theses, Dissertations, & Professional Papers

Competing expectations about strength, care, and protection shape how presidential leadership and authority are constructed in contemporary U.S. politics, particularly for members of marginalized communities. This thesis examines Kamala Harris’s 2024 presidential campaign as a case study to explore how candidates negotiate competing understandings of political authority through appeals to Lakoff’s (2002, 2008) Strict Father Morality and the Nurturant Parent Morality. An analysis of her campaign reveals that Harris repeatedly appeals to both moral frameworks, constructing authority through empathy, mutual responsibility, and care while also emphasizing threat identification, protection, discipline, and moral strength. Although Harris successfully mobilizes the rhetorical resources …

Democracy In Practice, Stefanos Milkidis

Open Educational Resources

In this assignment, students are asked to write a public-facing blog post that connects a theme from American government to a current issue, event, or personal experience. The goal is to practice civic dialogue and critical thinking, while contributing to a broader public conversation about American government, politics, and democracy.

Undermining Discretion: The Selective Attacks On Progressive Prosecutors, Angela J. Davis

Cardozo Law Review

Prosecutors are the most powerful officials in the criminal legal system. They decide whether to bring criminal charges and what those criminal charges should be. These decisions are totally within their discretion. The U.S. Supreme Court has consistently protected the power and discretion of prosecutors in making these decisions, and legal challenges to the exercise of prosecutorial discretion have been largely unsuccessful.

In recent years, a growing number of individuals have successfully run for chief prosecutor on platforms of reducing the prison and jail populations, consistent with public safety. They pledged to use their power and discretion to implement policies …

The Limits Of "Punishment", Benjamin Levin

Scholarship@WashULaw

“Punishment” is an all-important category in criminal legal thought. Conventional scholarship adopts a narrow definition and focuses on justifying penal sanctions. Much critical work, in contrast, seeks to expand the category—defining more practices and institutions as “punishment.” In this Article, I argue that the focus on purposes of punishment and on what constitutes punishment distracts from a larger theoretical and practical issue—much of what the criminal system does probably isn’t punishment as such. Certainly, a carceral sentence is punishment. But what about a curfew requirement for a defendant awaiting trial? What about a restriction on gun ownership post conviction? What …

Justifying The Fourth Amendment, Daniel Epps

Scholarship@WashULaw

Why does the Fourth Amendment belong in the Constitution? This question is not whether society should impose some legal restraints on government searches and seizures. Rather, why should such protections reside in our national charter, superior to other forms of law and insulated from change via ordinary majoritarian political processes? Despite major disputes about the Fourth Amendment’s content, Fourth Amendment theorists rarely ask this question. Almost all agree that the Fourth Amendment’s constitutional protections are critically important—even if no one can agree exactly what those protections are.

This Article seeks a justification for the Fourth Amendment—the reason why search-and-seizure protections …

Screen Time Use, Reading Achievement, And Thinking Maps: A Correlational Study Of Fifth-Grade Students, Morgan Brooke Unger

Theses and Dissertations

The problem addressed in this study was the fixation of screen time among fifth-grade students at a kindergarten to Grade 12 private school in South Florida. By the time children reach age 12, 69% of adolescents own a smartphone. The purpose of this study was designed to determine (a) the relationship between screen time use and reading achievement among fifth graders, (b) the relationship between parents’ awareness of their child’s screen time use and their child’s actual screen time use, and (c) how well fifth-grade students’ Thinking Maps illustrate the problems associated with screen time fixation at a kindergarten to …

Examining The Perceptions Of Alcohol Use And Well-Being By Collegiate Baseball Players, Madison M. Stevens

Justice Studies Theses

Examining the Perceptions of Alcohol Use and Well-Being by Collegiate Baseball Players was a qualitative study conducted through the use of semi-structured interviews. The purpose of the research was to better understand how team culture, relationships, stress, coping mechanisms, and future aspirations influence alcohol use and mental health within collegiate baseball. Data were analyzed using thematic analysis, resulting in several major themes and subthemes related to athlete experiences. Findings revealed that brotherly team culture, including family-like relationships and consistency among teammates, played a major role in shaping emotional well-being and social behaviors. Participants also identified coaches, teammates, and the broader …

Misinformation And The Law, Gustavo Ribeiro

Scholarly Articles in Law Reviews & Journals

This Article bridges critical gaps between the growing body of social science research on misinformation and the persistent challenges jurors face in evaluating potentially unreliable evidence in courtrooms. Misinformation—a pervasive issue undermining decision-making in democratic societies—mirrors the difficulties jurors encounter in distinguishing truth from falsehood amid compelling but unreliable evidence. The consequences of such challenges are dire: wrongful convictions, racial disparities, and the erosion of public trust in the legal system.

This Article is the first piece of legal scholarship to provide a comprehensive discussion of current research on the psychological mechanisms underlying susceptibility to misinformation—such as the illusory truth …

The Nature Of Domestic Violence Threats Against Federal Law Enforcement Resulting From Immigration Enforcement Efforts, Robert J. Hehl, Riley Fullam, Reagan Moffatt, Phillip Pires

CJC 450 - Criminal Justice and Criminology Capstone

This Capstone Research Assessment (CRA) focuses on the nature of the domestic violence threats against federal law enforcement resulting from enhanced immigration enforcement efforts. Through review of joint law enforcement immigration actions, and subsequent public responses in the form of violent protests and targeting of immigration and task force officers and their agencies, this CRA will identify specific threats and trends that may endanger federal law enforcement officials. This assessment will conclude with recommendations to mitigate identified threats in ensuring officer safety.

The Evolution Of Crime: Exploitation Of Technological Overdependencies Within Economic Enterprises, Robert J. Hehl, Grey Quigley, Autumn Laurenzano-Frost, Richard Mcloughlin, Valerie Garzon

CJC 450 - Criminal Justice and Criminology Capstone

This Capstone Research Assessment focuses on analyzing the evolution of crime from physical to technology-based offenses. This project examines how criminal actors exploit organizations’ increasing dependence on technology and digital systems and the inherent vulnerabilities found within economic enterprises. Said research assesses the lagging development of laws and cybersecurity safeguards, the critical issue of human error, and the lowered barrier to entry for cybercriminals. This paper will conclude with recommendations and strategies that may mitigate such vulnerabilities.

Security Threats To General Dynamics And Sensitive Defense Programs, Robert J. Hehl, Shane Williams, Henna Darji, Delia Tarasco

CJC 450 - Criminal Justice and Criminology Capstone

This Capstone Research Assessment focuses on the identification and analysis of foreign state actors, insider threats, and personnel negligence to United States defense contractors within the private sector, specifically General Dynamics. This assessment examines how The Big Four --- China, Russia, Iran, and North Korea --- continue to pose the most significant threats to U.S. sensitive defense programs.

Hostage Democracy: Its Relationship To Arbitrary Detention, And The Struggle To Define It And Establish International Law Remedies, Stephanie Buersmeyer

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

Call For Return: Does The Fourth Amendment Resolve Retentions?, Owen Stickney

Case Western Reserve Law Review

No abstract provided.

Threatened To Testify : Juror Perceptions Of Coercive Eyewitness Interviews, Alexa A. Mecikalski

Dissertations

The effects of coercive investigative questioning techniques have been extensively studied in the context of suspect interrogations; however, few studies have evaluated outcomes related to coercive questioning of eyewitnesses. Therefore, the present study investigated mock juror perceptions of the use of interrogation tactics during eyewitness questioning. Participants read a trial summary and provided trial judgments (e.g., verdict, eyewitness credibility, perceived coerciveness of the interview) pertaining to a case in which an eyewitness is questioned using either (1) maximization tactics (e.g. high pressure questioning, threats), (2) minimization tactics (e.g., minimizing severity or consequences), or (3) no tactics (e.g., statement provided voluntarily). …

Hostile But Lawful? Examining The Elements Of “True Threats” In Rhetoric Toward Election Officials, Kayleigh Gwiazdowski

2026 Research Poster Competition

Threats of violence have become increasingly visible, yet they remain understudied compared to acts of violence themselves. This project examines death threats directed at U.S. election administrators following the 2020 Presidential Election. Drawing on qualitative interviews with 26 current and former U.S. election administrators, I analyzed 580 hostile messages received in the aftermath of the election to understand how threats function as a tool of intimidation and coercion. Messages were examined for markers indicating (1) whether the sender expressed the intent to threaten, (2) whether the language specified a concrete act of violence or identifiable target, and (3) whether a …

Profile: More Is Morris, Communications And Marketing

Profile (1996-)

In this Issue: New Name and New Director for the AgCountry Challenge ; Salute to Scholarships ; Gift to Not Only Enhance Cougar Sports Center But Entire Community ; Lucy Imholte's Lasting Legacy Honored Through Sculpture ; From Dining Hall to Third Floor Behmler: Rodriguez '87 is Eighth Chancellor ; Partnership Pilots New Energy Storage Technology on Campus ; Faculty and Staff Awards ; Van Wey Named Fulbright Finalist ; UMN Morris Receives Carnegie Community Engagement Classification ; Public Lecture, Telescope Viewing Part of SCOPES Conference ; UMN Morris Adds $165.3 Million to Minnesota's Economy Each Year ; PBS Documentary …

General Education Teachers' Perceptions Of Emotional Impairment, Ivy Smith

Brehm Scholars Research

Roughly 67% of students with disabilities spend 80% or more of their day in a general education setting (National Center for Education Statistics, 2024). This can be challenging for general education teachers as they do not receive the same level of training on disabilities as special educators, leading to struggles with students with behavioral difficulties and Emotional Impairment. This study surveyed Michigan general educators’ to assess their understanding of Emotional Impairment eligibility as written in the Michigan Administrative Rules for Special Education (MARSE). Results from a survey completed by 16 participants were derived through descriptive statistics and inductive content analysis. …

Illuminating Those Who Lurk In The Shadows: An Examination Of The Use Of Psychological Profiling In Identifying Violent Criminals In The Modern Age, Skylar R. Holmes

Honors Undergraduate Theses

This study examines the role of psychological profiling in apprehending violent criminals. Psychological profiling involves analyzing behavioral patterns at crime scenes, exploring the relationships between victims, and identifying characteristics and tendencies of offenders. It is currently used by many law enforcement agencies across the country to narrow down a pool of potential suspects and direct researchers, making the most of the limited manpower available. There is, however, a significant limitation in the literature and available evidence that suggests its tenets may be based on intuition and anecdotal evidence purported by investigators, subject to internal bias and thus should not be …

Who Makes The Jury? Demographics And Decision-Making In The Jury Process., Ana B. Pons

Honors Undergraduate Theses

Within the American judicial system, juries have played a central role in promoting representation and fairness in the courtroom. However, limited information exists on whether prosecutorial decisions during jury selection, jury composition, or jury behavior differ based on the sex, race/ethnicity, type of case, political ideology, or geographic location of potential jurors. Following PRISMA guidelines, this scoping review synthesizes 48 peer-reviewed articles published between the 1940s and 2026 to examine whether prosecutorial decision-making and jury outcomes vary based on the sex, race/ethnicity, type of case, political ideology, or geographic location of potential jurors. Findings indicated that men are disproportionately selected …

Eroding Protections: The Decline Of Miranda Rights And Its Impact On Due Process In Contemporary America, Autumn G. Pelfrey

Honors Undergraduate Theses

This thesis examines whether the protections established in Miranda v. Arizona, 384 U.S. 436 (1966), remain robust within contemporary criminal justice practice or have been weakened through doctrinal and practical developments. Miranda warnings were originally designed to mitigate the risk that coercive custodial interrogation would produce compelled or unreliable self-incrimination. Since 1966, however, both judicial interpretation and evolving law-enforcement practices have created a growing gap between Miranda’s formal legal promise and its practical operation in real-world interrogations.

The study evaluates the erosion of Miranda’s protective force through three primary mechanisms. First, doctrinal developments have narrowed Miranda’s scope by redefining …

The Implicit Perceptions Of Asian American Adoptees And Their Clinical Implications, Cai Li L. Franckewich

Honors Undergraduate Theses

Asian American adoptees occupy a unique “in-between” space, shaped by societal perceptions of race, culture, and family context. This study examined how family composition and racial pairings influence perceptions of an Asian American adoptee. Undergraduate students completed an online survey in which they were randomly shown one of five images depicting the adoptee with different family compositions, without being told she was adopted. Participants then read a story describing the adoptee experiencing common college stressors, and rated statements on a 7-point Likert scale regarding the adoptee’s well-being, factors influencing her behavior, and behavioral descriptors. Results indicated that participants perceived stronger …

The Psychological Effect Of Maternal Separation From A Child During Incarceration: A Survey And Critique Of Risk Needs Assessments, Samantha Yearwood

Honors Undergraduate Theses

This study examines whether frequently used correctional assessment instruments adequately capture the psychological impacts of maternal-child separation among incarcerated women. This research was conducted in response to growing criticisms that traditional risk and needs assessments fail to account for gender-specific experiences, specifically those related to caregiving roles and pregnancy. Using a qualitative analysis content analysis to assess four widely used instruments, the Women’s Risk and Needs Assessment (WRNA), Correctional Offender Management Profiling for Alternative Sanctions (COMPAS), Brief Symptom Inventory-18 (BSI-18), and Level of Service Inventory–Revised (LSI-R), the thesis  examines the inclusion of pregnancy-related variables, caregiving responsibilities, and separation-related psychological factors. …