Digital Commons Network^™

The Closed Door At 301 Wellington Street, Tom Nichini, Kim Brooks

Journal of Law and Social Policy

Although women and racialized lawyers comprise significant proportions of the Canadian bar, they and other equity-deserving lawyers remain markedly underrepresented among counsel making oral submissions before the Supreme Court of Canada. This article presents findings from a five-year empirical study (2017–2021) examining who appears before the Court through an observational analysis of 273 cases and a survey of 279 counsel. The research reveals that presenting counsel are predominantly white, cis-male, and have extensive experience at the bar: e.g., women account for only 26.9% of appearing counsel, while racialized lawyers comprise 12.8%. After evaluating whether this gap can be attributed to …

The Military Discharge Review Boards’ Irregular Presumption Of Regularity, Jessica Lynn Wherry

Chapman Law Review

“There is a presumption of regularity in the conduct of governmental affairs.” With these twelve words in the Department of Defense’s Code of Federal Regulations, the military discharge review boards (DRBs) have denied relief to thousands of veteran-applicants seeking a discharge upgrade. While seemingly innocuous, this administrative principle has become a nearly insurmountable barrier to relief for veterans with a less-than-honorable discharge. Veterans with a less-than-honorable discharge are generally ineligible for a range of veterans benefits, including health care and education benefits, and they have higher suicide rates compared to honorably discharged veterans.

For most veteran-applicants, the administrative path to …

Death By Discretion: Executive Power And The Arbitrary Machinery Of Federal Capital Punishment, Reem Haikal

Chapman Law Review

This Article argues that the federal death penalty is not merely at risk of being cruel; it is increasingly at risk of becoming arbitrary and lawless. Despite the procedural safeguards embedded in the Federal Death Penalty Act (FDPA), executive practices have reintroduced many of the same constitutional flaws that the Supreme Court identified in Furman v. Georgia. Through detailed analysis of the FDPA’s structure, this Article shows that the statute fails to meaningfully constrain the Attorney General’s charging discretion, allowing life-and-death decisions to hinge on opaque and often politicized processes. The Trump administration’s revival of federal executions, culminating in sweeping …

Mass Homicides And Mass Shootings: Comparisons, Trends, And Unpacking Further, Stefana E. Lotempio

Electronic Theses & Dissertations (2024 - present)

Mass shootings have garnered more public attention in recent years, in large part due to their increase in both frequency and lethality. Despite public concern, policy and prevention efforts have remained limited and have not yet resulted in a decrease in these events. Understanding mass shootings as a subset of mass murder will help identify how mass shootings are unique from other mass murders, which will help to identify more effective prevention tactics. Additionally, exploring mass shooting trends in the context of homicide trends and other crime trends will illuminate patterns that can be used to inform policy and prevention …

The Spectrum Of Limited Jurisdictions Courts: Exploring The City And Justice Courts In New York State, Alyssa Clark

Electronic Theses & Dissertations (2024 - present)

This dissertation is an investigation of decisions and outcomes in an important but seldom studied sector of the criminal justice system, the lower tiers of criminal courts (hereinafter referred to as LJCs). The LJCs in New York State (the subject of this dissertation) vary across two dimensions. The first dimension is court characteristics, which includes integration into a statewide court system (i.e., Justice Court vs. City Court). The second dimension is geodemographic characteristics (i.e., rural, suburban, and urban demographic characteristics). Recognizing this gap in literature, this dissertation provides an exploratory examination of the LJC’s patterns of case disposition and sentencing …

Developing Your Research Project: Writing An Annotated Bibliography, Fabiola Ceballos-Durham

Open Educational Resources

Students build the foundation for a criminal justice research project by evaluating and summarizing scholarly articles and websites in an APA-style annotated bibliography.

Creating A Social Media Campaign, Alexa Capeloto

Open Educational Resources

Students research an issue related to social good and apply visual, news, and digital literacy skills to design an original image and a proposed social media campaign.

Writing To Different Audiences For Different Purposes, Kim Liao

Open Educational Resources

Students research a recent technology and write three pieces for different audiences: an informational guide for nonexperts, an analytical memo for professionals, and a public-facing op-ed. They revise these pieces into a portfolio and reflect on how their writing choices serve each audience and purpose.

Toxicology Case Study Model, Ana Pego

Open Educational Resources

Graduate students apply laboratory skills to an authentic forensic toxicology case by interpreting evidence, recommending analytical methods, and presenting a critical group assessment.

Trust Is Difficult To Gain, Yet Easily Broken: The Impact Of Negative Police Encounters On Police–Community Relations, Brooke J. Pirozek

Honors College Theses

Trust between law enforcement agencies and their respective communities is arguably one of the most contentious issues within contemporary criminal justice research in the United States. This is because, despite the fact that law enforcement institutions rely significantly on the public's assistance and cooperation in fighting crime and enforcing social order, there still exist negative relations between law enforcement and their communities, mainly attributed to feelings of unfair treatment, abuse of power, and a lack of accountability. This study seeks to understand the role of negative police encounters in shaping community trust and perceptions of police legitimacy, with a special …

Crypto Kleptocracy, W. Robert Thomas, Jeffery Y. Zhang

Michigan Law Review Online

Many Americans are worrying about whether they will soon be living in a postdemocracy autocracy. But in the meantime, they may already be living in a crypto-fueled kleptocracy. Less than one year into his second presidential term, Donald Trump has reportedly taken his wealth to new heights by embracing, both as a businessman and a politician, the crypto industry. Trump’s family businesses are involved in minting Trump-themed meme coins, creating America- themed stablecoins, and mining crypto assets—so successfully that most of Trump’s wealth is likely now from crypto, not real estate. All the while, the Trump Administration is rolling back …

Operationalizing Cyber-Routine Activities Theory For Senior Cybercrime Prevention: An Evaluation Of The Shield Training-The-Trainer Program, Kyung-Shick Choi, Insun Park, Mijin Kim, Ji Yae Bong

International Journal of Cybersecurity Intelligence & Cybercrime

Older adults face growing risks of cyber-enabled fraud, yet scalable, evidence-based prevention programs remain limited. Guided by Cyber-Routine Activities Theory (Cyber-RAT), this study evaluates the pilot implementation of the Seniors Harnessing Internet Education for Lasting Defense (SHIELD) Training-the-Trainer program, designed to prepare law enforcement officers and community leaders to deliver cybercrime prevention education to older adults. A key innovation of SHIELD is its integration of interactive game-based simulations, which allow participants to practice verification, refusal, and reporting behaviors in realistic cybercrime scenarios. Following the December 2025 pilot session in Boston, semi-structured interviews were conducted with 12 participants from law enforcement, …

Vishing And Smishing Perpetrators And Their Victims In Nigerian Slums, Lateef J. Adeyemo, Tirimisiyu Y. Olabulo, Idenyi G. Peter

International Journal of Cybersecurity Intelligence & Cybercrime

This study investigates the personal accounts of both perpetrators and victims to better understand the techniques and strategies used in vishing and smishing schemes. It adopts a qualitative cross-sectional design across three Lagos slums (Ajegunle, Amukoko, and Ijora-Badia), using snowball sampling to recruit 20 victims and 10 perpetrators for in-depth interviews. Findings reveal that perpetrators impersonate trusted entities using low-tech tools (pre-registered SIMs, bulk SMS apps) to exploit trust. Selective morality emerges among offenders, with some repaying known victims due to guilt while exploiting strangers, alongside a mentorship culture where experienced scammers train newcomers. Poverty and peer influence normalize the …

From Authorization To Loss: A Blockchain Forensic Analysis Of Transaction-Level Mechanisms In Cryptocurrency Airdrop Scams, Chanwoo Shin, Kyung-Shick Choi

International Journal of Cybersecurity Intelligence & Cybercrime

Cryptocurrency airdrop scams have emerged as a rapidly growing form of cyber-enabled financial crime, yet remain underexplored in empirical research. This study examines how transaction-level mechanisms and offender strategies influence variation in monetary loss in airdrop scam incidents. Grounded in Cyber-Routine Activities Theory (Cyber-RAT), the study conceptualizes financial harm as occurring within decentralized environments where users’ online behaviors, particularly transaction authorization, intersect with limited digital capable guardianship. Data were drawn from 112 validated airdrop scam cases reported on Chainabuse.com between January and December 2025. Blockchain forensic analysis using Breadcrumbs was conducted to reconstruct transaction pathways, identify exchange interactions, and detect …

Languages Of Marginalization: Educational Inequality And Identity Formation Among Rohingya Refugees In Bangladesh, Md Khalid Rahman

Sustainability and Social Justice

This research paper investigates how language-of-instruction policies shape educational inequality and identity formation among Rohingya refugee children living in protracted displacement in Cox’ Bazar, Bangladesh. Analyzed from a human right–based framework, the study examines whether existing educational policies align with international legal standards on the right to education, including the UDHR, ICESCR, Child Convention and SDG 4. While these frameworks guarantee non-discriminatory and inclusive access to education, the reality in Cox’s Bazar reveals a persistent gap between normative commitments and policy implementation. Moreover, the study explores how the exclusion of both the host language (Bangla) and the native Rohingya language …

Silencing As Blackening, I. Bennett Capers

Faculty Scholarship

We are so accustomed to seeing defendants sit silently at criminal trials while their lawyers speak that we hardly question it. Or we tell ourselves this silence is for their own protection, part of their privilege against self-incrimination and the rules we have created for their own benefit. But what if we've gotten everything wrong? What if encouraging defendants to remain silent does not inure to their benefit at all, but to the State's? And what if this silencing is tied to race? "Silencing as Blackening" tells a fuller story about silent defendants. One, that this silence is rarely voluntary, …

“If He Did It, I Can Do It, Too. I Can Change My Life Around”: The Social Model Of Recovery Within The Context Of Recovery Homes Accepting Residents Prescribed Medications For Opioid Use Disorder, Jodie M Dewey, Kathryn R Gallardo, Meenakshi S Subbaraman, Amy A Mericle

Faculty, Staff and Student Publications

Introduction: This paper provides an in-depth examination of examines four recovery residences, that serve individuals prescribed medications for opioid use disorder (MOUD). The study has two primary aims: first, to deepen understanding of how recovery residences adopt and operationalize Social Model of Recovery principles; and second, to identify gaps in staff integration of residents receiving MOUD-gaps that may either support or undermine the integrity of the social model within these settings.

Methods: We conducted semi-structured interviews with 17 residents receiving MOUD living in four participating recovery homes. The interviews were conducted between August 2022 and January 2024 using a semi-structured …

Organizations, Businesses, Religious Groups In Alabama Supporting The Moratorium, Unsigned

Moratorium Advocacy

A list of more than 200 religious groups, businesses and organizations supporting the proposed moratorium on executions in Alabama.

Keynote Speaker Remarks From Ambassador Clint Williamson, Clint Williamson

Emory International Law Review

No abstract provided.

Building A Web Of Accountability: Learning From Ukraine’S Efforts To Bring Russian State Actors To Justice, Jane Stromseth

Emory International Law Review

No abstract provided.

Bridging The Gap: Predictors Of Alignment Of Parent And Caseworker Perceptions Of Engagement, Jianchao Lai, Michelle I. Graef

Center on Children, Families, and the Law: Faculty Publications

This study examined predictors of alignment between parents’ and caseworkers’ perceptions of family engagement in child welfare services. Using data from 2,274 Alternative Response (AR)–eligible families randomized to AR or Traditional Response, engagement was assessed across the domains of Receptivity, Buy-in, Worker-family Relationship, and Mistrust using a modified Yatchmenoff (2005) scale. Multinomial logistic regression models identified factors associated with agreement and discrepancy between ratings of family engagement within the parent and worker dyad. While both parents and workers valued engagement, workers were more likely to provide higher overall engagement ratings, although the direction of discrepancy varied across specific subscales. Greater …

Navigating Mental Wellness: A Peer-Led Journey Into Adult Services, Kristin G. Haberek

DSW Capstone Projects

Students with severe emotional disturbances (SED) occupy one of the most underserved intersections in American education and mental health care. As they age out of children’s services, they face abrupt service discontinuation, disrupted therapeutic relationships, and adult systems ill-equipped to meet their needs. These vulnerabilities, including heightened risks of crisis, hospitalization, homelessness, and justice involvement, constitute a central practice problem. This capstone addresses these transitions across three scholarly products: a systematic literature review, a theoretical concept paper, and a practical application paper, tracing a unified arc from diagnosing structural failures to proposing an evidence-informed, equity-oriented clinical response. Synthesizing key findings …

Trolling The Rule Of Law: Presidential Lawfare, The Stalingrad Defense, And The Lawyers, David Luban

Georgetown Law Faculty Publications and Other Works

This paper, part of a symposium on presidential lawfare, examines the so-called “Stalingrad Defense”—a strategy of total procedural obstruction—within the broader phenomenon of rule-of-law backsliding facilitated by legal professionals. By exhausting judicial resources and weaponizing procedural delays on behalf of political leaders, such lawyers do not merely defend a client; they actively participate in subverting the institutional foundations of democracy. I argue that the standard conception of legal ethics, which emphasizes neutral partisanship and zealous advocacy, is fundamentally inadequate to capture the wrongfulness of lawyers who use legal tools to dismantle the legal system itself. In its place, I propose …

To The Hague And Beyond: The Shifting Terrain Of International Criminal Justice, Leila Nadya Sadat, Valerie Oosterveld, Sharon Weil, Nancy Combs, David Crane

Faculty Publications

Panel of international criminal law experts speak about the areas in which they work.

Against A Medical Exception To Equal Protection, Govind Persad

Publications

Government regulations of medicine sometimes treat patients differently based on their race or sex. Does heightened scrutiny apply to such regulations—as is usual when law treats someone differently based on a protected characteristic? Or is there a medical exception to equal protection?

Recently, in United States v. Skrmetti, the Supreme Court upheld a law that restricted access to medical treatments for transgender minors. Though its holding did not rely on medical exceptionalism, its discussion reinvigorated interest in a "medical exception" to equal protection: that medical decisions are exempt from the searching review applied when governmental decisions consider protected characteristics.

For …

Adversarial Certification Of Evidentiary Software, Nicholas G. Vincent, Bryan H. Choi, Eli Siems, Clay Halbert, Katherine J. Strandburg

Publications

No abstract provided.

The Transition From School To Work For Students With Emotional And Behavioral Disorders: Examining The Lived Experiences Of Students In Private Day Schools, Gabrielle S. Pickover

Theses and Dissertations

This qualitative phenomenological study examined the lived experiences of young adults with Emotional and Behavioral Disorders (EBD) as they transitioned from private day school settings into sustained employment. Guided by Schlossberg’s Transition Theory, the study explored participants’ perceptions of the barriers, supports, and strategies that shaped their transition experiences. Data were collected through twelve semi-structured interviews with six participants who maintained at least one year of continuous employment following high school. Analysis revealed four primary themes: structure as a stabilizing force, resilience developed through adversity, experiential learning as a pathway to employment, and employment as identity and independence. Findings suggest …

The Specter Of Jury Nullification, Anna Offit

Faculty Publications

Attention to the trial of Luigi Mangione has renewed debate about nullification—the jury’s inviolate power to acquit a defendant contrary to the evidence presented. Jury nullification proponents hold that it is a mechanism of last resort for refusing to apply laws that conflict with the public conscience. Opponents, by contrast, argue that nullification undermines the law by diminishing its legitimacy. To prosecutors and defense attorneys, however, these arguments are immaterial: Jury nullification is part of the institutional landscape of the contemporary jury trial and thus must be treated as a potentiality—a feature of the agnostic, strategic, and ethical terrain of …

The Police Archipelago: Decentralization, Police Violence, Over-Punishment, And Crime, José F. Girón

Faculty Publications

A strong consensus has taken hold in the legal academy. Criminal Justice Localism, espoused by scholars of every stripe, promotes greater local control of every facet of the criminal justice system. But Criminal Justice Localism largely overlooks an institution that plays a critical role in the criminal justice system, and which has been the subject of intense public criticism: the police. That oversight is remarkable for two reasons. First, calls for increased local control of the police seem to ignore that America operates one of the most—if not the most—decentralized policing models in the world, with its thousands of local, …

Legitimacy And Accountability In The Information-Era Administrative State, Nina-Simone Edwards

Library Scholarship

The current assault on administrative institutions and the rapid influx of automated “solutions” have exacerbated the problems of a system that was already buckling under the strains of functional opacity, technical opacity, unequal access and influence, process proliferation and paralysis, and inaction. An overarching reason for the legitimacy and accountability challenges confronting the administrative state is a paradigm for administrative legitimacy and accountability that is court-centered and no longer fit for purpose.

In this concept paper, we describe two core requirements of legitimacy and accountability–which, as we will explain, are interdependent concepts–and then articulate three component requirements–transparency and demystification, care …