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Articles 151 - 180 of 1022
Full-Text Articles in Entire DC Network
Critical Review Of The Use Of The Rorschach In European Courts, Igor Areh, Fanny Verkampt, Alfred Allan
Critical Review Of The Use Of The Rorschach In European Courts, Igor Areh, Fanny Verkampt, Alfred Allan
Research outputs 2014 to 2021
In relation to the admissibility of evidence obtained using projective personality tests arose in F v. Bevándorlási és Állampolgársági Hivatam (2018). The Court of Justice of the European Union has held that an expert’s report can only be accepted if it is based on the international scientific community’s standards, but has refrained from stipulating what these standards are. It appears timely for European psychologists to decide what standards should be applied to determine whether or not a test is appropriate for psycholegal use. We propose standards and then apply them to the Rorschach because it was used in this case …
A Human Being Wrote This Law Review Article: Gpt-3 And The Practice Of Law, Amy B. Cyphert
A Human Being Wrote This Law Review Article: Gpt-3 And The Practice Of Law, Amy B. Cyphert
Law Faculty Scholarship
Artificial intelligence tools can now “write” in such a sophisticated manner that they fool people into believing that a human wrote the text. None are better at writing than GPT-3, released in 2020 for beta testing and coming to commercial markets in 2021. GPT-3 was trained on a massive dataset that included scrapes of language from sources ranging from the NYTimes to Reddit boards. And so, it comes as no surprise that researchers have already documented incidences of bias where GPT-3 spews toxic language. But because GPT-3 is so good at “writing,” and can be easily trained to write in …
Tattoo Recognition Technology Is Gaining Acceptance As A Crime-Solving Technique, Samuel D. Hodge, Jr., John Meehan
Tattoo Recognition Technology Is Gaining Acceptance As A Crime-Solving Technique, Samuel D. Hodge, Jr., John Meehan
Northern Illinois University Law Review
Tattoos offer a wealth of information gleaned through a simple visual examination. This visualization can help police evaluate the tattoo’s location, design, colors, and any other physical characteristics to identify the person captured on video surveillance. Tattoos are also helpful in identifying a corpse where more traditional tools such as facial features or fingerprints are unsuitable. Conventional databases, such as fingerprints, facial images, DNA profiles, and dental records, are of limited use if the victim or culprit does not have a profile on record. A person’s tattoos, however, are frequently recognized by many people, whether a family member, acquaintance, co-worker, …
Troubling Solutions Through Anthropological Fieldwork: Mediation Research In Ghana, Australia, And The United States, Alexandra Crampton
Troubling Solutions Through Anthropological Fieldwork: Mediation Research In Ghana, Australia, And The United States, Alexandra Crampton
Social and Cultural Sciences Faculty Research and Publications
Social workers and anthropologists encounter different representations of mediation as a professional practice: On the one hand, Social Work is grounded in mediation as expert knowledge that helps others to resolve interpersonal disputes. For example, mediation as Alternative Dispute Resolution (ADR) can enable court cases to resolve without formal trials. On the other hand, Anthropology is grounded in mediation as a research field site and by past intervention experience of anthropologists. As mediation professionalized and became mandated across public institutions, anthropologists became strong ADR critics. Academic debate between mediation proponents and critics ended as critics abandoned research in the 1990s …
The Ballad Of Hicks Carmichael: Law, Music, And Popular Justice In Urban Appalachia, William Davenport Mercer
The Ballad Of Hicks Carmichael: Law, Music, And Popular Justice In Urban Appalachia, William Davenport Mercer
Scholarly Works
This article examines a rare folk ballad to revisit an 1888 Tennessee trial that newspapers referred to as the fastest in the country in which the death penalty was involved. If we look at this event using court records and newspapers, it tells a regrettably common story of a court under pressure from the populace skirting the protections of law. However, if we consider the trial as a performative endeavor, we can rightly consider other performative events, like folk songs, not as reflective of official events but as equivalents that help provide insight into the larger motives behind the court’s …
Criminalizing Lgbtq+ Jamaicans: Social, Legal, And Colonial Influences On Homophobic Policy, Zoe C. Knowles
Criminalizing Lgbtq+ Jamaicans: Social, Legal, And Colonial Influences On Homophobic Policy, Zoe C. Knowles
USF Tampa Graduate Theses and Dissertations
Based on colonial and neocolonial models of oppression, Jamaica has adopted many laws, policies, and systems mandated by the British monarchy. Many of these laws contain anti-LGBTQ+ policies which remain in effect today. To address the criminalization of LGBTQ+ identities, I used queer theory and queer criminology to analyse the ways Jamaica constructs LGBTQ+ people as criminals and how they are treated in the legal and criminal justice systems from a postcolonial standpoint. Using a qualitative text-based feminist and queer policy analysis, I investigated social, legal, and colonial influences on current anti-LGBTQ+ policy by looking at the Offences Against the …
The Lawyer: Fall 2021, Seattle University School Of Law
The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen
The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen
Articles
In response to widespread skepticism about the recent rise of “tech ethics”, many critics have called for legal reform instead. In contrast with the “ethics response”, critics consider the “lawfulness response” more capable of disciplining the excesses of the technology industry. In fact, both are simultaneously vulnerable to industry capture and capable of advancing a more democratic egalitarian agenda for the information economy. Both ethics and law offer a terrain of contestation, rather than a predetermined set of commitments by which to achieve more democratic and egalitarian technological production. In advancing this argument, the essay focuses on two misunderstandings common …
Another Time, Another Place: The Truth Of Silence In J.M. Coetzee's Disgrace, Sara T. Murphy
Another Time, Another Place: The Truth Of Silence In J.M. Coetzee's Disgrace, Sara T. Murphy
Theses and Dissertations
Through Lucy’s rejection of the criminal justice system, Coetzee's Disgrace operates as an allegory for the failure of the Truth and Reconciliation Commission to provide individual justice and reparations to victims of Apartheid.
Afterword: Nudging Toward Virtue, Lauren Robel
Afterword: Nudging Toward Virtue, Lauren Robel
Journal of Legal Education
No abstract provided.
Playing With Fire: The Medieval Judicial Ordeals And Their Downfall, Aaron Larson
Playing With Fire: The Medieval Judicial Ordeals And Their Downfall, Aaron Larson
Swarthmore Undergraduate History Journal
Trials by ordeal in the Middle Ages prove to be some of the most complex secular trials in all of history. Both trial by fire, and trial by water looked to call God's judgment into play, hoping that He would make the decisions of guilt or innocence. God is all-knowing. He is all-powerful. Therefore He has all of the relevant information to determine the fates of those who go through the ordeals. Despite this, the theologians in the medieval Church looked to lessen clerical involvement in the ordeals. In 1215, the Fourth Lateran Council met, and the ordeals ceased to …
Yes, Allegheny Co. Da Zappala Should Resign Or Be Impeached. No, He Shouldn't Be The Target Of Legal Discipline, Bruce Ledewitz
Yes, Allegheny Co. Da Zappala Should Resign Or Be Impeached. No, He Shouldn't Be The Target Of Legal Discipline, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Reducing Prejudice Through Law: Evidence From Experimental Psychology, Roseanna Sommers, Sara Burke
Reducing Prejudice Through Law: Evidence From Experimental Psychology, Roseanna Sommers, Sara Burke
Law & Economics Working Papers
Can antidiscrimination law effect changes in public attitudes toward minority groups? Could learning, for instance, that employment discrimination against people with clinical depression is illegal cause members of the public to be more accepting toward people with mental health conditions? In this Article, we report the results of a series of experiments that test the effect of inducing the belief that discrimination against a given group is legal (vs. illegal) on interpersonal attitudes toward members of that group. We find that learning that discrimination is unlawful does not simply lead people to believe that an employer is more likely to …
Plea Bargaining For The People, Daniel S. Mcconkie Jr.
Plea Bargaining For The People, Daniel S. Mcconkie Jr.
College of Law Faculty Publications
Our criminal justice system must be democratic enough to allow for significant citizen participation. Unfortunately, our current system cuts the people out. Instead of juries, plea bargaining professionals like prosecutors, defense attorneys, and judges decide most cases. Plea bargaining does efficiently process cases but, in addition to its well-known coercive aspects that warp case outcomes, ignores what I call “criminal justice citizenship.” This refers to the people’s privilege to participate on an equal basis in the criminal justice system. That participation strengthens our democracy, shores up the legitimacy of the system, and helps to ensure that the system, within constitutional …
Systemic Inequality | Recasting The Exclusionary Rule’S Net, Zach Huffman
Systemic Inequality | Recasting The Exclusionary Rule’S Net, Zach Huffman
Fordham Law Review Online
No abstract provided.
Systemic Inequality | Ballot Access Behind Bars, Robin Fisher
Systemic Inequality | Ballot Access Behind Bars, Robin Fisher
Fordham Law Review Online
No abstract provided.
An Introduction To The Fordham Law Review Online Spring Issue, Systemic Inequality In The American Experience, Leili Saber, Kevin Sette
An Introduction To The Fordham Law Review Online Spring Issue, Systemic Inequality In The American Experience, Leili Saber, Kevin Sette
Fordham Law Review Online
No abstract provided.
If Only I Had Known: The Challenges Of Representation, Jenny E. Carroll
If Only I Had Known: The Challenges Of Representation, Jenny E. Carroll
Fordham Law Review
No abstract provided.
Stepping Towards Justice: The Case For The Illinois Constitution Requiring More Protection Than Not Falling Below “Cruel And Unusual” Punishment, Andrea D. Lyon, Hannah J. Brooks
Stepping Towards Justice: The Case For The Illinois Constitution Requiring More Protection Than Not Falling Below “Cruel And Unusual” Punishment, Andrea D. Lyon, Hannah J. Brooks
Northern Illinois University Law Review
In these tumultuous times, when our nation is trying to not only navigate a global pandemic, but also actually reckon with its long history of institutional racism, mass incarceration, and devastation of poor communities and communities of color, the cry for criminal justice reform is loud and getting louder, particularly regarding sentencing, and it is time for Illinois to require its courts to commit to doing more in accordance with our constitution. In this article, the authors examine the legislative and constitutional history of Illinois, the effects of a series of recent decisions made in the context of the sentencing …
Transgender Inmates’ Right To Gender Confirmation Surgery, Marissa Luchs
Transgender Inmates’ Right To Gender Confirmation Surgery, Marissa Luchs
Fordham Law Review
The Eighth Amendment prohibits cruel and unusual punishment. It ensures that the state’s power to punish is exercised within the bounds of evolving standards of human decency. At the time of its enactment in 1791, the Eighth Amendment merely protected against torture and other physically barbarous treatments. However, as society’s standards of decency changed, so too did the scope of the Eighth Amendment. Today, among other protections, the Eighth Amendment mandates that prisons provide inmates with adequate conditions of confinement. This includes an obligation on the part of the prison to provide adequate medical care. But a great deal of …
Seeing Color: America's Judicial System, Elizabeth Poulin
Seeing Color: America's Judicial System, Elizabeth Poulin
Senior Honors Projects
In many eyes, it often seems as though being white in America is easy, or a privilege. Being white in America is considered a safety blanket, with an abundance of opportunities beneath it. Yet, how does a physical difference such as skin color manifest itself as privilege? Noticing color is not wrong, hateful, or oppressive. Even children notice color, and we define them as the ultimate innocence. But in fact, skin color is often a trigger. When the world has preconceived notions about people of color, an oppressive system designed to harm people who have never done anything to deserve …
The Lawyer: Spring 2021, Seattle University School Of Law
The Lawyer: Spring 2021, Seattle University School Of Law
Lawyer
No abstract provided.
Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, Atobek Ravshanovich Davronov, Atobek Davronov
Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, Atobek Ravshanovich Davronov, Atobek Davronov
ProAcademy
The rapid growth of information technologies naturally determines the interest of researchers in them from various fields of science. Law, including criminal law, is no exception. Currently: a separate branch of law is being formed - information law. Despite this, until now in science unified approaches to the analysis of information and legal phenomena have not been developed. The article analyzes the formation and development of prosecutorial supervision over the execution of laws in the investigation of crimes in the field of information technology, and also studied the process of the emergence of information technology as a type of crime …
Drafting Findings Of Fact And Conclusions Of Law, Indiana Continuing Legal Education Forum (Iclef)
Drafting Findings Of Fact And Conclusions Of Law, Indiana Continuing Legal Education Forum (Iclef)
Indiana Continuing Legal Education Forum 2021
Meeting proceedings of a seminar by the same name, held August 27, 2021.
Admissions View Book 2021, Nova Southeastern University
Admissions View Book 2021, Nova Southeastern University
Shepard Broad College of Law Course Catalogs
No abstract provided.
Betraying The American Public's Trust And Police Accountability Interrogations: The Darren Wilson Story, Shaymaa Shwel
Betraying The American Public's Trust And Police Accountability Interrogations: The Darren Wilson Story, Shaymaa Shwel
Intercultural Human Rights Law Review
This paper will be focused on the specific failure by prosecutors to obtain an indictment when Michael Brown (Brown), the victim, was shot by law enforcement and will discuss: (1) systematic racism in the City of Ferguson (Ferguson), and the events leading up to the Darren Wilson (Wilson) case; (2) the specificities of the grand jury proceedings in the Wilson case; and (3) finally, conclude by evaluating how the Wilson case led to no indictment, and how attempting to indict a police officer is completely different.
Meek Mill's Trauma: Brutal Policing As An Adverse Childhood Experience, Todd J. Clark, Caleb G. Conrad, Andre D.P. Cummings, Amy D. Johnson
Meek Mill's Trauma: Brutal Policing As An Adverse Childhood Experience, Todd J. Clark, Caleb G. Conrad, Andre D.P. Cummings, Amy D. Johnson
St. Thomas Law Review
Meek Mill, in his intimate autobiographical tracks of Trauma, Oodles O’Noodles Babies, and Otherside of America, describes experiencing not just several instances of childhood trauma as identified by the CDC-Kaiser Permanente study, but as a teenager, he suffered additional cruel trauma at the hands of U.S. police and a criminal justice system that wrongly imprisoned and unfairly positioned him in a revolving door between probation and prison. The data tells us that the trauma Meek experienced as a child and teenager statistically predicts a poorer life expectancy for him than those individuals that experienced no trauma or little trauma as …
From Tiktok To Racial Violence: Anti-Blackness In The Gendered Sphere, Dr. Donald F. Tibbs
From Tiktok To Racial Violence: Anti-Blackness In The Gendered Sphere, Dr. Donald F. Tibbs
St. Thomas Law Review
This article proceeds in four sections. Section I begins with a brief historiography of the danger of White gendered racism to Black life; specifically, when White women falsely accuse Black men of crimes. The seriousness of this provocative history is undisputed. It has been captured as a movie adaptation of a famous novel, well documented in academic scholarship, sang in negro spiritual songs, described in countless media stories, and documented by the federal government when the accusations involved brutal retaliation-style killings. After discussing the historical underpinnings of gendered racism, Section II uses a case study of a White woman, named …
Crime And The Mythology Of Police, Shima Baughman
Crime And The Mythology Of Police, Shima Baughman
Utah Law Faculty Scholarship
The legal policing literature has espoused one theory of policing after another in an effort to address the frayed relationship between police and the communities they serve. All have aimed to diagnose chronic policing problems in working towards structural police reform. The core principles emanating from these theoretical critiques is that the mistrust of police among communities of color results from maltreatment, illegitimacy and marginalization from the law and its enforcers. Remedies have included police training to encourage treating people with dignity, investing in body cameras and other technology, providing legal avenues to encourage constitutional action by police, and creating …
Exploring The Role Of Nonhuman Animal Victims In Federal Environmental Crime Prosecutions, Melissa L. Jarrell, Joshua Ozmy
Exploring The Role Of Nonhuman Animal Victims In Federal Environmental Crime Prosecutions, Melissa L. Jarrell, Joshua Ozmy
Animal Law Review
While nonhuman animals in the United States are often victimized directly or as a consequence of environmental crimes, little is known about them or the role their victimization plays in federal environmental crime prosecutions. Through content analysis of 2,588 of the Environmental Protection Agency's criminal prosecutions from 1983-2019, we identified cases where identifiable nonhuman animal victims play a central role in the prosecution. We developed a typology of victims and the consequences of their victimization, and we explored the geography, charging statutes, and penalties. Results suggest that victimization is infrequent, acute, and clusters around toxic discharges and pesticide abuse stemming …