Digital Commons Network^™

Fake News & International Criminal Law, Sara L. Ochs

Saint Louis University Law Journal

In a decade defined by fake news, nations have weaponized disinformation to attack political, legal, and social systems throughout the world. Specifically, in recent years, government leaders have spread fake news about the International Criminal Court (“ICC”) in efforts to turn public opinion against the ICC and deter its attempts to investigate and prosecute controversial cases. Given the ICC’s reliance on state party cooperation, not only does this use of fake news hamper the Court’s likelihood of successfully prosecuting crimes that are of most concern to the international community, but it also promotes a version of history that denies victims …

The Nil Game Plan: How The Florida Legislature Can Become Student-Athletes' "Ambassador Of Quan", Alexa Rae Martinez

St. Thomas Law Review

The movie Jerry Maguire follows a successful sports agent who questions the morals of his work, which leads to him being stripped of his contribution at his firm and being left with one client. Throughout the movie, Maguire struggles to build his clientele while pursuing the best interests of his only client, Rod Tidwell. Somewhere along the way, Tidwell uses the word “Quan” and leaves Maguire perplexed; “Quan? That’s your word?” Tidwell replies: “Yeah, that’s my word. You know some dudes might have the coin. But they’ll never have the Quan.” “Wha…what is that?” Maguire asks, still clearly confused. Tidwell …

Public Health Policing And The Case Against Vaccine Mandates, Dr. Tryon Woods

St. Thomas Law Review

There can be no simple reading of a text, be it literary, philosophical or scientific, nor of the social text in the most general sense. Rather, the question must turn upon itself, no less than its putative object, as a matter of interpretation and, more important, as a matter of the forces at work in the interpretative activity under way. There is always the ascription of voice to what is otherwise silent, the attribution of a face or the placement of a mask. Le germe n’est rien, c’est le terrain qui est tout. The microbe is nothing, the soil is …

Tsai Today (2021), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation

Tsai Today

No abstract provided.

Privacy-As-Property: A New Fundamental Approach To The Right To Privacy And The Impact This Will Have On The Law And Corporations, Sevion Dacosta

CMC Senior Theses

The most popular conception of the right to privacy stems from Warren and Brandeis’s description of privacy as “the right to be left alone.” This theory ultimately points to a more fundamental approach to the right to privacy rooted in property rights. This fundamental approach - which I call privacy-as-property - is what I establish in this paper. I argue that the Lockean concept of property that “every man has a property in his own person” provides the foundation for the right to privacy. Privacy-as-property begins with the fundamental right to control oneself. Because of this intrinsic right, your property …

Is It Actually Violence? Framing Technology-Facilitated Abuse As Violence, Suzie Dunn

Articles, Book Chapters, & Popular Press

When discussing the term “Technology-Facilitated violence” (TFV) it is often asked: “Is it actually violence?” While international human rights standards, such as the United Nations’ Convention on the Elimination of All Forms of Discrimination against Women, have long recognized emotional and psychological abuse as forms of violence, including many forms of technology-facilitated abuse, law makers and the general public continue to grapple with the question of whether certain harmful technology-facilitated behaviors are actually forms of violence. This chapter explores this question in two parts. First, it reviews three theoretical concepts of violence and examines how these concepts apply to technology-facilitated …

The Emerging Shape Of Global Justice: Retrogression Or Course Correction?, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Mine The Gap: Using Racial Disparities To Expose And Eradicate Racism, James S. Liebman, Kayla C. Butler, Ian Buksunski

Faculty Scholarship

For decades, lawyers and legal scholars have disagreed over how much resource redistribution to expect from federal courts and Congress in satisfaction of the Fourteenth Amendment's promise of equal protection. Of particular importance to this debate and to the nation given its kaleidoscopic history of inequality, is the question of racial redistribution of resources. A key dimension of that question is whether to accept the Supreme Court's limitation of equal protection to public actors' disparate treatment of members of different races or instead demand constitutional remedies for the racially disparate impact of public action.

For a substantial segment of the …

Restatements Of Statutory Law: The Curious Case Of The Restatement Of Copyright, Shyamkrishna Balganesh, Peter S. Menell

Faculty Scholarship

For nearly a century, the American Law Institute’s (ALI) Restatements of the Law have played an important role in the American legal system. And in all of this time, they refrained from restating areas of law dominated by a uniform statute despite the proliferation and growing importance of such statutes, especially at the federal level. This omission was deliberate and in recognition of the fundamentally different nature of the judicial role and of lawmaking in areas governed by detailed statutes compared to areas governed by the common law. Then in 2015, without much deliberation, the ALI embarked on the task …

Making America A Better Place For All: Sustainable Development Recommendations For The Biden Administration, John C. Dernbach, Scott E. Schang, Robert W. Adler, Karol Boudreaux, John Bouman, Claire Babineaux-Fontenot, Kimberly Brown, Mikhail Chester, Michael B. Gerrard, Stephen Herzenberg, Samuel Markolf, Corey Malone-Smolla, Jane Nelson, Uma Outka, Tony Pipa, Alexandra Phelan, Leroy Paddock, Jonathan D. Rosenbloom, William Snape, Anastasia Telesetsky, Gerald Torres, Elizabeth Ann Kronk Warner, Audra Wilson

Faculty Scholarship

In 2015, the United Nations Member States, including the United States, unanimously approved 17 Sustainable Development Goals (SDGs) to be achieved by 2030. The SDGs are nonbinding; each nation is to implement them based on its own priorities and circumstances. This Article argues that the SDGs are a critical normative framework the United States should use to improve human quality of life, freedom, and opportunity by integrating economic and social development with environmental protection. It collects the recommendations of 22 experts on steps that the Biden-Harris Administration should take now to advance each of the SDGs. It is part of …

Inconspicuous Victims, Itay Ravid

Faculty Publications

Recent debates on racial inequalities in the criminal justice system focus on offenders while neglecting the other side of the criminal equation—victims of crime. Such scholarly oversight is surprising given the similarly deep racial disparities in the treatment of victims, manifested in different stages of the criminal justice system. Delving into the underexplored territory of racialized victimization, this project bridges that gap and exposes the roots of the disparate treatment of Black victims in the American criminal justice system. These unprecedented times of the COVID-19 pandemic and racial tensions bring to the fore questions about governmental allocation of resources and …

Crime And The Mythology Of Police, Shima Baradaran Baughman

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 …

The Color Line: A Review And Reflection For Antiracist Scholars, Jasmine Gonzales Rose

Faculty Scholarship

In The Color Line: A Short Introduction, David Lyons provides a valuable service to students and academics in law, social sciences, and humanities by providing a concise history of the development and maintenance of race and racial order through law, policy, and discrimination in the United States. Lyons effectively outlines how race and racism were developed through these mechanisms in an effort to facilitate and maintain white supremacy.

The Profession's Role In Helping Psychologists Balance Society's Interests With Their Clients' Interests, Alfred Allan

Research outputs 2014 to 2021

Objective: Psychologists find it difficult to balance their clients' and society's interests when these interests differ from each other, such as when their clients pose a risk of harm to others. Society's increasing preoccupation with harm makes their task even more difficult. The first aim with this article is to determine the reactions of those who make, enforce, and use law to address society's concerns and how they impact on psychologists. The second aim is to propose how the profession can assist psychologists deal with the competing demands prompted by these reactions.

Method: A legal-ethical analysis was used to identify …

Amplification Of Legal Advocacy: Public Health Approaches To Releasing Immigrant Detainees At The Otay Mesa Detention Center, San Diego, California, United States, Kaylin Rosal

Master's Projects and Capstones

This paper reviews the current health practices of Immigration and Customs Enforcement (ICE) detention centers, focusing on asylum seekers housed at Otay Mesa Detention Center (OMDC) located in San Diego, California, United States. Many asylum seekers, or foreign nationals who have been confirmed to have a credible fear of persecution in their home countries, regardless of how they enter the United States, are placed into Federal Immigration and Customs Enforcement detention centers. Two avenues for the release of detainees while they wait for their asylum cases to be heard by an immigration judge are bond and parole applications, the basis …

Comparing Corporeal Lineups To Photo Arrays, Andrew J. Costello, Blair Hoplight, Maria Lombardo

Journal of Criminal Justice and Law

An eyewitness identification study of a simulated theft of a laptop in a lecture hall was conducted in a northeastern university. After five days, 148 subjects attempted to identify the suspect from either a lineup or a photo array. Corporal lineups and video lineups were conducted in addition to traditional static photo arrays and a new “dynamic photo array” consisting of the use of front, left profile, and right profile images presented in an animated sequence within the standard six-pack photo array. No significant differences between correct identification, misidentification, and non-selection were found between any of the identification methods used. …

State Prisons Turning Into De Facto Mental Health Institutes: A Comparative Look At The Illinois And Nebraska State Prison Systems, Margaret Kramer

Northern Illinois Law Review Supplement

This Comment discusses the systems of approaching mental health in Nebraska and Illinois state prison systems. Starting with how prison systems became some of the largest de facto mental health institutes in the country after deinstitutionalization happened on a national scale. It will then provide the guidelines and regulations in place for both Nebraska and Illinois. This Comment will then discuss what regulations would be most beneficial and how some of these can help in continuing after an individual is released from prison.

Global Innovation Law, P. Sean Morris

Northern Illinois University Law Review

This Article is about opening up a debate on global innovation law. The Article argues that a new hybrid area of transglobal law has emerged in the past decade due to the rise of various disruptive and technological challenges to law beyond the state. As such, the Article argues that global innovation law is a new field that encapsulates the dynamics of law making and regulatory governance in how law operates in a transglobal environment. With the rapid changes in law and regulation to meet the demands of the global economy--the interaction of law and these changes at the domestic …

Analysis Of Criminal Law Literature A Bibliometric Study From 2010-2019, Jibran Jamshed Mr., Salman Naeem Dr., Khurshid Ahmad

Library Philosophy and Practice (e-journal)

The purpose of this research paper is to present a quantitative analysis of the Criminal Law Literature published from 2010 to 2019.

Design/Methodology: The Institute of Scientific Information (ISI) Web of Science database was used as a source for extracting the data of published documents during the period 2010-2019. The analysis of the published literature was based on the following indicators: research productivity of each country, annual publications, annual citations, highly cited articles, highly cited law journals, most productive institutions in the field of criminal law, and most prolific authors. Research articles, conference proceeding papers, book reviews and editorials …

Reflections On Feminism, Law & Culture: Law Students’ Perspectives, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

This essay is a collective reflection by thirty-nine law students on feminism, law and culture. In the Spring 2020 semester, the students who enrolled in the Feminist Legal Theory course taught by Professor Bridget Crawford at the Elisabeth Haub School of Law at Pace University were a mixed-gender group of second-year, third-year, and fourth-year students. The course focused on the themes and methods of feminist analysis and the application of feminist legal theories to topics such as intimate partner violence, prostitution, pornography, sexual harassment, reproductive rights, and economic rights. Students attended a traditional seminar meeting once each week. Conversations continued …

The Lawyer: Fall 2020, Seattle University School Of Law

Lawyer

No abstract provided.

Criminal Justice Citizenship, Daniel S. Mcconkie Jr.

College of Law Faculty Publications

The American criminal justice system is fundamentally democratic and should reflect an ideal of citizenship that is equal, participatory, and deliberative. Unfortunately, the outcomes of criminal cases are now almost always determined by professionals (prosecutors, defense attorneys, and judges) instead of by juries. This overly bureaucratized system of adjudication silences the voice of the people. A better system would strengthen “criminal justice citizenship,” which refers to the right of the citizenry to participate, directly and indirectly, in the criminal justice system and to deliberate in its workings.

The three key principles of criminal justice citizenship are membership, participation, and deliberation. …

Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips

Journal of Digital Forensics, Security and Law

Military-grade cryptography has been widely available at no cost for personal and commercial use since the early 1990s. Since the introduction of Pretty Good Privacy (PGP), more and more people encrypt files and devices, and we are now at the point where our smartphones are encrypted by default. While this ostensibly provides users with a high degree of privacy, compelling a user to provide a password has been interpreted by some courts as a violation of our Fifth Amendment protections, becoming an often insurmountable hurdle to law enforcement lawfully executing a search warrant. This paper will explore some of the …

Sexual Education As A Form Of Sexual Assault Prevention: A Survey Of Sexual Education Among States With The Highest And Lowest Rates Of Rape, Brittney Herman

BYU Education & Law Journal

Our Nation overwhelmingly supports sexual education in public

schools. A study by Siecus found that 98% of people surveyed support

sexual education in public high schools and 89% in public middle

schools. Unfortunately for some students, they will receive no sexual

education of very limited, ineffective sexual education, simply because

of where they live. Even if a student is fortunate to live in an

area which has or requires sexual education, this education may be

insufficient.

There have been countless advocates for sexual education.

With the rise of each new sexual education concern, advocates emerge

as if in waves. Most …

Angry Women And Empathic Men: How Individuals "Do Gender" In A Criminal Justice Context Through Conformity Or Resistance To Gendered Feeling Rules, Shannon Dodd

Qualitative Criminology (QC)

Studies on gender differences in public punitiveness show that women generally hold less punitive attitudes toward offenders than men. The reverse is true, however, when it comes to ‘back-end’ criminal justice processes, like parole, that involve the early release of prisoners. With evidence to suggest that differing emotional responses may help to explain gender gaps like these, this study draws on the concepts of gendered feeling rules and emotion management, together with the notion of gender as a performance, to explore how men and women enact their gendered identity through emotion in a criminal justice context. The findings highlight the …

Book Review - Holding On: Family And Fatherhood During Incarceration And Reentry, Danielle L. Haverkate

Qualitative Criminology (QC)

The impact of incarceration on families has received increased focus over the past 20 years. The bulk of examinations have narrowed in on the impact of parental incarceration on children (see Wakefield & Wildeman, 2013), the impact of incarceration on parenting (see Hairston, 2002), and the impacts of incarceration on the partners of those incarcerated (see Roy & Dyson, 2005; Turney, 2015). All of this suggests that family functioning is disrupted during periods of incarceration. Despite this, a large proportion of the literature on family relationships during and after prison focuses on incarcerated mothers (see Ferraro & Moe, 2003; Enos, …

"Criminals, We're Coming": Costumed Crime-Fighter Legal Consciousness And Punishment Philosophies In Movement-Produced New Media, Michael Aiello

Qualitative Criminology (QC)

I examine the constructions of costumed crime-fighting reflected in ‘Phoenix’s Journal,’ a blog describing the efforts of a group called the Rain City Superhero Movement (RCSM). The RCSM blog provides a self-produced portrait of the group, allowing for analysis of this critical case of vigilantism within their cultivated domain. The theoretical framework of legal consciousness guides a qualitative and ethnographic content analysis exploring two research questions concerning the punishment philosophies of the RCSM, and how costumed crime-fighters use the law to frame their behavior. The RCSM blog indicates a fundamental tension between the members as vigilantes, incapacitating threats to the …

"I'M Stamped A Liar On My Heart": Challenges Of Qualitative Research On Arab And Arab-American Drug User Populations, Amny M. Shuraydi

Qualitative Criminology (QC)

In the social sciences, Arabs and Arab-Americans are an understudied population. While there are numerous contributing factors as to why this disparity in the literature exists, one of the main contributing factors when studying Arab populations is that of access. In quantitative data, those of Arab descent are often misclassified or grouped into broader categories such as “White,” “Middle-Eastern,” or “Muslim.” This can lead to data that either seem limiting or misleading. In qualitative research, cultural factors such as shame, stigma, fear of judgment, and a culture of honor can lead to blocked access to offender populations. This article will …

Community-Based Participatory Research: How Residents Of A Small Low-Income Racially Homogenous Disadvantaged Neighborhood Perceive The Effects Of Poverty Stigma, Community Disorder, & Feelings Of Unsafety On Health, Stan Korotchenko, Kim M. Anderson

Qualitative Criminology (QC)

Although research indicates that social determinants impact minority health, there remains a dearth of knowledge on how economically disadvantaged communities perceive the effects of poverty stigmatization, community disorder, and feelings of unsafety on their health status. This qualitative study used community-based participatory research methods to explore how minority residents (n=23) from an urban neighborhood of concentrated poverty perceived the impact of residential and environmental factors on their health. Thematic analysis highlighted how the combination of high crime rates and community disorder negatively affected residents’ ability to maintain a healthy lifestyle due to increased levels of stress and decreased access to …

Public Discussion About Critical Issues In Criminal Justice Reform, Kevin H. Wozniak

Qualitative Criminology (QC)

Through analysis of six focus groups with 44 black and white residents of the greater Boston metropolitan area, this paper presents a qualitative assessment of people’s “zone of acquiescence” for justice reinvestment reform, paying particular attention to people’s criminal justice budget preferences and their openness to sentencing reform for violent offenders. When asked to write their own crime prevention budgets, participants chose to invest more money into the infrastructure and social services of communities than into police, probation, or prisons, arguing that the former is in greater need of funding than the latter. Most participants were initially resistant to sentencing …