Digital Commons Network^™

Multiple Foster Care Placements Should Be Considered A Mitigating Factor In Criminal Proceedings, Daniel Pollack, Khaya Novick Eisenberg Dr., Amanda Dolce Esq.

Ohio Northern University Law Review

No abstract provided.

Immigration, Incarceration, Deportation: Asian Americans In The Criminal Justice System, Agnes Mung

History

Asian Americans have been long overlooked in the United States for their contributions and have been restricted by ever-changing stereotypes and perceptions. Within the Asian American community, the incarcerated population and former criminals have been hidden because of cultural stigmas and missing statistics. In the 1980s, a large population of Asian American youth were becoming involved in criminal activity because of difficulty adapting to life in the United States after arriving at a young age. Gang membership and racial profiling increased the chances that Asian Americans would be arrested, although Asian Americans are less likely to be sentenced to prison …

Gendering Islamophobia To Better Understand Immigration Laws, Catherine Dauvergne

All Faculty Publications

This paper examines two recent developments in immigration law in Western liberal democracies: security exclusions and forced marriage provisions. It aims to consider how both of these settings are influenced by a pernicious Islamophobia and by gender. And, of course, by the intersection that creates a gendered version of Islamophobia. The overarching aim of the work is to consider whether and how human rights arguments are likely to be effective in immigration law. The work proceeds by developing the ideas of ‘unknowability’ and ‘unintelligibility’ as two ways to describe how Western law responds to Islam, and in so doing, contributes …

Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head

Dissertations, Theses, and Capstone Projects

Lawyers in the U.S. who attempt to advocate for social justice issues, often on behalf of those communities most targeted by government institutions and oppressive legal systems, have unique perspectives into the challenges of using the law to create transformative change. This thesis examines the voices of over a dozen attorneys fighting not only on behalf of their clients, but also wrestling with how to best use a set of legal tools not meant for dismantling systems of power. Listening to how these legal advocates navigate their roles inside a system of laws created to consolidate rather than distribute power …

Prospective Student Information Booklet (2018-19), Florida State University College Of Law

Prospective Student Information Booklets

Booklet containing curriculum and course information for future law students.

Judicial Education, Private Violence, And Community Action: A Case Study In Legal Participatory Action Research, Kristin (Brandser) Kalsem

Faculty Articles and Other Publications

In this Article, I present a case study of a legal PAR project involving judicial training on best practices in domestic violence cases. This judicial education project started over coffee and waffles, involved an award-winning documentary film Private Violence, and resulted in the training of more than 375 judges on best practices developed from two years of collaborative research conducted by a community action group. In 2014, I coauthored an article titled It's Critical: Legal Participatory Action Research with my colleague Emily Houh. In this piece, we introduced legal scholars to the field of PAR, including its origins, complementary relationship …

Florida's Direct File Statute: A Prosecutor's Playground, Kristen Chirino

St. Thomas Law Review

This Comment will examine the advantages and disadvantages of direct file statutes, focusing primarily on Florida. Part II of this Comment analyzes the three different types of waiver-judicial, legislative, and prosecutorial-and discusses Florida's juvenile transfer laws, specifically Florida's direct file statute. Part III discusses the issues stemming from Florida's direct file statute, particularly that the statute is arbitrary, does not deter crime, increases recidivism, and goes against the Supreme Court finding that juveniles are different from adults. Lastly, Part IV proposes to eliminate discretionary prosecutorial direct file, and how the Florida Legislature can limit prosecutors' discretionary power in the meantime.

Protecting Our Pets: Courtroom Advocate Or Special Prosecutor?, Tamara Winkler

St. Thomas Law Review

This Comment seeks to evaluate the current legal landscape surrounding animal cruelty laws, with a specific focus on Desmond's Law and O.R.C. § 2931.18. Connecticut's new law has placed a spotlight on an area of the law which has not been given the priority it so desperately needs. Animal cruelty is a type of interpersonal violence that does not occur in isolation, and placing more importance on animal cruelty laws can help prevent violence against humans. First, this Comment will provide a history of animal rights laws around the globe, followed by a detailed discussion of why animal abuse issues …

Five More Years For The Animals, David S. Favre

Animal Law Review

For Animal Law’s twenty-fifth anniversary edition, David S. Favre is back with an update on the state of animal law in the United States. This piece covers the new, the changeless, the good, and the bad of the animal legal landscape in the past five years, since Animal Law last asked Favre to write a review of animal law. An overview of new case law is discussed, as is a summary of newly passed state laws, mostly related to companion animals. Additionally, developments in the ever-expanding field of animal legal education are examined. This Article discusses changes in a variety …

Animal Law: The Next Generation, Joyce Tischler, Pamela Frasch

Animal Law Review

The animal law movement and animal law education in law schools has been growing over the years. In this Article, prominent figures in the animal law world discuss this growth as well as changes that are expected within the next generation of animal law practice. The authors suggest important goals necessary to strengthen the movement in order to allow law students to access the resources needed to be powerful animal advocates for years to come.

Central California's Juvenile/Dependency And Criminal Courts' Treatment Of Parent-Child Contact, Cheryl Oslinker Spano

Walden Dissertations and Doctoral Studies

Parties to a legal action of child abuse can be prosecuted criminally as well as charged with allegations within the jurisdiction of juvenile/dependency court. This can lead to seemingly conflicting goals regarding contact and visitation between the two parties (victim and defendant; child and parent). In essence, restraining orders or visitation orders from one court can contradict the case goals of another court. The purpose of this qualitative case study was to (a) determine if there is a pattern of inconsistent goals in cases of concurrent jurisdictional child-abuse cases, (b) evaluate the effect of conflicting court orders on each jurisdiction's …

A Blind Spot In Miranda Rights: Juveniles' Lack Of Understanding Regarding Miranda Language, Wadad Barakat

St. Thomas Law Review

This Comment addresses the negative implications of juveniles who waive their Miranda rights due to lack of knowledge, fear, and lack of cognitive capabilities." First, this Comment will provide insight regarding the Fifth Amendment, the history of Miranda, and key cases that lead to the reform of Miranda. Second, this Comment will discuss juveniles' perspective of the Miranda language along with the police's perspective. In particular, it will emphasize the complexity of the language as it stands today and how juveniles' cognitive abilities are insufficiently developed to understand it. Lastly, this Comment will propose guidelines to prevent minors from giving …

To Friend Or To Unfriend?: It's Time To Update The Status On What It Means To Be Facebook Friends, Carolina A. Del Campo

St. Thomas Law Review

This comment analyzes what a Facebook friendship encompasses in the legal profession and focuses on what courts, specifically Florida, recognize this relationship to mean. Part II provides an overview of the process for judicial disqualification and reviews the opinions released by the Florida Judicial Ethics Committee regarding judicial participation on social media." Part III discusses how traditional friendships have been considered in regards to judicial disqualification and compares what other states have understood a Facebook friendship to encompass versus what Florida has concluded. Lastly, Part IV proposes a new Judicial Ethics Opinion that reflects a more modernized understanding of the …

"Scientific Inference" Vs. "Legal Reasoning"? -Not So Fast!, Susan Haack

Articles

To understand why the interactions of science with the legal system can be so problematic, it's not enough to gesture vaguely towards a supposed contrast between scientific and legal "modes of thinking"; we need to look, instead, to the consequences of the different purposes of science and the law, the different constraints under which they pursue those purposes, and the different cultures of the two enterprises. From this perspective we can see why the law sometimes asks more of science than science can give, and sometimes gets less from science than science could give; and also why a simple dichotomy …

Harmless Constitutional Error: How A Minor Doctrine Meant To Improve Judicial Efficiency Is Eroding America's Founding Ideals, Ross C. Reggio

CMC Senior Theses

The United States Constitution had been in existence for almost two hundred years before the Supreme Court decided that some violations of constitutional rights may be too insignificant to warrant remedial action. Known as "harmless error," this statutory doctrine allows a court to affirm a conviction when a mere technicality or minor defect did not affect the defendant's substantial rights. The doctrine aims to promote judicial efficiency and judgment finality. The Court first applied harmless error to constitutional violations by shifting the statutory test away from the error's effect on substantial rights to its impact on the jury's verdict. Over …

Will Artificial Intelligence Eat The Law? The Rise Of Hybrid Social-Ordering Systems, Tim Wu

Faculty Scholarship

Software has partially or fully displaced many former human activities, such as catching speeders or flying airplanes, and proven itself able to surpass humans in certain contests, like Chess and Jeopardy. What are the prospects for the displacement of human courts as the centerpiece of legal decision-making? Based on the case study of hate speech control on major tech platforms, particularly on Twitter and Facebook, this Essay suggests displacement of human courts remains a distant prospect, but suggests that hybrid machine – human systems are the predictable future of legal adjudication, and that there lies some hope in that combination, …

Just Another School: The Need To Strengthen Legal Protections For Students Facing Disciplinary Transfers, Miranda Johnson

Faculty Publications & Other Works

Over the past decade, there has been increasing national, state, and local attention focused on the negative impacts of school expulsion and suspension. As a result of the well-documented and long-standing research showing the harm to students of exclusionary school discipline practices, states and school districts have begun reforming their policies and practices to limit the use of suspensions and expulsions. Many of these new reforms, however, have not included changes to provisions in state law and district policies allowing for students to be transferred from their neighborhood schools to alternative schools for disciplinary reasons. In this article, we argue …

Comparisons Of The Soul: A Foucauldian Analysis Of Reasonable Doubt, Jeri Mallory

Scripps Senior Theses

The purpose of this paper is to uncover a new level of thinking regarding the discourse and debate around the standard of reasonable doubt and how it is used in our court rooms. The current argument surrounding the reasonable doubt standard has become circular and reached an impasse. By introducing the lens of social control and using the writings of notable French philosopher Michel Foucault, this paper looks at the origins and development of the reasonable doubt standard and links it with the increasing methods of social control present in punishment as well as evaluating the cultural narrative around its …

Who Runs The World: The Impact Of The Gender Of Clerks On The Legal Profession, Taylor Bernstein

Honors Theses

This paper investigates the role of gender on law clerks from the federal appellate clerks. There has been significant scholarship on the importance of the gender of judges and on the role and influence of law clerks; however, to this date there has been no analysis of how the gender of law clerks may or may not influence the clerkship experience. This honors thesis seeks to address that question and shed light on important aspects of the federal judiciary and the legal profession. I have approached this inquiry through descriptive and qualitative analysis, focusing on law clerks from this millennium. …

The Toll Of American Exceptionalism On American Justice, Jay Sterling Silver

Intercultural Human Rights Law Review

Early in his presidency, Barak Obama observed that "the fact that I am very proud of my country and I think that we've got a whole lot to offer the world does not lessen my interest in recognizing the value and wonderful qualities of other countries, or recognizing that we're not always going to be right, or that other people may have good ideas." The American exceptionalism police were quick to charge him with heresy. Then Louisiana Governor Bobby Jindal lamented, for example, that "[t]his is a president who won't proudly proclaim American exceptionalism, maybe the first president ever who …

The Present Crisis In American Bail, Kellen R. Funk

Faculty Scholarship

More than fifty years after a predicted coming federal courts crisis in bail, district courts have begun granting major systemic injunctions against money bail systems. This Essay surveys the constitutional theories and circuit splits that are forming through these litigations. The major point of controversy is the level of federal court scrutiny triggered by allegedly unconstitutional bail regimes, an inquiry complicated by ambiguous Supreme Court precedents on (1) post-conviction fines, (2) preventive detention at the federal level, and (3) the adequacy of probable cause hearings. The Essay argues that the application of strict scrutiny makes the best sense of these …

Human Dignity: The Clandestine Factor In Prosecutorial Discretion, Tamara F. Lawson

Intercultural Human Rights Law Review

Justice and human dignity have an organic and symbiotic relationship. The American Bar Association's Functions and Duties of the Prosecutor Standard 3-1.2(a) outlines that "[t]he prosecutor is an administrator of justice . . . [and] should exercise sound discretion and independent judgement in the performance of the prosecution function." The ABA standards further prohibit improper bias2 and proscribe a duty to report and respond to prosecutorial misconduct.3 ABA Standard 3-1.2(b) states: "The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict." 4 Although rarely openly discussed, I ask now, is …

The Role Of Pressure Groups And Problem Definition In Crafting Legislative Solutions To The Opioid Crisis, Taleed El-Sabawi

Faculty Publications

Organized interest groups and federal administrative agencies have historically been influential in defining problem drug use during nationwide crisis. As such, the manner in which these pressure groups defined the problem may have influenced or, at least, provided support for legislators’ decisions to shy away from a criminal justice approach and towards acceptance of a more “health-oriented” — one that did not comprehensively address demand factors or demonstrate a commitment to reforming U.S. drug policy to meet international standards of best practice. In an effort to provide a snapshot of what such involvement may look like, this article explores the …

Carrots, Sticks And Problem Drug Use: The Law Enforcement Lobby's Contribution To The Policy Discourse On Drug Use & The Opioid Crisis, Taleed El-Sabawi

Faculty Publications

Despite the growing support for the idea that problem drug use should be treated like a chronic medical disease, some law enforcement interest groups, including trial court judges associations, prosecuting attorneys associations, and police associations (“law enforcement groups” or “criminal justice actors”), continue to argue for the use of the criminal justice system to address the nation’s drug crises. The justification for the use of the criminal justice system to oversee the psychological and medical treatment of persons with substance use disorders (SUDs) is based on the belief that persons with SUDs are deviants, who cannot refrain from engaging in …

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 23, Issue 1.

Possibilities Of Comparative Criminal Procedure In Reforming And Modernizing The Judicial And Legal System Of Uzbekistan, A.R. Akilov, S.D. Alimova

Review of law sciences

In this article, the author attempted to reveal the possibilities of a new direction of legal science, emerging not only in Uzbekistan, but also in the entire post-Soviet space – comparative criminal procedural law, which can be used at the present stage of reforms and changed in Uzbekistan in the field of justice. In particular, the comparative criminal procedure law can successfully, on the basis of the proven experience of the most developed democratic countries, solve many tasks identified in the field of justice recently adopted. Development strategy on five priority directions of the Republic of Uzbekistan for 2017–2021. These …

Beneath Brooklyn’S Darkened Skies, Court Continues Long Into The Night, Emilie Ruscoe

Capstones

Tens of thousands of people who pass annually through New York’s criminal justice system via night court in Brooklyn. In these eight hours, the administration of justice slows and the human foundation of this bureaucracy is on display as the court works into the night. http://www.emilieruscoe.com/night-court/

What Role Is Neuroscience Playing In New State Raise-The-Age Laws?, Dane N. Stallone

Capstones

Several states have cited neuroscientific evidence to help justify new raise-the-age laws that raise the age at which offenders can be tried as adults. Neuroscience shows that adolescent brains continue to mature well into their 20s. How much influence neuroscience should have in determining legal policy, however, remains contested among experts.

https://theartofscienceme.wordpress.com/2019/01/05/what-role-is-neuroscience-playing-in-new-state-raise-the-age-laws/

Plea Agreements As Constitutional Contracts, Colin Miller

Faculty Publications

In his dissenting opinion in Ricketts v. Adamson, Justice Brennan proposed the idea of plea agreements as constitutional contracts and lamented the fact that the Supreme Court had yet to set up rules of construction for resolving plea deal disputes. Since Adamson, courts have given lip service to Justice Brennan’s dissent and applied his reasoning in piecemeal fashion. No court or scholar, however, has attempted to define the extent to which a plea agreement is a constitutional contract or develop rules of construction to apply in plea deal disputes. This gap is concerning given that ninety-five percent of criminal cases …

Broadly Speaking - Fall 2018, Nova Southeastern University

Broadly Speaking

No abstract provided.