Digital Commons Network^™

Refugee Roulette: A Comparative Analysis Of Gender-Related Persecution In Asylum Law, Joanna J. Kallinosis

DePaul Journal of Women, Gender and the Law

From the moment Rodi Alvarado Pena married a Guatemalan army officer at the age of 16, she was subjected to intensive abuse, and all her efforts to get help where unsuccessful. Her husband raped and sodimized her repeatedly, attempted to abort their child by violently kicking her in the spine, dislocated her jaw, attempted to cut her hands off with a machete, kicked her in her genitals and used her head to break windows. He terrified her by bragging about his power to kill innocent civilians with impunity and all of Rodi’s pleas for help from the Guatemalan government were …

Prospective Student Information Booklet (2016-17), Florida State Univeristy College Of Law

Prospective Student Information Booklets

Booklet containing curriculum and course information for future law students.

Black And Poor: The Grave Consequences Of Utah V. Strieff, Chanae L. Wood

St. Thomas Law Review

This Comment brings reconciliation between the majority and minority opinions in Strieff by proposing a solution that will uphold Fourth Amendment rights and public safety. Part II explores the Fourth Amendment by tracing the origins of the exclusionary rule, and then discusses the Court's first step in undermining constitutional rights in Terry v. Ohio. Part III discusses the Court's trend of weakening Fourth Amendment rights and provides an in-depth analysis of the impact its most recent Fourth Amendment ruling, Strieff will have on Blacks and lower socioeconomic citizens. Part IV provides a comprehensive solution, suggesting a warrant hierarchy system that …

A Right Without A Remedy: Time Runs Out Before The Right To File Accrues For Successive Habeas Corpus Petitioners, Agnieszka Chiapperini

St. Thomas Law Review

"An inscription on the walls of the Department of Justice states the proposition candidly for the federal domain: 'The United States wins its point whenever justice is done its citizens in the courts."" The importance that finality of convictions has on our society comes only second to ensuring that those who were convicted and sentenced were treated fairly. The availability of post-conviction relief to prisoners is a vital function of our criminal justice system, not as a means of "loopholes" criminals can use to be set free, but to ensure that all of our citizens are treated justly and within …

A Critique Of The Uniquely Adversarial Nature Of The U.S. Legal, Economic And Political System And Its Implications For Reinforcing Existing Power Hierarchies, James D. Wilets, Areto A. Imoukhuede

Faculty Scholarship

No abstract provided.

Autonomy And Accountability: Why Informed Consent, Consumer Protection, And Defunding May Beat Conversion Therapy Bans, Melissa Ballengee Alexander

Faculty Articles

No abstract provided.

Using Global Migration Law To Prevent Human Trafficking, Janie Chuang

Scholarly Articles in Law Reviews & Journals

Our understanding of human trafficking has changed significantly since 2000, when the international community adopted the first modern antitrafficking treaty-the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol).' Policy attention has expanded beyond a near-exclusive focus on sex trafficking to bring long-overdue attention to nonsexual labor trafficking. That attention has helped surface how the lack of international laws and institutions pertaining to labor migration can enable-if not encourage -the exploitation of migrant workers. Many migrant workers throughout the world labor under conditions that do not qualify as trafficking yet suffer significant rights …

How The Immigration And Deportation Systems Work: A Social Workers Guide, Carol Cleaveland

The Journal of Sociology & Social Welfare

Not only is the question of immigration controversial, it is complex -- laden with legal nuances as well as implications for human and civil rights. This article provides an overview of what happens to an immigrant who seeks to enter the country ‘legally,’ as well as the challenges for an immigrant who enters the country without authorization. Social workers who serve immigrants may find themselves called on to advocate for clients as they traverse a labyrinth court system. I introduce this system to help practitioners and students understand the paths to legal immigration in the United States, as well as …

The Strange Life Of Stanley V. Illinois: A Case Study In Parent Representation And Law Reform, Josh Gupta-Kagan

Faculty Publications

This Article helps describe the growth of parent representation through an analysis of Stanley v. Illinois—the foundational Supreme Court case that established parental fitness as the constitutional lynchpin of any child protection case. The Article begins with Stanley’s trial court litigation, which illustrates the importance of vigorous parental representation and an effort by the court to prevent Stanley from obtaining an attorney. It proceeds to analyze how family courts applied it (or not) in the years following the Supreme Court’s decision and what factors have led to a recent resurgence of Stanley’s fitness focus.

Despite Stanley’s requirement that states prove …

The School To Prison Pipeline's Legal Architecture: Lessons From The Spring Valley Incident And Its Aftermath, Josh Gupta-Kagan

Faculty Publications

This Article examines the 2015 Spring Valley High School incident – the high-profile arrest of a Columbia, South Carolina high school student for “disturbing schools” in which a school resource officer threw her out of her desk – to identify and illustrate the core elements of the school-to-prison pipeline’s legal architecture, and to evaluate legal reforms in response to growing concern over the pipeline.

The Spring Valley incident illustrates, first, how broad criminal laws transform school discipline incidents into law enforcement matters. Second, it illustrates how legal instruments that should limit the role of police officers assigned to schools (school …

Challenging The Status Quo: An Integrated Approach To Dismantling The School-To-Prison Pipeline, Nancy G. Abudu, Ron E. Miles

St. Thomas Law Review

When it comes to challenging school disciplinary policies that have an especially disparate and negative impact on students of color and students with disabilities, courts cannot be the sole or final arbiter for addressing this serious problem. Rather than acting as a discouraging force, courts routinely uphold these disruptive school disciplinary policies and end up being a major conduit in the "School-to-Prison Pipeline" (STPP). The STPP refers to the phenomenon of over-disciplining minors, which in turn results in their suspension, expulsion, and in some cases, incarceration. With limited exceptions, the cases that parents have brought on behalf of their children …

Civility And Professionalism In The Law: The Road To Justice Symposium Issue

St. Thomas Law Review

No abstract provided.

State Adoptions Of Racial Profiling Laws : Exploring Functional, Social, And Political Determinants, Dean William Weld

Legacy Theses & Dissertations (2009 - 2024)

In recent decades, racial profiling has been one of the most controversial issues in American policing. Estimates using national survey data reveal that approximately 32 million Americans report being victims of racial profiling. Federal legislation to prohibit racial profiling has been repeatedly introduced in Congress, but has not yet been enacted. In the absence of federal law to prohibit profiling, many states have adopted laws to address concerns about racial profiling within their borders. These laws encompass a variety of approaches to the problem, including prohibiting profiling, collecting data on the race and ethnicity of stopped drivers, and establishing procedures …

Tsai Today (2017), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation

Tsai Today

No abstract provided.

Responsible Resource Development And Prevention Of Sex Trafficking: Safeguarding Native Women And Children On The Fort Berthold Reservation, Kathleen Finn, Erica Gajda, Thomas Perin, Carla Fredericks

Publications

In 2010, large deposits of oil and natural gas were found in the Bakken shale formation, much of which is encompassed by the Fort Berthold Indian reservation, home to the Mandan, Hidatsa, and Arikara Nation (“MHA Nation” or “Three Affiliated Tribes” or “the Tribe”). However, rapid oil and gas development has brought an unprecedented rise of violent crime on and near the Fort Berthold reservation. Specifically, the influx of well-paid male oil and gas workers, living in temporary housing often referred to as “man camps,” has coincided with a disturbing increase in sex trafficking of Native women. The social risks …

Florida's Stand Your Grand Law: How To Get Away With Murder, Evelyn Reyes

Intercultural Human Rights Law Review

On the afternoon of February 26, 2012, George Zimmerman (Zimmerman) drove through his neighborhood when he spotted a "suspicious black male" and decided to inform the authorities. Seventeen-year-old Trayvon Martin (Martin) was walking home after purchasing a bag of Skittles at a nearby 7-Eleven. Instructed by a police dispatcher, Zimmerman was to stay in his vehicle and avoid Martin. Zimmerman ignored the dispatcher's instructions and decided to approach Martin. Zimmerman consequently entered into an altercation with Martin, who was unarmed. Moments later, Zimmerman shot Martin, and claimed self-defense. A claim of self-defense under a Stand Your Ground theory enables an …

Crime Shouldn't Pay: How California Should Expand And Restructure Its Human Trafficking Asset Forfeiture Laws, Benjamin T. Greer

Intercultural Human Rights Law Review

Section I of this article will provide updated statistical data on human trafficking in California, demonstrating increased consciousness, heightened awareness and the ongoing search for effective tools. Sections II and III will highlight the important psychological and practical economic impact asset forfeiture laws have on crime. These sections will also provide a comprehensive review how forfeiture is currently implemented in the fight against human trafficking. Sections IV and V will argue why human trafficking crimes must be subjected to California's civil asset forfeiture laws: how civil forfeiture reduces both the supply-side and demand-side of trafficked victims. It will also provide …

Who Should Own Police Body Camera Videos?, Laurent Sacharoff, Sarah Lustbader

Hofstra Law Faculty Scholarship

Numerous cities, states, and localities have adopted police body camera programs to enhance police accountability in the wake of repeated instances of police misconduct, as well as recent reports of more deepseated police problems. These body camera programs hold great promise to achieve accountability, often backed by millions of dollars in federal grants.

But so far, this promise of accountability has gone largely unrealized, in part because police departments exercise near-total control over body camera programs and the videos themselves. In fact, the police view these programs chiefly as a tool of ordinary law enforcement rather than accountability-as helpful for …

Artificial Intelligence Policy: A Primer And Roadmap, Ryan Calo

Articles

Talk of artificial intelligence is everywhere. People marvel at the capacity of machines to translate any language and master any game. Others condemn the use of secret algorithms to sentence criminal defendants or recoil at the prospect of machines gunning for blue, pink, and white-collar jobs. Some worry aloud that artificial intelligence will be humankind’s “final invention.” This essay, prepared in connection with UC Davis Law Review's 50th anniversary symposium, explains why AI is suddenly on everyone's mind and provides a roadmap to the major policy questions AI raises. The essay is designed to help policymakers, investors, technologists, scholars, and …

Interpersonal Apologies: A Psychological Perspective Of Why They Might Work In Law?, Alfred Allan, James Strickland, Maria M. Allan

Research outputs 2014 to 2021

Apologies have become an accepted feature in many fields of law and there is evidence that they make a constructive contribution to the resolution of disputes. The reason for this might be that they address the intangible needs of parties after adverse events that law otherwise find difficult to address. Legal reformers introduced apologies into law primarily on the basis of deductive reasoning without being able to refer to a comprehensive psychological theory that explains the apology process; in part because apology was only identified as a psychological construct worthy of empirical research during the last quarter of the 20th …

The Acceptance Of Apologies In The Corrective Process: Implications For Research And Practice, James Strickland, Alfred Allan, Maria M. Allan

Research outputs 2014 to 2021

Apology scholars and researchers in psychology, law, and justice commonly conceptualise the corrective process that follows wrongful behaviour as an apology-followed-by-forgiveness sequence. In this paper, however, we suggest on the basis of our analysis of the research literature that a more suitable conceptualisation of the corrective process is one that includes the acceptance of an apology as an additional discrete step that is distinct from forgiveness. We begin with a brief discussion of the psychological view of apologies as a process of negotiation between offending and offended parties, and how psychologists conceive peoples’ responses to apologies. We also review the …

Testing The Assumptions Of The Provocation Doctrine, Carlton J. Patrick

Open Access Theses

The provocation doctrine, which mitigates the punishment for killings made “in the heat of passion,” is a longstanding and often criticized area of United States law. At the crux of these criticisms is the doctrine’s imprecision: courts and lawmakers continue to struggle to both delineate specific standards for its application and to offer a satisfying rationale for its continued existence. Here, we use an evolutionary-computational model of anger and intimate partner violence to inform these problems. Using the archetypal case of provocation—a male discovering his partner’s infidelity—we surveyed 1,939 males to address and test two of the doctrine’s core assumptions: …

Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively

Master of Public Administration Practicums

In the wake of protests against law enforcement for an array of reasons, law enforcement officers and agencies have a responsibility to recognize and utilize the available mediums of communication with which they may best develop a connection to the communities they serve. Furthermore, law enforcement agencies must be informed that established, traditional methods of news dissemination – such as press conferences and printed articles – are now both ineffective and under-utilized, replaced in large part by social media live-time reports. For that reason, law enforcement agency executives must address both the responsibility to provide appropriately timed updates to critical …

Persona Non Grata: The Marginalization Of Legal Scholarship In Criminology And Criminal Justice Journals, Brenda I. Rowe, Wesley S. Mccann, Craig Hemmens

Criminology and Criminal Justice Faculty Publications (Archived)

Recently, concern has been voiced within the academy regarding the marginalization of legal scholarship within the criminology and criminal justice (CCJ) discipline. Although conventional wisdom and anecdotal evidence indicate that it is difficult to get legal scholarship published in CCJ journals, there is a dearth of empirical evidence on the representation of legal scholarship in CCJ journals. The present study assesses the representation of legal scholarship in 20 CCJ journals from 2005 through 2015, examining both trends over time and variation across journals. Findings indicate legal scholarship comprises a very small portion of articles published, there has been a steep …

Perspectives - Susanna Fodor Of Scarola Malone Zubatov, James Hagy, Alicia Langone

Rooftops Project

In a recent visit with the Rooftops Project's Alicia Langone and Professor James Hagy, construction lawyer Susanna Fodor offers views on the tenant improvement process when a not-for-profit organization selects space to lease and on routine repair and renovation projects for properties a not-for-profit may own.

Shepard Broad College Of Law Commencement Ceremony, Nova Southeastern University

NSU Commencement Programs

No abstract provided.

Learning From Trayvon: Lessons And Implications For Police Organizations And Leaders, Megan Lepere-Schloop, Joseph H. Lumpkin Chief Of Police

Journal of Public Management & Social Policy

Critical incidents like the Martin-Zimmerman encounter prompt us to examine not only the specifics of a particular episode, but also broader questions that hopefully illuminate a path leading to meaningful change. This reflective piece draws on the professional experiences of a highly effective and respected African-American Police Chief to examine some of these broader questions. Chief Joseph H. Lumpkin is a 43-year law enforcement veteran who was recently appointed Chief of the Savannah-Chatham Metropolitan Police Department in Georgia. Before moving to Savannah he served as Chief of the Athens-Clarke County Police Department, an agency that solves violent crimes at a …

School Of Law Commencement: May 7, 2016, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 7, 2016.

New Irish Research In Criminology, Law, Childhood, Family And The Community, Matt Bowden, Carmel Gallagher, Ann Marie Halpenny, Mairéad Seymour

Other resources

No abstract provided.

New Irish Research In Criminology, Law, Childhood, Family And The Community, Matt Bowden, Carmel Gallagher, Ann Marie Halpenny, Mairéad Seymour

DIT Publications

No abstract provided.