Digital Commons Network^™

The Visible Hand Of Lawyers: Attorneys’ Selection, White-Collar Fraud, And Criminal Sentences, Jesus R. Jimenez-Andrade

All Faculty Scholarship (Archived)

In the American white-collar fraud prosecution system, attorneys stand between fraudsters and criminal justice. Based on the theory of access literature, this manuscript explores whether attorneys’ selection moderates the relationship between severity of crime and criminal sentence. Collected data from 1,872 white-collar crimes between 2002 and 2020 prosecuted in San Antonio, Texas, test this hypothesis. Findings evidence that attorneys’ selection influences up to 10 percent of the criminal sentence (+,- 64 days). Socioeconomic control variables result in statistical significance, while demographics lack this condition. These findings suggest that fraudsters have incentives to maximize the defrauded amount to gain higher-quality legal …

Collateral Consequences And The Bars Outside Of Incarceration: An Assessment Of Massachusetts State Policies Surrounding Reentry, Nisa Rivera

Undergraduate Theses and Capstone Projects

How do Massachusetts policies impose collateral consequences for people with felony convictions and/or periods of incarceration? Previous research shows that having some form of a criminal record can make it harder to obtain housing, employment, and other sectors of life. Research was conducted to examine how Massachusetts policies restrict access to necessary resources that would otherwise allow returning citizens to become self-sufficient. Assessments were made regarding civic engagement, housing, higher education, employment, occupational licensing, and government assistance. The presence of a collateral consequence was based on whether a felony conviction was taken into consideration or served as a disqualifier, whether …

Pacing Beside The Pool: Coaching Champion Writers To A Strong Finish In Clinic (Without Jumping In And Finishing For Them), Hillary A. Wandler

Faculty Law Review Articles

No abstract provided.

A Year In Review: The Federal Circuit's 2023 Government Contract Law Decisions, Sophie Marsh, Taylor Mcdaniels, Allison Moors

American University Law Review

This Article continues previous in-depth reviews of government contract law cases decided by the Federal Circuit and published by the American University Law Review. In 2023, the Federal Circuit clarified the appropriate standard of review, emphasizing that, more likely than not, the Boards of Contract Appeals should apply a de novo standard of review. Additionally, the court set significant judicial precedent by holding that the issues of party standing, timely raising a solicitation defect, and asserting a sum certain are nonjurisdictional. Finally, the court also issued decisions concerning implied-in-fact contracts, excusable delays, and the importance of reporting unallowable costs.

Exploring The Differences In Military Attitudes Toward Rape Myths And Their Relationship To Demographic Factors, Essence Anderson

Theses and Dissertations

Military sexual assault crimes, including rape, attempted sexual assault, unwanted sexual contact, and sexual harassment, have continued to increase over the last few decades. The issue has become problematic enough for the Department of Defense to allocate a significant amount of money for sexual assault resources. Specifically, the Department of Defense gives millions of dollars each year for the prevention and training of sexual assault, yet the issue continues to persist. There is a lack of understanding of the posture of service members' attitudes toward sexual assault and if certain demographics differ in their attitudes toward rape myths. While sexual …

Professionalism In Artificial Intelligence: The Link Between Technology And Ethics, Anton Klarin, Hossein Ali Abadi, Rifat Sharmelly

Research outputs 2022 to 2026

Ethical conduct of artificial intelligence (AI) is undoubtedly becoming an ever more pressing issue considering the inevitable integration of these technologies into our lives. The literature so far discussed the responsibility domains of AI; this study asks the question of how to instil ethicality into AI technologies. Through a three-step review of the AI ethics literature, we find that (i) the literature is weak in identifying solutions in ensuring ethical conduct of AI, (ii) the role of professional conduct is underexplored, and (iii) based on the values extracted from studies about AI ethical breaches, we thus propose a conceptual framework …

Immigration Detention Abolition And The Violence Of Digital Cages, Sarah R. Sherman-Stokes

Faculty Scholarship

The United States has a long history of devastating immigration enforcement and surveillance. Today, in addition to more than 34,000 people held in immigration detention, Immigration and Customs Enforcement (“ICE”) surveils an astounding 296,000 people under its “Alternatives to Detention” program. The number of people subjected to this surveillance has grown dramatically in the last two decades, from just 1,339 in 2005. ICE’s rapidly expanding Alternatives to Detention program is marked by “digital cages,” consisting of GPS-outfitted ankle shackles and invasive phone and location tracking. Government officials and some immigrant advocates have categorized these digital cages as a humane “reform”; …

How Bad Is Bad Enough?: Gatekeeping A Tenant's Right To 100% Habitable Housing, Sean Ahern

Faculty Scholarship

Tenants seeking to defend against eviction and to correct substandard conditions in their homes are hamstrung. Even in jurisdictions with “progressive housing policies,” there are steep doctrinal hurdles placed in front of tenants who try to establish a breach of the warranty of habitability and to defend against eviction. Such obstacles are baked directly into the judicial system and the standards that the judiciary applies in practice. While there are many systemic barriers to tenants vindicating themselves of the right to a fully habitable home, the most perniciously overlooked offender is a “substantiality” standard which trial court judges use to …

Labor Law’S Impact On The Post-Dobbs Workplace, Jeffrey M. Hirsch

Faculty Publications

The Supreme Court’s Dobbs decision has left many workers, especially in states with restrictive abortion-related laws, in a precarious position. Labor laws and unions, however, provide one avenue for providing these workers with more protections. Unions can demand bargaining to protect or expand health care, leave, and other terms of employment that give workers with means to obtain abortion-related care. Unions can also provide members legal defense and other support if they face prosecutions. Additionally, both union and non-union workers who make up the vast majority of workers in states with restrictive laws may have labor law protection for discussing …

Understanding Our Digital Fingerprints: Metadata, Competency, And The Future Practice Of Law, Stacey Lane Rowland

Faculty Publications

Metadata, often referred to as “data about data,” plays a crucial role in the digital world. It encompasses embedded information within electronic documents that reveals details about their creation, modification, and transmission. In legal proceedings, metadata can be both helpful and controversial, as it can expose sensitive information and potentially support or refute claims of fabricated evidence. With the widespread use of smartphones and other electronic devices, individuals generate vast amounts of personal data, including metadata, that can provide detailed insights into their lives.

This Article explores the significance of metadata in various contexts, such as digital photographs, and highlights …

Access To Ai Justice: A Global Response To A Global Crisis, Drew Simshaw

Scholarly Works

No abstract provided.

Housing Choice, Transportation Equity, And Access To Opportunities In Refugee And Immigrant Communities, Diane Mitschke, Anne Nordberg, Stephen Mattingly, Katherine Kitchens

TREC Final Reports

Mobility directly impacts access to opportunities for all protected classes; however, transportation planning and public transit agencies and housing authorities rarely coordinate affordable housing and the transportation system planning decisions. This lack of coordination often leads to mismatches between access to opportunities and affordable housing. Safe access to employment, quality schools, and healthcare represent a few of the many factors that may influence housing choice. For most households with budget constraints, all of these factors may not be achievable. While existing research documents the mismatch between affordable housing and access to opportunities, the role that mobility plays in residential selection …

Fight, Flight, Freeze: How Access To Support Shapes Tenant Responses To Eviction In Multnomah County, Natalie J. Cholula, Lisa K. Bates, Alex Farrington, Marisa Zapata, Colleen Carroll, Jacen Greene, Hadley Bates

Urban Studies and Planning Faculty Publications and Presentations

Facing eviction is a traumatic event that forces tenants into a fight, flight or freeze response. Our focus groups with Multnomah County tenants reveal that their responses to eviction are directly shaped by their access to support. Many tenants are unable to access formal support and therefore respond to eviction by freezing up or fleeing their home. Conversely, tenants who can access formal support—including rental assistance or legal assistance—exhibit a fight response, leveraging external support to challenge or avoid their eviction.

Credit Risk Modeling Using Interpreted Xgboost, Marcin Hernes, Jędrzej Adaszyński, Piotr Tutak

European Management Studies

Purpose: The aim of the paper is to develop a credit risk assessment model usingb the XGBoost classifier supported by interpretation issues. Design/methodology/approach: The risk modeling is based on Extreme Gradient Boosting (XGBoost) in the research. It is a method used for regression and classification problems. It is based on a sequence of decision trees using a gradient-based optimization method of the loss function to minimize the errors of weak estimators. We use also methods for performing local and global interpretability: ceteris paribus charts, SHAP and feature importance approach. Findings: Based on the research results, it can be concluded that …

Family Time: A Selection Of Bills From The Virginia 2023 Legislative Session Relating To Family, Intimate Partner Violence, And Child Welfare, Valerie L'Herrou

Richmond Public Interest Law Review

In 2023, the Commonwealth of Virginia was forced to operate without a

finalized state budget following the adjournment of the regular session of its

legislative body. The Commonwealth waited (luckily without bated breath)

for its “caboose” budget for the 2023–2024 budget cycle for nearly six

months after the General Assembly adjourned sine die, which it did on its

normal date for a “short” (odd-numbered) year on February 25, 2023.

However, most other actions taken by the Virginia General Assembly during

its 2023 session did go into effect on July 1, 2023, as usual. These include a

number of bills that …

55 Perry Place Llc V. Wolfgang Ban

All Decisions

The case involves a nonpayment proceeding initiated by the landlord against the tenant. The tenant, represented by Manhattan Legal Services (MLS) under the Universal Access to Counsel (UAC) program, moved to amend the answer and conduct discovery regarding defenses and a counterclaim of unlawful deregulation fraudulent overcharge. The landlord sought to disqualify MLS, alleging the tenant's ineligibility for free legal services due to income levels. However, the court found the landlord lacked standing to challenge MLS's qualification, as no implied right of action was demonstrated. This decision underscores the legislative intent behind the UAC program and the limitations on landlord …

Large Language Models: Ai's Legal Revolution, Adam Allen Bent

Pace Law Review

This article contemplates and advocates for the use of Artificial Intelligence (“AI”) through Large Language Models (“LLM”) in legal practice. The author ultimately addresses the need to orient LMMs within varying legal contexts including academia, private practice, as well as the U.S. court system. Additionally, the author emphasizes the inevitability of AI and LLM systems infiltrating legal practice, and the reality that the industry must acknowledge and accept these systems to regulate and to provide better while still ethical legal services. Large Language Models: AI’s Legal Revolution, begins by walking the reader through the history of technological innovation of AI, …

Do Judges Understand Technology? How Attorneys And Advocates View Judicial Responsibility In Cyberstalking And Cyberharassment Cases, Kateryna Kaplun

International Journal on Responsibility

As new technologies emerge and are increasingly used to commit interpersonal cybercrimes like cyberstalking and cyberharassment, the legal system lags in assisting victims in obtaining justice in these types of experiences. This qualitative research study explores how attorney and advocate interviewees from Illinois, New Jersey, and New York view judges’ responsibility to the law in cyberstalking and cyberharassment cases. This study finds three themes: judges’ lack of understanding of technology and its harms, discretion, and law on the books versus law in action as important factors and frameworks that contribute to why judges do not consider the importance of technology …

Law School News: For 30 Years: A Justice-Centered Mission 12-19-2023, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

Microeconomic Social And Resource Barriers To Music Education Expansion In Impoverished South Carolina Areas, Anna Susanne Holley

Doctoral Dissertations and Projects

Despite much information in outreach in impoverished areas, research has yet to fully show the barriers to music education expansion in poverty-level South Carolina. This qualitative study is conducted using previous data for correlation through research analysis of social attitudes and resource-based barriers to participation rates and expansion of music education throughout South Carolina. Research discovered that impoverished students are much less likely to participate in music education and less than 25% of United States seniors, whether public or privately educated, are actively participating in music education programs. Lastly, statistics shows less than half of students with access to music …

The Retirement Of Chief Justice Frank F. Drowota, Iii: A Tribute To A Legal Legend And All Around Nice Guy, Lisa Rippy, Marshall Davidson

Tennessee Journal of Law and Policy

No abstract provided.

Sports Medicine Research And Testing Laboratory, Petitioner V. Board Of Equalization Of Salt Lake County, State Of Utah, And Utah State Tax Commission, Respondents., Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Brief of Appellee Review of final agency action of the Utah State Tax Commission, Appeal No. 20-1618 before Judge Jane Phan

Bruce Olson (2468) RAY QUINNEY & NEBEKER P.C. Attorneys for Sports Medicine Research and Testing Laboratory

SIM GILL (6389) District Attorney for Salt Lake County Timothy A. Bodily (6496) Bradley C. Johnson (10638) Deputy District Attorneys Attorneys for Salt Lake County Board of Equalization

Seeking Higher Ground: Developing A Tribal Model Code For Disaster And Emergency Management In A Complex Jurisdictional Environment, Brian Candelaria

American Indian Law Journal

“The teepee is much better to live in;

always clean, warm in winter, cool in summer; easy to move. The white man builds his big house, cost much money, like big cage, shut out sun, can never move; always sick. Indians and animals know better how to live than white man; nobody can be in good health if does not have all the time fresh air, sunshine, and good water.”

- Chief Flying Hawk[1]

In 2019, I opened my submission for the Sovereignty Symposium’s Doolin Award with the statement above. The entry was accepted and reprinted in the American …

Public Interest Burnout: Seven Factors That Increase The Risk, Sandra Simkins

DePaul Journal for Social Justice

No abstract provided.

The Minutes Of The Marshall University Staff Council Meeting, December 2023, Marshall University Staff Council

Staff Council Minutes

No abstract provided.

Mendez V Hidalgo

All Decisions

No abstract provided.

Rolando Hernandez-Martinez V. Attorney General United States Of America

2023 Decisions

Agency

Addressing Chronic Violence From A Gendered Perspective: Fostering People-Centered Approaches At The National Level (Case Study: Jamaica), Elena B. Stavrevska, Nattecia Nerene Bohardsingh, María Dolores Hernández Montoya, Tania Cecilia Martínez, Briana Mawby, Aliza Carns

Kroc IPJ Research and Resources

Violence has traditionally been viewed through the lens of armed conflict or specific, concrete violent incidents. However, it is necessary to understand that violence may be a chronic phenomenon— a persistent, deeply ingrained aggression affecting daily lives.

The report makes the case for reconceptualizing violence in the Women, Peace and Security (WPS) and gender equality fields, building upon feminist conceptions of the continuum of violence to recognize that societal structures, systemic discrimination and even pervasive cultural norms can be sources of violence. This comprehensive view has significant implications for policy, demanding multisectoral strategies that address not just symptoms but the …

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Good Newsletter December 12, 2023, Seattle University School Of Law Dean

GOOD NEWSletter

No abstract provided.