Digital Commons Network^™

Building Resilience By Removing Barriers: Addressing Structural Impediments To Advocacy By Nonprofit Organizations On Behalf Of The Unenfranchised, Kirsten Widner, Heather Kolinsky

UF Law Faculty Publications

Charitable contributions, particularly from private foundations, are an essential source of support for many nonprofit charitable organizations. However, the ability to accept these contributions comes with significant restrictions on lobbying and advocacy. Using vulnerability theory and an original survey of nonprofit advocacy organizations, we show that current restrictions on 501(c)(3) organizations disproportionally limit advocacy on behalf of the most politically disadvantaged groups—those without the right to vote. This, in turn, reinforces existing inequalities in whose voices are heard and whose interests are considered by policymakers. This Article argues that reforming the laws that structure what organizations can take tax-deductible charitable …

Reimagining First Amendment Remedies, Ronald J. Krotoszynski Jr., Caprice L. Roberts

Articles

Since the Warren Court's landmark First Amendment decisions of the I 9 6os, the Supreme Court has aggressively deployed the Free Speech Clause to provide broad substantive protections for expressive freedoms. These rules, in theory, should effectively safeguard the marketplace of political ideas and facilitate both speaker and audience autonomy. No matter haw broadly fashioned, however, a constitutional rule is only as strong as the remedies available to enforce it–and far too often, First Amendment remedies are either woefully weak or effectively nonexistent. When a would-be First Amendment plaintiff cannot obtain a meaningful remedy for a proven constitutional violation, the …

Fourteen Going On Forty: Challenging Sex Offender Registration For Juveniles Under The Fourteenth Amendment Equal Protection Clause, Emily Baker

William & Mary Bill of Rights Journal

Part I of this Note reviews the historical background leading to the development of sex offender registration laws and examines relevant Supreme Court precedent. Part II analyzes the principles of juvenile justice, the application of juvenile sex offender registration policies, and the collateral consequences of youth sex offender registration. Part III argues that registered juvenile offenders should be considered a quasi-suspect class and thus receive intermediate scrutiny in equal protection analysis, and challenges the constitutionality of juvenile sex offender registries, particularly the South Carolina statutory scheme. Part IV examines the turning legal tide against juvenile registration through the recent Model …

Pick Your Poison: Opioids Following The Trends Set By Alcohol And Tobacco Litigation, Luckshume Ketheeswaran

Mercer Law Review

Parents, children, and siblings of opioid abusers argued that three large-scale, drug distributors improperly supplied opioids to pharmacies, leading to “abuse of the drugs and the fallout that abuse brought with it.”3 Further, they argued that profit-driven distributors willingly and recklessly “flooded” the city of Brunswick and Glynn County with opioids. Even so, the jury found against the plaintiffs; though potentially sympathetic to the lives ruined by opioids, the jury remained unconvinced that all liability fell on the distributors.

On March 1, 2023, the jury found for the three, large‑scale drug distributors, finding the defendants neither liable under Georgia’s Drug …

Legislating Courts, Michael Pollack

UMKC Law Review

Judges are ordinarily thought of as deciders of a specific sort: people who apply the rule of law to resolve disagreements between the parties appearing before them. But in every state, judges do far more. They are charged by state statutory or constitutional law with a range of quasi-administrative, quasi-legislative, and quasi-executive law enforcement functions. These roles raise a number of theoretical and practical concerns. In many states, though, legislatures have gone even further. They have either wholly delegated significant policymaking power to state court judges or have sat idle while those judges have assumed the mantle of functions that …

Adolescents In The Justice System: A Progress Report On The Restatement Of Children And The Law, Richard J. Bonnie

University of Chicago Law Review

Professor Elizabeth Scott, the chief reporter of the American Law Institute’s (ALI) Restatement of Children and the Law,¹ has often observed that the nation’s widespread commitment to juvenile justice reform in the twenty-first century should be grounded in two premises: (1) the laws and practices of the juvenile justice system must be grounded in and guided by evolving knowledge about adolescent development; and (2) youth-serving institutions, including the justice system, must collaborate to erase substantial racial disparities in intervention, discipline, and punishment.² This Symposium will explore the current draft of the Restatement of Children and the Law with …

Comment On Part 4 Essays: Goodwin And Dailey And Rosenbury, Elizabeth S. Scott

University of Chicago Law Review

Professors Michelle Goodwin and Anne Dailey and President Laura Rosenbury have written two compelling essays on Part 4 of the Restatement of Children and the Law,¹ dealing with Children in Society. Goodwin’s essay, She’s So Exceptional: Rape and Incest Exceptions Post-Dobbs,² focuses on § 19.02 of the Restatement, dealing with the right of minors to reproductive health treatments. This Section was approved by the American Law Institute before the Supreme Court decided Dobbs v. Jackson Women’s Health Organization,³ overturning Roe v. Wade.⁴ In her essay, Goodwin explores the harms that will follow if minors’ right of …

America's Duty To Protect Post-Trump V. Hawaii: A Call For Updated Federal Legislation To Save Animus Doctrine And Prevent Executive Discrimination In Immigration Decisions, Nicholas Fiorino

Journal of International Business and Law

No abstract provided.

Threading A Decolonial Feminist Response To Covid-19: One Community Psychologist's Reflection On The Assemblages Of Violence, Jesica S. Fernandez

Ethnic Studies

To challenge and interrogate the assemblages of violence produced by racial capitalism, and exacerbated by the COVID-19 pandemic, community psychologists must engage in a transdisciplinary critical ethically reflexive practice. In this reflexive essay, or first-person account, I offer a decolonial feminist response to COVID-19 that draws strength from the writings of three women of Color decolonial and postcolonial feminist thinkers: Gloria E. Anzaldúa, Sylvia Wynter, and Arundhati Roy. Through their writings I share my reflections on the sociopolitical moment associated with COVID-19. Of importance, I argue in support of engaging a decolonial feminist standpoint to understand the inequitable and dehumanizing …

“Twitter Jail” For The Jailer: The Precarious First Amendment Rights Of Police Officers To Share Workplace Concerns On Social Media, Frank D. Lomonte, Jessica Terkovich

Nevada Law Journal

No abstract provided.

It's The Final Countdown: How A Legislative Solution Might Rectify The Staffing Shortages & Horrors Of Rikers Island, Rochelle Podolsky

Hofstra Labor & Employment Law Journal

No abstract provided.

Legal Framework For The Use Of Artificial Intelligence (Ai) Technology In The Canadian Criminal Justice System, Gideon Christian

Canadian Journal of Law and Technology

This article seeks to identify and examine critical issues arising from the deployment and use of AI recidivism risk assessment tools in the Canadian criminal justice system. It commences with the historical evolution of these tools in the criminal justice system, tracing their development from the first generation to the emergence of AI-driven risk assessments. By examining the progression of risk assessment tools from their origins to the current AI-powered systems this research aims to provide a comprehensive understanding of the challenges and opportunities that these tools present. The article then delves into crucial issues such as algorithmic bias, highlighting …

Community Responsive Public Defense, Alexis Hoag-Fordjour

Fordham Law Review

This colloquium asks us to consider how social change is influencing the legal profession and the legal profession’s response. This Essay applies these questions to organizing around criminal injustice and the response from public defenders. This Essay surfaces the work of four innovative indigent defense organizations that are engaged with and duty-bound to the communities they represent. I call this “community responsive public defense,” which is a distinct model of indigent defense whereby public defenders look to their clients and their clients’ communities to help shape advocacy, strategy, and representation.

Methodologically, this Essay relies primarily on qualitative interviews with leaders …

Designing Sanctuary, Rick Su

Michigan Law Review

In recent decades, a growing number of cities in the United States have adopted “sanctuary policies” that limit local participation in federal immigration enforcement. Existing scholarship has focused on their legality and effect, especially with respect to our nation’s immigration laws. Largely overlooked, however, is the local process through which sanctuary policies are designed and the reasons why cities choose to adopt them through city ordinances, mayoral orders, or employee handbooks. This Article argues that municipal sanctuary policies are far from uniform, and their variation reflects the different local interests and institutional actors behind their adoption and implementation. More specifically, …

What Can State Medical Boards Do To Effectively Address Serious Ethical Violations?, Tristan Mcintosh, Elizabeth Pendo, Heidi A. Walsh, Kari A. Baldwin, Patricia King, Emily E. Anderson, Catherine V. Caldicott, Jeffrey D. Carter, Sandra H. Johnson, Katherine Matthews, William A. Norcross, Dana C. Shaffer, James M. Dubois

Articles

State Medical Boards (SMBs) can take severe disciplinary actions (e.g., license revocation or suspension) against physicians who commit egregious wrongdoing in order to protect the public. However, there is noteworthy variability in the extent to which SMBs impose severe disciplinary action. In this manuscript, we present and synthesize a subset of 11 recommendations based on findings from our team’s larger consensus-building project that identified a list of 56 policies and legal provisions SMBs can use to better protect patients from egregious wrongdoing by physicians.

Restating The Law In A Child Wellbeing Framework, Elizabeth S. Scott

Faculty Scholarship

The Restatement of Children and the Law is scheduled for formal adoption by the American Law Institute in 2024. When this project was first proposed, it was met with some skepticism, on the view that the regulation of children was not a coherent field of law. But after eight years of work on this Restatement, the Reporters have produced a comprehensive account of the law’s treatment of children and clarified that it is, indeed, an integrated and coherent area of law. Our work has uncovered a deep structure and logic that shapes the legal regulation of children in the family, …

Artificial Intelligence And/Or Machine Learning (Ai &| Ml), George K. Thiruvathukal

Computer Science: Faculty Publications and Other Works

These slides are from an invited panel presentation at my home institution, Loyola University Chicago, organized by the Loyola University Chicago Retiree Association (LUCRA). I was asked to give a broad historical overview of AI and ML and speak about its societal impacts.

"The Loyola University Chicago Retiree Association embraces the Vision of Loyola University Chicago and will assist students, faculty, and administrators as they strive to serve humanity. The group values freedom of inquiry, the pursuit of truth, and care of others and embraces a commitment to excellence, service that promotes social justice, values based leadership, and global awareness."

Assessing Progress In Reducing Racial Disparities In New York City Law Enforcement, 2013-2022, Stephen Koppel, Michael Rempel

Publications and Research

As part of New York City's Police Reform and Reinvention Collaborative Plan, this study assesses overall trends and racial disparities from 2013 to 2022 in four law enforcement practices: (1) pedestrian stops, (2) desk appearance tickets, (3) arrests, and (4) prosecutions by district attorneys.

Color Contrast: Racial And Ethnic Disparities In New York City Law Enforcement, Gina Moreno, Richard A. Espinobarros, Sheyla A. Delgado, Jeffrey A. Butts

Publications and Research

Researchers at the John Jay College Research and Evaluation Center examined racial and ethnic disparities in arrest rates across New York City neighborhoods, focusing on assault and larceny offenses. Using 911 call data and demographic controls, the study grouped neighborhoods by proportions of Black and Hispanic residents and analyzed arrest patterns. While arrests of Black and Hispanic individuals were more common in neighborhoods with higher populations of these groups, the arrest-to-resident ratios revealed disproportionate impacts, especially for larceny. The findings highlight the importance of monitoring disparities to promote equitable justice practices.

Which Police Departments Make Black Lives Matter?, Robert Maranto, Wilfred Reilly, Patrick J. Wolf

Education Reform Faculty and Graduate Students Publications

Black Lives Matter (BLM) has gained support across racial lines and considerable financial backing. Yet it is unclear whether social science has responded with research likely to save Black lives. To encourage more applied research and related public discussion, we rank police departments in the 50 largest U.S. cities by their effectiveness in keeping homicides low and not taking civilian lives, while adjusting for poverty, which makes policing more difficult. We find enormous variation in police performance and offer qualitative evidence that this reflects organizational practices. We conclude with ideas for reform.

Measuring Coupled Fire–Atmosphere Dynamics: The California Fire Dynamics Experiment (Calfide), Brian J. Carroll, W. Alan Brewer, Edward Strobach, Neil Lareau, Steven S. Brown, M. Miguel Valero, Adam Kochanski, Craig B. Clements, Ralph Kahn, Katherine T. Junghenn Noyes, Amanda Makowiecki, Maxwell W. Holloway, Michael Zucker, Kathleen Clough, Jack Drucker, Kristen Zuraski, Jeff Peischl, Brandi Mccarty, Richard Marchbanks

Faculty Research, Scholarly, and Creative Activity

The social, economic, and ecological impacts of wildfires are increasing over much of the United States and globally, partially due to changing climate and build-up of fuels from past forest management practices. This creates a need to improve coupled fire–atmosphere forecast models. However, model performance is difficult to evaluate due to scarcity of observations for many key fire–atmosphere interactions, including updrafts and plume injection height, plume entrainment processes, fire intensity and rate-of-spread, and plume chemistry. Intensive observations of such fire–atmosphere interactions during active wildfires are rare due to the logistical challenges and scales involved. The California Fire Dynamics Experiment (CalFiDE) …

The Minimalist Alternative To Abolitionism: Focusing On The Non-Dangerous Many, Christopher Slobogin

Vanderbilt Law Review

In "The Dangerous Few: Taking Seriously Prison Abolition and Its Skeptics," published in the Harvard Law Review, Thomas Frampton proffers four reasons why those who want to abolish prisons should not budge from their position even for offenders who are considered dangerous. This Essay demonstrates why a criminal law minimalist approach to prisons and police is preferable to abolition, not just when dealing with the dangerous few but also as a means of protecting the non-dangerous many. A minimalist regime can radically reduce reliance on both prisons and police, without the loss in crime prevention capacity and legitimacy that is …

Igg In The Trenches: Results Of An In-Depth Interview Study On The Practice, Politics, And Future Of Investigative Genetic Genealogy, Christi J Guerrini, Whitney Bash Brooks, Jill O Robinson, Stephanie M Fullerton, Emily Zoorob, Amy L Mcguire

Center for Medical Ethics and Health Policy Staff Publications

Investigative genetic genealogy (IGG) is a new technique for identifying criminal suspects and unidentified deceased and living persons that has sparked controversy. In a criminal case, the technique involves uploading genetic information left by a putative perpetrator at the crime scene to one or more direct-to-consumer genetic genealogy databases with the intention of identifying the perpetrator's genetic relatives and, eventually, locating the perpetrator on the family tree. In 2018, IGG helped to identify the Golden State Killer, and it has since been used in hundreds of investigations in the United States. Here, we report findings from in-depth interviews with 24 …

Evasion Strategies For Space Engagements With Unknown Pursuer Objectives, Stephanie L. Halsey

Theses and Dissertations

Realistic simulations provide a tool for operators to understand space tactics and also serve to inform decisions on the requirements of current spacecraft technologies. This research uses simulation to gain a better understanding of one-on-one orbital conflicts through orbital differential games and linear quadratic games. The results of this research find that a simple strategy for an evading spacecraft to successfully evade a more-capable pursuing satellite for a variety of potential goals is to thrust perpendicular to the direction of the pursuer. Specific estimation requirements to accurately determine the objective of the pursuer and successfully evade in a realistic scenario …

I Spy With My Many Eyes: The Government’S Unbridled Use Of Your Surveillance Cameras, Brian A. Weikel

UC Law Journal

Surveillance cameras are increasingly used by the public and law enforcement to prevent and prosecute criminal activity. Individuals and companies can grant law enforcement access to private cameras for both live monitoring feeds and recorded footage, thereby creating a quasi- public network of private cameras. According to the third-party doctrine, the government can access all information from these surveillance cameras without a subpoena or warrant and without infringing upon Fourth Amendment privacy protections. However, as technology advances and the prevalence of surveillance cameras rises, this per se rule fails to account for one’s reasonable expectation of privacy in the public …

The Comment, February 29, 2024, Bridgewater State University

The Comment

No abstract provided.

Recruitment And Retention In The Post-Floyd Era: A Phenomenological Study Of Miami-Dade County Law Enforcement, Carlos A. Vesco

Doctoral Dissertations and Projects

This study employed a phenomenological approach to analyze law enforcement professionals' perspectives regarding police recruitment and retention in Miami-Dade County after the murder of George Floyd. The study focuses on two primary issues: the ongoing shortage of police officers and the absence of effective retention measures. The study’s theoretical approach is informed by the principles of transformational leadership theory and Herzberg’s two-factor motivation-hygiene theory. The research utilized a qualitative methodology, including face-to-face interviews with a total of twenty-nine participants from three police jurisdictions within Miami-Dade County. These individuals were selected based on their experience in the field. The data was …

Give Me Liberty Or Give Me The Source Code: Challenging A Black-Box Computer Algorithm Under Daubert, Natalie Murphy

Richmond Journal of Law & Technology

Would you trust an entrepreneur who offered to sell you a truthtelling machine, but refused to tell you how it worked? Elizabeth Holmes persuaded investors to sink $700 million into her health tech company, Theranos, with a simple promise: she had invented a machine that could do the impossible. Holmes claimed her invention, a literal black box called an Edison, could run more than two hundred diagnostic tests in under an hour using only a single drop of blood. The Edison purportedly represented “a Holy Grail in the field of microfluidics.” Theranos was going to revolutionize healthcare and change the …

The Effect Of Music On Spiritual Well Being Among Hospice Patients, Mathai Abraham

Doctoral Dissertations and Projects

The life expectancy of a hospice patient is approximately six months or less. Hospice care is not for the cure of the disease. It is the care provided to the patients for the symptom management of the disease. Hospice care, known as end-of-life care, is very important for a comfortable and peaceful passage. Holistic care for the hospice patient is the goal of the hospice care plan. A hospice patient’s spiritual well-being can be maintained by spiritual support through a spiritual presence and spiritual conversation; all hospice care institutions' disciplines can provide adequate spiritual aid through their interaction with patients, …

A Qualitative Descriptive Study: What South Carolina Church Leaders Believe About Congregational Active Shooter Preparation, Charles David Watts Jr.

Doctoral Dissertations and Projects

The purpose of this qualitative descriptive study is to establish a baseline of understanding what experiences South Carolina Southern Baptist church leaders have in active shooter training and what they believe about preparing, training, and equipping congregations for an active shooter incident in their house of worship. This researcher examined how church leaders prepare, train, and equip congregations for security threats like active shooter incidents. This study fills a gap in the existing literature, adding to the research by Auten (2021), Rainer (2017), and the FBI (2016). This researcher examined how churches prepare for security threats like active shooter incidents. …