Digital Commons Network^™

Prosecutorial Data Transparency And Data Justice, Perry Moriearty

Articles

The U.S. criminal legal system is notoriously racialized. Though Black and Latinx people make up less than 30% of U.S. residents, they constitute more than 50% of the nearly two million people currently in U.S. prisons and jails. For decades, research has indicated that one group of decision-makers has had an outsized influence on these numbers: prosecutors. From whom to charge to what sentences to recommend, no actor plays a greater role in determining who goes to prison in this country. Highly subjective and lacking in formal guidance and accountability, prosecutorial decisions are especially vulnerable to racial bias. They are …

Changes In Criminal Thinking Among Homeless Veterans Receiving Housing First Services, Deirdra Robinson

Theses and Dissertations--Social Work

Homelessness is a social problem that has plagued the United States for decades. as early as 1987, veterans were identified has making up a large proportion of people living unhoused. This dissertation is a retrospective exploratory, quantitative study exploring the relationship between criminal thinking and specific characteristics (mental health symptoms, social connectedness, perception of seriousness of legal issues, and housing) of veterans who received services from a Housing First program. Using Survival Mode Theory as a framework for organizing and understanding the context of the study, and the utility of the findings, this dissertation aimed at improving practice and theoretical …

When An Indicted Candidate Wins The Presidency: What Happens To The Trials If Donald Trump Wins The Election?, Richard Painter, Claire Finkelstein

Articles

For the first time in U.S. history, one of the two leading candidates for President is a convicted felon and is in the middle of multiple criminal trials on other charges in both state and federal courts. This set of unprecedented circumstances raises a series of urgent legal questions of first impression, particularly in the case in which Donald Trump wins the election. Three questions in particular require urgent examination in the run-up to the 2024 presidential election, and potentially in the immediate post-election period, depending on the outcome. First, with regard to the federal charges prosecuted by the Department …

The Three-Verdict Problem, Jack Whiteley

Articles

!n Scotland, for hundreds of years, juries have chosen between three criminal verdicts: “guilty,” “not guilty,” and “not proven.” The “not proven” verdict’s legal meaning remains mysterious. In this article, I aim to describe and solve the problem. Applying modern ideas about standards of proof to the intellectual history of “not proven” yields eight plausible meanings for the verdict. With the extent of the problem in mind, I offer a solution. In the three-verdict system, jurors should deliver a “guilty” verdict when they believe that the accused has committed the crime and a “not guilty” verdict when they believe that …

Why Mass Incarceration Is Uniquely American, Michael Tonry

Articles

Mass incarceration, among Western countries a uniquely American phenomenon, resulted from a transformation of American criminal justice systems. Indeterminate sentencing systems in which legislatures established maximum sentences, prosecutors processed cases, judges decided who went to prison, and parole boards decided how long people stayed there were replaced by determinate systems in which legislatures prescribed minimum sentences, prosecutors made the key charging and sentencing decisions, judges processed cases and sentenced minor crimes, and parole boards lost much of their authority. Parole boards and judges become largely irrelevant whenever prosecutors file charges subject to mandatory sentence, three-strikes, truth-in-sentencing, and life without parole …

Advancing Genomics To Improve Health Equity, Ebony B. Madden, Lucia Hindorff, Vence Bonham, Tabia Akintobi, Esteban Gonzalez Burchard, Kellen E. Baker, Rene L. Begay, John D. Carpten, Nancy J. Cox, Valentina Di Francesco, Denise Dillard, Faith Fletcher, S. Malia Fullerton, Nanibaa' Garrison, Catherine Hammack-Aviran, Vanessa Hiratsuka, James E.K. Hildreth, Carol Horowitz, Chanita A. Hughes-Halbert, Michael Inouye, Amber Jackson, Latrice Landry, Rick Kittles, Jeff T. Leek, Nita A. Limdi, Nicole Lockhart, Elizabeth Ofili, Eliseo Perez-Stable, Maya Sabatello, Lorjetta Schools, Jennifer Troyer, Ben Wilfond, Genevieve Wojcik, Judy Cho, Sandra Soo-Jin Lee, Eric Green

Law Faculty Scholarship

This perspective article examines the relationship between human genomics research and health equity, highlighting persistent disparities in the design, participation, and implementation of genomic science. Although genomics has substantial potential to improve disease prevention, diagnosis, and treatment, the benefits of genomic advances have not been equitably distributed across populations. Historically, genomic research has disproportionately relied on datasets derived from individuals of European ancestry, resulting in limited generalizability of findings and the risk of exacerbating existing health disparities. Drawing on insights from a National Human Genome Research Institute (NHGRI) workshop and a targeted literature review, the authors identify key challenges and …

Integrating Sustainable Development Goals In The Law Curriculum: Legal Education For "People, Planet, And Prosperity", Md Saiful Karim, Abdullah-Al Arif, Andrew Garwood-Gowers, Fran Humphries, Md Mahtab Uddin, Afshin Akhtar-Khavari, Rowena Maguire, Bridget Lewis, Lucy Cradduck, Lachlan Robb, Tina Cockburn, Kelly Purser, Sam Boyle, Anne Matthew, Brydon Wang, Alex Deagon

Belmont Law Review

This article argues that meaningful integration of the United Nations Sustainable Development Goals (SDGs) into the law curriculum is essential to preparing future lawyers to address contemporary global challenges. Drawing on the historical evolution of sustainable development and its embedding in international and domestic legal systems, the authors demonstrate the multifaceted relationship between the SDGs and diverse areas of law, extending well beyond environmental regulation to encompass economic, social, and human rights dimensions. Focusing on professional law degrees such as the LLB and JD, the article presents targeted case studies illustrating how SDG awareness can be incorporated into core and …

The Death Of Slim Shady: Eminem’S Lyrical Life Course Trajectory, Anthony Raul Rosales, Anthony R. Rosales

Criminology & Criminal Justice Theses - Archive

Eminem's lyrical life course trajectory helps provide insight into hip-hop and rap music's arguably criminal social stigma. Previous studies have examined Eminem's songs, but these topics focused on singular songs and themes rather than a lyrical life course. This study fills the gap by providing a content analysis of Eminem's solo studio albums, where it identifies themes and patterns that appear in the album's lyrics. The purpose of this study was to use research questions based on theory and previous research to examine Eminem's lyrics and personas. Using Eminem's thirteen solo studio albums consisting of two-hundred-nine songs, this study focused …

Notre Dame Lawyer - 2024, Notre Dame Law School

Notre Dame Lawyer

Cover

• 17 The Legacy of Dean David T. Link

Features

• 11 Beyond the Headlines: Exoneration Justice Clinic
• 31 From the Frontlines: Global Human Rights Clinic
• 37 Special Education Law Clinic
• 03 News Briefs
• 63 Faculty News

Alumni Profiles

• 15 Walking with the Condemned: Dale Recinella
• 25 New School of Thought: Craig Watz
• 41 Helping Immigrants Find a Better Life in America: Matthew DiCianni
• 43 Answering the Call for Help: Dan and Daria Absher
• 47 A Different Kind of Lawyer: JoAnn Chávez
• 52 Driving Business Advocacy: Stephanie Maloney, Audrey Beck, Tara Morrissey
• 55 A Life of Service, Advocacy, and Courage: John …

An Exploratory Study Of Anti-Black Racism In Social Media Behavior Intentions: Effects Of Political Orientation And Motivation To Control Prejudice, Cynthia J. Najdowski, Samantha A. Wilcox, Justine K. Brace, Melissa Anderson

Psychology Faculty Scholarship

Considering the widespread prevalence of racist content and opinions on social media, there is a pressing need to understand how users react to such content in ways that might lead them to be drawn into echo chambers of racism, hate speech, and potentially even violence. We conducted an online study to investigate how two individual differences—political orientation and motivation to control prejudice (MCP)—may predispose people to accept anti-Black racism expressed in social media messages. Non-Black participants viewed racist and egalitarian mock social media posts and reported how likely they would be to respond favorably and/or engage in supportive social media …

Curing Terry’S Colorblindness, Ilan Friedmann-Grunstein

Oklahoma Law Review

No abstract provided.

2024-2025 Fce/Scj Graduate Catalog, Nova Southeastern University

Abraham S. Fischler College of Education and School of Criminal Justice Graduate Course Catalogs

No abstract provided.

Defining 'Victim' Through Harm: Crime Victim Status In The Crime Victims' Rights Act And Other Victims' Rights Enactments, Paul Cassell, Michael Ray Morris

Utah Law Faculty Scholarship

Who qualifies as a “victim” is the foundational question for the Crime Victims’ Rights Act (“CVRA” or “Act”) and other crime victims’ rights laws. This article provides the first comprehensive exploration of this “victim” definition question. It traces how the CVRA (and many states) define “victim” as broadly covering anyone who has been harmed as the result of a crime. This article begins by reviewing how the definition of “victim” has evolved in the criminal justice system since the Nation’s founding. In the last several decades, as crime victims’ rights protections have proliferated, it has become necessary to define “victim” …

Moral Panic And The First Amendment, Michael L. Smith

Faculty Articles

Debates over free speech in the United States frequently see advocates of strong, broad protections at odds with those who argue that unfettered free speech tends to harm society's most vulnerable. Free speech advocates invoke the marketplace of ideas and argue that the antidote to false or harmful speech is more speech. In response, critics contend that speech itself causes harm and chills counter-speech effectively excluding marginalized groups, including women and LGBTQ people, from discourse altogether. These critics support limitations on robust free speech doctrine targeting speech that harms marginalized communities.

This Article identifies a significant wrinkle in this narrative: …

Arbitrary And Capricious X Artificial Intelligence, Zoe Niesel

Faculty Articles

The "arbitrary and capricious" review standard has been interpreted to govern the judicial review of agency factual findings that are produced through informal rulemaking or informal adjudication. In contrast, agency factual findings that are produced through formal rulemaking or adjudication will be reviewed under the Administrative Procedure Act, Section 706(2)(E), which states that such findings can be set aside if they are "unsupported by substantial evidence." While the standards technically vary-factual findings that are the product of informal procedures will warrant arbitrary and capricious review, while factual findings that are the product of formal procedures will warrant substantial evidence review …

Annual Report 2024, Tennessee. Department Of Human Services

Annual Reports

This annual report highlights the accomplishments of the Department of Human Services for the fiscal year.

Listen To Your (Tipsy) Inner Voice: Ai Is Not Your Drinking Buddy, Tori R.A. Kricken

Maryland Law Review

No abstract provided.

Yugoslavia's Aftermath: Tracing The Roots Of The Icc And Its Limitations In The Ukrainian Crisis, Nikola Miovski

Loyola University Chicago International Law Review

The dissolution of Yugoslavia in the 1990's presented an opportunity for the international community to join together, and address wrongs committed against people in Eastern Europe. Specifically, wrongs committed in Bosnia Herzegovina and Kosovo presented the greatest opportunity to address the abuse of human rights, as there were reported tortures, murders, ethnic cleansing, and genocide.

The international community responded with the creation of the International Criminal Tribunal of the Former Yugoslavia (ICTY), which indicted 161 high-level war criminals who had propagated some of the worst atrocities committed against segments of the Bosnian and Kosovan populations, respectively. The creation of the …

Assessing College Students’ Everyday Information Seeking: Implications For Information Literacy Instruction, Stephanie Ward, Rachel Dineen, Darren Ilett

LOEX Conference Proceedings 2024

No abstract provided.

Seeing The Forest And The Trees: Integrating Curriculum-Integrated Learning Outcome Development And Assessment With An Academic Review Process, Chad Kahl, Heather Koopmans, Chris Worland, Grace Allbaugh

LOEX Conference Proceedings 2024

No abstract provided.

In It And Of It: A Black Principal’S Self-Examination Of Anti-Blackness And Critical Leadership Praxis, Donya Odom

Master's Theses and Doctoral Dissertations

Narrative inquiry is my research method, and my goal is to validate the use of narratives, including my reflective memos, journal reflections, and interpretations of various artifacts that share my students' experiences. As a Black woman and an educator, I emphasize the importance of culturally responsive school leadership for K-12 principals, which includes fostering connections with and amplifying the voices of marginalized Black students to improve their academic engagement. My study also highlights my experiences' critical role in building positive relationships with the school community, particularly in enhancing Black students' climate and cultural experiences. With this study, I shed light …

Biases & Mediation Practice, Barbara Glesner Fines

Faculty Works

No abstract provided.

The Unintended Consequences Of Torture's Ineffectiveness, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

Whether torture to extract true information—for example, military secrets or the location of a terrorist-planted bomb—is morally permissible and empirically effective is widely disputed. But many agree that such torture’s effectiveness is a necessary condition for its permissibility; if ineffective, then it is impermissible. Thus, the empirical issue has become crucial in deciding the moral issue. This Article addresses the empirical issue with a novel, non-empirical argument. Torture’s ineffectiveness not only ensures torture’s impermissibility but also exposes torture victims to criminal liability for any offenses they are tortured into committing. With torture as the most extreme and horrific form of …

Reducing Out-Of-School Suspension In Urban Districts: The Utilization Of Alternative Interventions For Disruptive And Risky Behaviors, Jennifer Dixon, Jennifer Dixon

West Chester University Master’s Theses

In this thesis, the goal will be to reflect on the use of schools’ current disciplinary models which includes in-school and out-of-school suspensions and are often an immediate response to mitigating disruptive and risky behaviors displayed by our students, particularly, in urban school districts. While most schools in urban settings have utilized out-of-school suspensions as an end all solution to extinguishing disruptive behaviors. Significant research on this topic reveals that in low-income school settings, out-of-school suspension has resulted in more harmful outcomes on a particular population of students. Where out-of-school suspensions as a solution has failed, as it often does, …

303 Creative Llc, Public Accomodations Law, And The Many Possible Futures Of Rights, Jacob Eisler

Scholarly Publications

No abstract provided.

State Drug Laws, Mason Marks

Scholarly Publications

States have long enacted drug laws that depart from federal laws and regulations. In the early twentieth century, several states prohibited marijuana while it remained federally unregulated. In the 1960s, states started criminalizing psychedelic substances. Shortly thereafter, in the early 1970s, they started reversing the trend to criminalize drugs by reducing or eliminating criminal penalties associated with personal marijuana use. State-level decriminalization accelerated in the 1990s and 2000s.

More recently, states have extended drug policy reforms to other substances, including psychedelics, stimulants, and opioids. Some states have eliminated criminal penalties while others have replaced criminal penalties with fines or diversion …

Restorative Constitutionalism, David Landau, Rosalind Dixon

Scholarly Publications

Cass Sunstein and other scholars have distinguished between two forms of constitutionalism: preservative constitutionalism, which looks to maintain the status quo, and transformative constitutionalism, which aims to transcend a flawed constitutional history and achieve a better future. In this Article, we introduce a third, undertheorized mode of constitutionalism, which we call restorative. Restorative constitutionalism seeks a return to a lost, more authentic constitutional past, whether real or imagined. Restorative discourse in modern United States constitutionalism is dominated by conservative calls for originalist judicial interpretation. But originalism is only one subset of restoration, and indeed restorative discourse has been present at …

Editorial: The Unlearning Of School Attendance: Ideas For Change, Carolyn Gentle-Genitty, Arya Ansari, Michael Gottfried, Ineke Marshall

Founder’s College - Scholarship and Professional Work

No abstract provided.

Embracing Change: From Recalibration To Radical Overhaul For The Field Of School Attendance, David Heyne, Carolyn Gentle-Genitty, Glenn A. Melvin, Gil Keppens, Catriona O’Toole, Lisa Mckay-Brown

Founder’s College - Scholarship and Professional Work

In a world characterized by dynamic demographic shifts, rapid technological transformations, and evolving pedagogical practices, the need for reimagining school attendance and a relationship with education has become paramount. This Research Topic, boldly titled “The Unlearning of School Attendance: Ideas for Change,” compels us to challenge conventional thinking and working in this domain. The collection of 12 articles offers compelling opportunities for change, ranging from subtle recalibrations to radical overhauls, depending on the extent to which our current ideas and methods have grown outdated. This opening article serves as a thematic guide, curating the diverse prospects for transformation found within …

Journalists Understanding And Coverage Of Extrajudicial Killings In Kenya., Susan Kendi Gitonga

Master of Arts in Digital Journalism

This study investigated the phenomenon of extrajudicial killings in Kenya by examining the journalists' understanding of the issue, the media framing of the articles, and the sourcing of the information. The news media, in its traditional role to inform and interpret, has the responsibility to provide the public with a balanced narrative on the issues that are of public interest, including deaths and killings of citizens. However, in the context of extrajudicial killings, the media’s role and significance have been tested due to the dilemma encountered. Journalists face challenges in their attempt to source for authoritative sources, especially in cases …