Digital Commons Network^™

Designing Sanctuary, Rick Su

Faculty Publications

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, …

External Funding Bulletin, January - June 2024, Uno Office Of Research And Creative Activity

Sponsored Programs Bulletins

No abstract provided.

Systematic Regulation Of Artificial Intelligence, Yonathan Arbel, Matthew Tokson, Albert Lin

Articles

Today's artificial intelligence ("AI'') systems exhibit increasing capabilities across a remarkable variety of tasks. The rapid growth in AI ability has caught the attention of policymakers, parliaments, and the United Nations. These entities are increasingly looking towards regulating AI, not only in its particular applications, but as a technology. Yet legal scholarship has thus far offered little to this new and critical regulatory conversation, which has instead been dominated by computer scientists and technologists.

This Article begins the project of assessing AI 's broader risks and law 's role in addressing them. These risks are wide ranging-they span harms to …

From Margins To Center: Elevating The Voices Of Disadvantaged Families In Child Welfare, Jerron R. Wheeler

UF Law Faculty Publications

This essay sheds light on the systemic challenges faced by indigent, minority families within the child welfare system, using personal experiences from my time as a student at the University of Florida Levin College of Law as a lens. This essay aims to highlight the intersection of poverty, race, and the child welfare system, showing how these factors can hinder parents' ability to reunite with their children despite their best efforts. The essay seeks to underscore the urgent need for a more nuanced, multidisciplinary approach to child welfare advocacy that includes legal professionals, social workers, and health professionals working collaboratively …

Book Review Of Spencer Headworth’S Rules Of The Road: The Automobile And The Transformation Of American Criminal Justice, Mark Fenster

UF Law Faculty Publications

No abstract provided.

Suffolk University Academic Catalog, College Of Arts And Sciences And School Of Management, 2024-2025, Suffolk University

College of Arts and Sciences and Sawyer Business School Academic Catalogs

This catalog contains information for the day, evening, and graduate programs.

Front Matter

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

The Confrontation Clause & State Action, John L. Watts

SMU Law Review

The Sixth Amendment’s Confrontation Clause works in conjunction with the right to counsel and trial by jury to protect the people against the government’s abuse of its prosecutorial monopoly. However, the history of the Court’s Confrontation Clause jurisprudence has not always focused on the Sixth Amendment’s goal of limiting government power and was treated as virtually synonymous with the hearsay rules. In Crawford v. Washington, the Court restored the Confrontation Clause to constitutional significance by correctly identifying it as a procedural guaranty that empowers the jury to evaluate the reliability of government witnesses through live testimony subject to cross-examination. Unfortunately, …

Front Matter

SMU Law Review

No abstract provided.

75 Years Of Clinical Legal Education: Celebrating The Past While Looking To The Future, Mary Spector

SMU Law Review

In October 2023, the Clinical Program at SMU Dedman School of Law celebrated its 75th anniversary. The occasion provided an opportunity to celebrate seventy-five years of free legal services to thousands of clients over the years: real people with real problems without the means to hire a lawyer. Among the legal services provided were ones that ensured families had safe and affordable places to live, protected the rights of those in the criminal justice system, safeguarded seniors’ financial stability, assisted taxpayers in navigating disputes with the IRS, and ensured that employees obtain the benefits to which they are entitled.

During …

Front Matter

SMU Law Review

No abstract provided.

Pirates Of The Academe: A Critical Criminological Analysis Of Intellectual Property Laws Criminalizing Filipino College Students Using Pirated Papers From Sci-Hub, Jasper Franz T. Mapa

Asia-Pacific Intellectual Property Management and Innovation Book Series

This study addresses the unrecognized impact of shadow libraries and piracy websites on copyright and intellectual property laws within academic institutions. Focusing on students from the Philippines who faced criminalization for using Sci-Hub, the study aims to provide valuable insights and bridge gaps in the existing literature from critical criminological perspectives. By exploring the criminalization resulting from intellectual property laws, student motivations for accessing Sci-Hub, and the social characteristics that influenced their usage, the researcher sought to gain a comprehensive understanding of the phenomenon. Using snowball sampling, four participants were recruited for this study. The findings revealed four main themes: …

The Future Of Livestock Genetic Engineering In The United States: Going Against The Grain Or With The Herd?, Sam Harvey

St. Thomas Law Review

For several years, the United States Department of Agriculture (USDA) and the Food and Drug Administration (FDA) have carried tension over which agency should regulate genetically modified livestock. Recently, this tension has boiled over with the release of many articles and statements from each organization as they battle over regulatory authority, most notably the USDA's claim that they are ready to take the bull by the horns and control the regulation of genetically engineered livestock. This note examines history and present-day practices to predict which agency will succeed in this battle of regulations, the USDA or the FDA.

Time For Reform, Not Abolition: Balancing Justice And Morality Through Amendment Of The Federal Death Penalty, Madison Steinkamp

St. Thomas Law Review

In 1987, President Ronald Reagan addressed Congress, saying it was "scandalous and intolerable" that federal law did not provide for an enforceable death penalty.' Ten years prior, following a brief moratorium on its application, the death penalty had been ruled constitutional. While thirty-five states had already reinstated the death penalty at the state level and constitutionally executed ninety-three prisoners since 1976, Congress had not yet enacted the rational, objective standards necessary for applying the death penalty constitutionally. In the year following his speech to Congress, President Reagan successfully signed the federal death penalty into law through the Anti-Drug Abuse Act …

Lessons From Rwanda: Why The U.K. Should Promote Reconciliation Through Localized Strategies In Place Of Prosecutorial Amnesty, Jeremy J. Perillo

St. Thomas Law Review

The United Kingdom ("U.K.") has a long, rich, and complicated history, but is likely better known contemporarily through its icons, the late Queen Elizabeth II and Big Ben, for example. Beyond that surface, formulated through its time as an expansive empire, is the complexity and controversy that comes with being the U.K., a prominent global hegemonic power throughout generations. One such complexity that has spanned centuries is the demarcation between Northern Ireland ("N.I.") and the Republic of Ireland. In early September 2023, the U.K.'s House of Commons ("Parliament") passed the Northern Ireland Troubles (Legacy and Reconciliation) Act ("the Act"), intending …

How Can Law Enforcement Use Technology To Protect Citizens Justly?, Zach Kantenwein

Emerging Writers

This paper explores the danger of emerging artificial intelligence technology perpetuating racial injustice in law enforcement and how police can ensure the protection of citizens amid this information age. We dissect a real-world case in which AI predictive policing technology resulted in alarming racial discrimination against American minority citizens. We discuss the possible explanations for this result and explore the limitations of artificial intelligence technology. Furthermore, we brainstorm methods for ensuring American citizens' just and constitutional protection as new technology is developed and tested. We propose implementing transparency laws that make the details about any policing technology and surveillance available …

The Extent To Which The Humanistic Approach In Japanese Juvenile Training Schools Affects Recidivism, Natalie Bui

AUCTUS: The Journal of Undergraduate Research and Creative Scholarship

Japan’s juvenile justice system is regarded as one of the most unique and successful implementations of reformative justice. This approach has remained effective in maintaining Japan’s low rates of juvenile delinquency and recidivism, despite massive changes in Japanese society over the past decade. While Japan’s crime seems to be on an impressive decline, the United States continues to struggle with social control, juvenile delinquency, and, more recently, demands for justice reform from social movements like the Black Lives Matter Movement. The American juvenile justice system needs reform now more than ever and where better to get inspiration, than the industrialized …

From White Noise To Sound Decisions: Overcoming Noise In Corporate Law, Maria Lucia Passador

American University Business Law Review

This article explores the realm of noise, which is characterized by the lack of discernible patterns and unpredictable nature, distinguishing it from biases in terms of features, implications, and solutions. After examining the integration of behavioral economics into legal matters, the article delves into the application of this framework in the context of corporate law.

Studying noise into corporate law offers valuable insights into specific areas. Needless to say, this paper sheds light on the legal practice of corporate law, encompassing aspects such as contractual matters, M&A due diligence, and corporate governance. Understanding the complexities of corporate transactions is particularly …

Real Versus Perceived Crime Rates: Examining Causes Of The Disconnect Between Fear And Reality, Sage L. Eck-Miller

Undergraduate Theses, Professional Papers, and Capstone Artifacts

Americans are more fearful of crime than at any other point in the past two decades, even though crime rates are at the lowest point in close to 30 years. Previous literature has examined various causes of this exaggerated fear, ranging from gender differences to perceived neighborhood disorder as the cause. There have been multiple findings suggesting that neighborhood disorder plays a significant role in creating fear of crime. The presence of trash, unkempt lawns, and run-down properties lead people to believe crime is worse in their area than it actually is. This study examines fear of crime in association …

Storytelling In The Liberal Arts & Sciences Classroom, Will Buckingham

GHEA21 Open Educational Resources

This is a practical guide for putting storytelling to work in the liberal arts and sciences classroom, to build community, confidence and connection. Written in collaboration with Wind&Bones CIC (Scotland), this guide provides a new approach to storytelling in the classroom, putting direct one-on-one communication at the heart of storytelling. Through this approach, students can make stronger connections with their peers and with the subject-matter they are studying, while growing in confidence and building stronger, more engaged communities of teaching and learning. The guide offers a robust framework for thinking about storytelling and communication in the classroom and provides a …

2023 Georgia Southern University Softball Media Guide, Georgia Southern University

Women's Softball Records

No abstract provided.

Protecting A Cornerstone Constitutional Right In The Age Of Zoom: The History And Case Law Surrounding The Confrontation Clause, Laura Anne Rose

Faculty Publications

As the legal field moves into the post-COVID-19 pandemic world, it is essential to evaluate the place virtual meeting software holds in the criminal justice trial system.  This article traces the historical roots of the Confrontation Clause, considers the Supreme Court jurisprudence on the topic with special emphasis on Crawford v. Washington and Maryland v. Craig, traces the circuit split on the use of two-way video communication in criminal trials, and concludes with a review of state cases where the protections of the Confrontation Clause are evaluated with the use of Zoom testimony.

The Future Of Indigent Defense In South Dakota, Neil Fulton, Brooklyn Bollweg

Faculty Publications

No abstract provided.

Politicians The Founders Warned You About, Neil Fulton

Faculty Publications

Many articles have explored the Founders' intentions regarding the constitutional text. Much less attention has focused on the Founders' ideas regarding the traits needed of the leaders in a constitutional republic. The Constitution focuses on governing structures, many of which relate to the electoral process. The Constitution does not spell out the ideal traits of the leaders elected pursuant to those processes. Nonetheless, the Founders possessed clear views about the virtues and qualifications that ideal political leaders required. Indeed, the Founders issued warnings about certain archetypal political figures who, because of their flagrant disregard of the ideal virtues and qualifications, …

Assessing A Potential Deviation In The Legislative Process: The Use Of Vehicle Bills In South Dakota, Neil Fulton, Sarah Kammer, Patrick Garry

Faculty Publications

Vehicle bills are used by many state legislatures, including the South Dakota Legislature. These bills serve as empty shells to be amended with substantive text later in the legislative session. Critics charge that such vehicles allow legislators to meet the filing deadline with an essentially meaningless bill that gets amended late in the session, thereby depriving the public and opposition legislators from adequately investigating and debating the newly amended bill. This article examines how, and to what extent, the South Dakota Legislature has used vehicle bills over the past decade. In so doing, the article may provide some insight into …

Rethinking Environmental Disclosure, Annie Brett

UF Law Faculty Publications

Twenty years ago, legal scholars and regulators alike were convinced that information-forcing regulations heralded a new era in environmental law. Coming off the success of the Toxics Release Inventory (TRI), which seemed to decrease toxic chemical pollution solely by forcing industry to disclose if they released certain chemicals, many called information regulation the third wave of environmental law. New information disclosure policies were enacted and old policies reinvigorated, leading to a plethora of information-based regulations throughout environmental law. Now, twenty years later, the emergence of big data and artificial intelligence (AI) approaches to environmental analysis have only further increased the …

Alternatives To The Squad Car: A Strategy Providing Hope For People With Mental Illness, Judy Ann Clausen, Joanmarie I. Davoli

UF Law Faculty Publications

Frontline healthcare providers and first responders have had enough of mental health care policy rooted in ideology and utopian visions instead of the practical realities of the nature of Serious Mental Illnesses (SMI). The current system of a severe shortage of mental health beds and strict criteria for administering mental health treatment in contravention of illness-induced treatment refusals has caused the real-world preventable tragedies of mass shootings, incarceration, homelessness, victimization, and death of people suffering from untreated SMI. Innovative programs and long-established protocols have been profiled by the media and examined by scholars. Momentum is brewing. Across the country, creative …

Compassionless Plea Bargaining, Julian A. Cook Iii

UF Law Faculty Publications

Too often, the guilty plea hearing process practiced in our federal courts fails to adequately ensure the validity of a defendant’s change of plea decision. Rather than engage in colloquies that are sufficiently in-depth and truly aimed at ascertaining voluntariness and defendant comprehension, critical details are frequently glossed over, and defendant guilty pleas are accepted without meaningful inquiry.

While academics have skillfully critiqued the Sixth Amendment and its trial-focused provisions, comparatively scant focus has been expended on the equally, if not more, critical change of plea hearing. Compassionless Plea Bargaining seeks to fill this gap with its focus on a …

Federal Sentencing Reform: Determining The Scope Of The Retroactive Application Of The First Step Act Of 2018, Alexa Brown

Western New England Law Review

The First Step Act of 2018 was signed into law by President Trump in December of 2018. This Act sought to adopt a less-retributive approach on sentencing while advancing criminal justice reform toward reducing excessively long federal sentences. This Note will specifically focus on section 403 of the Act. Section 403 was created to eradicate stacking sentences from second or subsequent convictions within the same indictment. Following the enactment of the First Step Act, only defendants with a prior conviction from a separate, prior indictment would be subject to the imposition of the higher mandatory minimum sentence.

The issue that …