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Review Of Policing Empires: Militarization, Race, And The Imperial Boomerang In Britain And The Us, Jonathon J. Booth

Publications

No abstract provided.

Mercy For The Masses: A Default Rule For Automatically Triggered Commutations, Adam Gershowitz

Faculty Publications

This Essay considers how governors who are interested in reducing mass imprisonment can provide “mercy for the masses” who are in the middle of the criminal justice punishment spectrum. It draws on the successful mass pardons for misdemeanor marijuana offenses, as well as the aspects of the Obama Clemency Initiative that worked well. The proposals that follow offer four variations on a default rule for automatic, but modest, mass commutations.

[...]

This Essay proceeds as follows. First, Part I explains how the modern clemency power has often been focused on death penalty cases and low-level misdemeanors. Part II then recounts …

Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs

Faculty Publications

The laws of war apply equally to all parties to a conflict; thus, a party that violates international law by launching a war is granted the same international humanitarian law rights as a party that is required to defend against the illegal war. This doctrine—known as the equal application doctrine—has been sharply critiqued, particularly by philosophers, who claim the doctrine to be morally indefensible. Lawyers and legal academics, by contrast, defend the equal application doctrine because they reasonably fear that applying different rules to different warring parties will sharply reduce states’ willingness to comply with the international humanitarian law system …

Reimagining The Inclusive Jury, Anna Offit

Faculty Publications

At the height of the COVID-19 pandemic, everyday life for many Americans was upended. And yet, the jury trial remained viable — even vital. Faced with an era-defining public health disaster, courts innovated, embracing novel technologies and techniques to reimagine where and how justice might be made. But why did it take a pandemic to spur this kind of institutional creativity? Prior to the outbreak of COVID-19, people who were otherwise eligible to participate as jurors were routinely — and uncontroversially — struck or exempted from service due to limited mobility, vision and hearing loss, and caregiving responsibilities. Recent experience …

The Game, The Players, And The Board, Bruce E. Boyden

Faculty Publications

Christopher Seaman and Thuan Tran’s fascinating article, Intellectual Property and Tabletop Games, raises important questions about the role of intellectual property in developing and distributing innovative products. The market for tabletop games, Seaman and Tran argue, is able to sustain a high level of creativity at a high up-front cost, all while protected by some but not all of the IP rights that other industries’ outputs receive. Is that evidence of IP’s necessity or its superfluousness? In this Response, I argue that the answer is a little bit of both. Whereas prior scholarship has shown the lack of an …

Showing Mercy Through A Presumption Of Retribution, Marah S. Mcleod

Journal Articles

From the Article

This Essay proposes a path toward the systematic consideration of mercy in American sentencing. America does not have to choose between retributive blame on the one hand and nonjudgmental mercy on the other. Inspired by Whitman's description of the European "presumption of mercy," America can implement a presumption of its own-one that opens the door to the nonarbitrary exercise of mercy, while retaining a clear focus on retributive desert. Such a presumption, tailored to American political realities and moral norms, might be called a "presumption of retribution"-and this presumption could be codified in law while explicitly made …

An Exploration Of The Sense Of Belonging For African American Women Licensed Clinicians In A Voluntary Professional Counseling Organization, Raushanah Jackson

Graduate Research Theses & Dissertations

Due to historical oppression in academe, the voices of African American women have been excluded, or unjustifiably limited, in academic research and from mainstream psychological thought. This study was one aim at understanding the experiences of belonging of women of African American ancestry who were clinically licensed professional members in a volunteer member counseling organization. Centering African American women’s voices was used through a lens of critical race theory and Black Feminist Thought to illuminate the structural, representational, and sociopolitical barriers that African American women face. An Interpretive Phenomenological Analysis approach was used to center the voices of five licensed …

Incarcerated To Educated: The On-Campus Experiences Of College Students Post Incarceration, Taylor Comer

Masters Theses

As reentry rates continue to climb in the United States, more individuals with felony convictions on their criminal records will be looking to obtain post-secondary education to make themselves more marketable in the workforce. The purpose of this narrative study was to examine the experiences of three individuals that pursued higher education after being released from prison. It was determined that the criminality of these individuals had minimal impact on their experiences in higher education, and that there are other components of their identity that have a heavier influence on their likelihood of success. The other components of their identities …

Is It In The Job Description? Best Practices For School Psychologists’ Advocacy For Systemic Change Benefiting Black Students, Taylor Manuel Moore

Theses and Dissertations

School psychologists can be essential team members in driving systemic change towards achieving educational fairness, as their experiences, perspectives, and actions significantly contribute to this effort. This qualitative phenomenological study delved into an in-depth investigation of the lived experiences of school psychologists who have committed themselves to advocating for transformative changes that have a direct influence on the educational paths of Black students. The research design entailed conducting in-depth interviews with practicing school psychologists who have actively engaged in advocacy campaigns. The objective of phenomenological inquiry was to reveal the fundamental nature of individuals' experiences, providing insight into the obstacles …

Examining Project Flex: A Sport-Based Prison Program For Incarcerated Youth, Gabrielle Bennett

Graduate Research Theses & Dissertations

There is a growing global body of literature examining the experiences of adolescents in sport-based youth development programs. Conversely, the advantages of such programming are often contingent on intention, design, population, and environment. One often overlooked setting that serves a vital population benefiting from the integration of sport-based youth development programs, is juvenile justice facilities. Beyond adolescents, much literature remains to be explored in penal settings, particularly, the inception of sport-based prison programs that utilize an evidence-based curriculum and explicit approach to foster life skill development. Often overlooked are staff, administrators, and youth perspectives of sport-based youth development programs in …

The Split From Precedent: An Analysis Of The Negative Impact Oklahoma V. Castro-Huerta Will Have In Indian Country, Meg A. Bloom

American Indian Law Review

No abstract provided.

Oklahoma V. Castro-Huerta: Oklahoma’S Latest Power Grab And Its Implications For Native Women In A Post-Roe World, Camryn A. Conroy

American Indian Law Review

No abstract provided.

Unprincipled Preemption: Why The Supreme Court Was Wrong In Oklahoma V. Castro-Huerta To Abandon Exclusive Federal Jurisdiction Over Crimes By Non-Indians Against Indians In Indian Country, Eric Ramoutar

American Indian Law Review

No abstract provided.

How Poor Is Poor Enough? How Jurisdictional Differences In Implementing The Right To Counsel Affect Indigent Native Americans, J. Santana Spangler-Day

American Indian Law Review

No abstract provided.

Oklahoma V. Castro-Huerta—Using Sentencing Inequities To Address The Oliphant In The Room, Dillon M. Sullivan

American Indian Law Review

No abstract provided.

Shame In A Digital Age, Gianna Anzalone

Comm-entary

This essay dives into the nature of mediated shame, analyzing its implications in various contexts and genres of media. Beginning with an analysis of shame as a disciplinary mechanism, the essay highlights how online platforms perpetuate societal norms through the perception and judgment of others. Drawing examples from reality television, it explores how shame is commodified for entertainment, often at the expense of vulnerable participants. Using shows like "The Biggest Loser" as a case study, the essay examines how media narratives exploit and amplify shame, leading to a spoiled identity. This essay also acknowledges the role of shame as a …

"Addressing Sexual Abuse: Unveiling Hidden Realities", Shanzida Toha

High Impact Practices Student Showcase Spring 2024

My inspiration was from my IDS 4939 course where we had to present about a topic that we are devoted towards. It could be conveyed through PowerPoint, video, etc. but for me I chose to write a research paper about the indiscriminate circumstances that influence Sexual Abusers behavior, and how it profoundly directs their course of action. After an endless time spent on gaining data, this sensitive topic sent me to a black hole of no return. With boundless sources of support with the help of the internet I was feeling guilty as to what I could do with this. …

Trauma And Dynamic Needs: Examining The Role Of Adverse Childhood Experiences (Aces) On Changes In Youth Needs While In Residential Placement, Ashley Lockwood

Graduate Thesis and Dissertation 2023-2024

The prevalence of adverse childhood experiences (ACEs) for youth in residential facilities is greater than youth in the general population and those in other justice settings. Despite recent advancements in the literature on ACEs and treatment for justice-involved youth, an expansion of this inquiry continues to be warranted. The Risk, Needs, and Responsivity framework has not conceptualized the influence of trauma across youth sex and race/ethnicity in rehabilitation efforts. Therefore, the current study has two primary objectives: (1) to explore the presence of ACEs in the lives of youth in residential facilities, and (2) examine the association between ACEs and …

"What Do You Mean By...?" The Role Of Plain Language In Jury Instructions, Jamie L. Vega

Graduate Thesis and Dissertation post-2024

Extant literature indicates there are significant problems related to how jurors comprehend instructions. Cognitive fluency literature explains that when information is presented in plain language, it enhances cognitive fluency by reducing the cognitive load on the reader or listener. Therefore, utilizing a quantitative experiment, this study sought to explore the use of plain language and its role when presenting instructions to jurors. A total of 212 participants were randomly assigned to one of the two jury instruction conditions and one of the six case facts, where they were asked to read a hypothetical self-defense case scenario followed by the corresponding …

Pferm: A Fair Empirical Risk Minimization Approach With Prior Knowledge, Bojian Hou, Andrés Mondragón, Davoud Ataee Tarzanagh, Zhuoping Zhou, Andrew J Saykin, Jason H Moore, Marylyn D Ritchie, Qi Long, Li Shen

Faculty, Staff and Student Publications

Fairness is crucial in machine learning to prevent bias based on sensitive attributes in classifier predictions. However, the pursuit of strict fairness often sacrifices accuracy, particularly when significant prevalence disparities exist among groups, making classifiers less practical. For example, Alzheimer's disease (AD) is more prevalent in women than men, making equal treatment inequitable for females. Accounting for prevalence ratios among groups is essential for fair decision-making. In this paper, we introduce prior knowledge for fairness, which incorporates prevalence ratio information into the fairness constraint within the Empirical Risk Minimization (ERM) framework. We develop the Prior-knowledge-guided Fair ERM (PFERM) framework, aiming …

Journal Of Sociology & Social Welfare Volume 51, Issue 3 (2024)

The Journal of Sociology & Social Welfare

No abstract provided.

Reimagining Youngblood's Bad Faith Requirement: Safeguarding Criminal Defendants' Due Process Rights Through A Burden-Shifting Framework, Rita Elfarissi

Michigan Law Review

Criminal defendants face an uphill battle when attempting to prove that the government’s loss or destruction of evidence that could have played a significant role in their defense deprived them of their constitutional due process rights. To make this showing, the defendant must prove that the government lost or destroyed the evidence in bad faith. This requirement is problematic because direct evidence illustrating the subjective intent of the government officials who lost or destroyed the evidence is unlikely to exist, and in the off chance it does, the prosecution is unlikely to freely hand it over to the defendant. Thus, …

Revocation At The Founding, Jacob Schuman

Michigan Law Review

The Supreme Court is divided over the constitutional law of community supervision. The justices disagree about the nature of a defendant’s liberty under supervision, the rights that apply when the government punishes violations, and the relationship between parole, probation, and supervised release. These divisions came to a head in 2019’s United States v. Haymond, where the justices split 4–1–4 on whether the right to a jury trial applies to revocation of supervised release. Their opinions focused on the original understanding of the jury right at the time the Constitution was ratified.

This Article aims to settle the debate over …

N Y State Dent J January 2024

The New York State Dental Journal

In the January 2024 issue, the reader will find the following feature articles:

• When One Door Closes, Another Opens
• Oral Manifestations of Metastatic Diseases: A Clinical and Histologic Analysis of Seven Cases
• Dentistry Transformed: An Overview of Artificial Intelligence’s Role in Dental Care
• Unlocking the Future of Dentistry: A Summary of AI and Augmented Intelligence in Dentistry from ADA’s White Paper
• Diagnostic Detail: Understanding the Impact of Tooth Rotation in Correcting Mucogingival Defects

This issue includes regular columns with regional news impacting the New York membership including: editorial and perspectives columns, legal, association activities, component news, continuing education opportunities, and …

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

Cultivating Attentiveness To Law In India Through Legal Anthropology, Deepa Das Acevedo, Jahnavi Chamarthi

Socio-Legal Review

This Article reviews and analyses scholarship at the intersection of anthropology and law. The first half of the Article provides context for understanding the boundaries, animating concerns, and tensions that have characterised the anthropology of law as an area of interdisciplinary inquiry. We focus especially on the subdiscipline’s Anglo-American history and show how a promising early period of engagement dissipated as both anthropologists and legal scholars lost enthusiasm for each others’ insights and methods. Then, we expand our analysis outward. Because legal anthropology belongs within, and is increasingly attentive to, the broader field of law and society scholarship, we explore …

Locating Socio-Legal Research In Pakistan: A Reflexive Approach, Maryam S Khan

Socio-Legal Review

This article presents a detailed survey of the sites of emergence and development of socio-legal research in Pakistan, locating it on a historical arc extending from the decolonisation era to contemporary times, and organically tracing its trajectory through contextual shifts in knowledge production more broadly. As such, the article takes a reflexive approach to identifying and classifying the socio-legal that eschews pre-existing benchmarks of what constitutes the field globally. In so doing, it makes the central argument that the meaning and evolution of “socio” in socio-legal is contingent on social and historical context. The article begins with a broad Pakistan-India …

Empirical Examination Of Factors That Influence Official Decisions In Criminal Cases Against Police Officers, Francis D. Boateng, Daniel K. Pryce, Michael K. Dzordzormenyoh, Ming-Li Hsieh, Alan Cuff

Sociology & Criminal Justice Faculty Publications

In the current paper, we examine departmental and court decision-making in criminal cases against police officers. The study has two objectives: 1) to examine variables that impact departmental decisions in criminal cases against police officers, and 2) to examine factors that affect case disposition/conviction decisions by the courts. To achieve these objectives, we analyzed nationally representative arrest data using multiple statistical approaches. The results obtained revealed important patterns that are critical to our understanding of how the courts and police departments decide matters relating to police criminality. For instance, victim characteristics significantly influenced decision-making by both the police agency and …

Debunking Criminal Restitution, Lula Hagos

GW Law Faculty Publications & Other Works

Criminal restitution—the money paid by a defendant to a victim—is often overlooked amidst growing scholarly consensus about the adverse impact of criminal court fines and fees. Restitution receives less attention because it is perceived as a fair and unobjectionable sanction with legitimate goals, while fines and fees are now widely condemned as primarily serving as a funding source for local and state governments. Consequently, the animated and extensive discourse around financial punishment largely excludes criminal restitution.

Though criminal restitution may appear to have legitimate penological purposes, it serves to perpetually punish defendants who are poor—the vast majority of those in …

Sex, Lies, & Videotapes: Denial Of Wrongs Against Women, Laurie S. Kohn

GW Law Faculty Publications & Other Works

“He totally denies it . . . he says it didn’t happen.” With that, former President Donald Trump dismissed all allegations against then-Senate candidate Judge Roy Moore for sexual misconduct with minors. While in office and since then, Trump has repeatedly displayed the power of denial in the face of allegations of wrongdoing toward women. Trump is largely right that denial works. He is not alone in considering an accused’s denial as the end of the story, even in the face of strong contradictory evidence. In doing so, Trump merely echoes a dominant attitude in the United States. Our culture …