Digital Commons Network^™

The Free Exercise Of Copyright Behind Bars, Viva R. Moffat

Washington and Lee Law Review

People in prison produce vast amounts of creative and expressive work—from paintings and sculptures to essays, novels, music, and NFTs—but they are rarely described as artists and their work is often not described as “art.” Prisoners also do not regularly take advantage of copyright law, the primary form of protection for creative works. They should.

Copyright provides a strong set of rights that combines strains of free expression values with elements of property rights. Copyright confers dignitary and expressive benefits and, for some creators, financial rewards. As such, copyright can be a tool to help prisoners improve their lives, both …

Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham

Articles

It is not easy these days to talk about race in America, especially in a diverse group across racial lines. This is because people tend to feel strongly about these controversial issues, and when they disagree, they end up calling each other bad names, and that upsets their stomachs; then, they cannot enjoy the good food and drink that often accompany such events. So many simply choose not to attend, burying their heads in the sand. This Essay discusses several controversial aspects of the relevance of slavery law to issues of racial inequality today. Racial profiling has been a consistent …

The Americans Progress Forgot? An Interdisciplinary Study Of The Role Of Media In Opiate Politics, Rachael M. Erickson

Senior Theses

The most recent opioid crisis in the United States was largely described, by politicians, the media, and subsequently members of the voting public, as being an issue primarily affecting rural White communities. This phenomenon is shaped by the fact that the rate at which White Americans use opiates is outpaced by the frequency with which White American use of opiates is described as an issue of human interest in opinion or editorial articles in news media. In this thesis I aim to understand how the racialized public and political perception of opiate use is shaped by local media.

The following …

Poster Research Days: Preliminary Researching The Potential Cybersecurity Threats By Using Virtual Reality Headsets, Rashaad Couloote

Center for Cybersecurity

This research aims to examine cybersecurity concerns related to Virtual Reality (VR) headsets. Specifically, we will conduct a literature review to identify relevant articles on the topic, which will be analyzed and summarized in detail. In addition, we will explore VR headsets through practical hands-on exercises to better understand their components and general categories. This process will outline potential cybersecurity vulnerabilities and threats associated with VR headsets. This research will provide valuable insights into the current state of cybersecurity for VR technology and inform recommendations for improving security measures to protect users' data and privacy

Research Days Poster: Security Operation Center, Jaineel A. Shah, Jing-Chiou Liou

Center for Cybersecurity

A Security Operations Center (SOC) is an organizational framework for cybersecurity, staffed by cybersecurity professionals who monitor an organization's security, analyze potential or current breaches, and respond accordingly. The SOC's goal is to diagnose, evaluate, and respond to cybersecurity events using technology solutions and established procedures. SOCs mainly operate 24/7, with security analysts monitoring environmental data for emerging threats and responding as needed. The SOC manages and enhances an organization's overall security posture.

The Use Of Prison Labor As Seen Through The United States, Louisiana, And A Specific Case Study On Louisiana State University’S Campus, Tatum Comeaux

Honors Capstones

No abstract provided.

Racial Myopia In [Family] Law, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

Racial Myopia in [Family] Law presents a critique of Family Law for the One-Hundred-Year Life, an Article that claims that age myopia within family law fails older adults and prevents them from creating legal bonds with other adults outside the traditional marital model. This Response posits that racial myopia is a common yet complex phenomenon in almost every area of law, and it presents most often by centering whiteness as the default standard while failing to account for race and its impact on the law. Race—as well as the scholarship that incorporates race into normative family structure and identity—must be …

Research Days Poster: Cyber Threats On The Manufacturing Sector, Afifa Ghouse

Center for Cybersecurity

Manufacturing companies are more vulnerable to internet attacks now that they are more reliant on technology and digital infrastructure. Cyberattacks on the manufacturing industry can have serious consequences, such as production delays, the theft of intellectual property, and damage to one's reputation. At least 437 ransomware assaults occurred in the manufacturing sector in 2022, making up more than 70% of these expensive and disruptive attacks.

Ruptured Alliances: Prosecutorial Lobbying, Victims’ Interests And Punishment Policy In Illinois, Anya Degenshein

Social and Cultural Sciences Faculty Research and Publications

Using a combination of FOIA-requested legislative committee hearings and in-depth interviews, this manuscript investigates the work of Illinois prosecutorial lobbyists in state-level crime policy during a time of penal reform. I find that prosecutorial lobbyists are a regular and influential presence in policy discussions, advocating primarily for 'law and order' policies that expand prosecutorial discretion, even following the Great Recession. I also find that they repeatedly evoke their relationship to crime victims to frame their policy positions for a bipartisan audience. However, attention to discourse reveals that victims’ own interests regularly clash with prosecutorial discretion. These clashes create what I …

Duped By Dope: The Sackler Family’S Attempt To Escape Opioid Liability And The Need To Close The Non-Debtor Release Loophole, Bryson T. Strachan

University of Richmond Law Review

The opioid epidemic continues to rage on in the United States, ravaging its rural populations. One of its main causes? OxyContin. Purdue Pharma (“Purdue”), the maker of OxyContin, aggressively marketed opioids to the American public while racking up a fortune of over $13 billion dollars for its owners,3 the Sackler family. As a result, roughly 3,000 lawsuits were filed against Purdue and members of the Sackler family. Generally, the lawsuits alleged that Purdue and members of the Sackler family knew OxyContin was highly addictive yet aggressively marketed high dosages of the drug and misrepresented the drug as nonaddictive and without …

2023 Research Day Program, Lincoln Memorial University

Research Day

This program contains abstracts and presentation summaries from LMU's 2023 Annual Research Day conference.

Giving The Fourth Amendment Meaning: Creating An Adversarial Warrant Proceeding To Protect From Unreasonable Searches And Seizures, Ben Mordechai-Strongin

University of Michigan Journal of Law Reform

For at least the past 40 years, police and prosecutors have had free reign in conducting illegal searches and seizures nominally barred by the Fourth Amendment. The breadth of exceptions to the warrant requirement, the lax interpretation of probable cause, and especially the “good faith” doctrine announced in U.S. v. Leon have led to severe violations of privacy rights, trauma to those wrongly searched or seized, and a court system overburdened by police misconduct cases. Most scholars analyzing the issue agree that the rights guaranteed by the Fourth Amendment—to be free from unreasonable search and seizure—have been severely eroded or …

Legal Violence And Restorative Justice, Julie Shackford-Bradley

UC Law SF Journal on Gender and Justice

No abstract provided.

Reflection: Dna Forensics And Genealogy, Lori Pierce

Faculty Professional Development Fellowship

No abstract provided.

Federal Law Enforcement Reform: Depoliticization Into A Constitutional Framework To Restore Public Confidence, Christopher J. Boosey

Senior Honors Theses

This thesis proposes that there is a lack of public confidence in federal law enforcement agencies and that this is because these agencies have become political weapons, investigating individuals rather than crimes, in violation of the U.S. Constitution. Following multiple scandals, from the historical targeting of the Civil Rights movement to present attempts to designate parents critical of school administrators as domestic terrorists, wholesale reform of these agencies is urgent. Therefore, this thesis will address the issue of politicization, political corruption, and the lack of adherence to constitutional principles through the problem, significance, and solution method. This thesis will first …

Take The Motherless Children Off The Street: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

Remarkably, there has been minimal academic legal literature about the interplay between fetal alcohol syndrome disorder (FASD) and critical aspects of many criminal trials, including issues related to the role of experts, quality of counsel, competency to stand trial, the insanity defense, and sentencing and the death penalty. Nor has there been any literature about the interplay between FASD-related issues and the legal school of thought known as therapeutic jurisprudence.

In this article, the co-authors will first define fetal alcohol syndrome and explain its significance to the criminal justice system. We will then look at the specific role of experts …

Police Harassment And Latinx Mental Health: The Moderating Role Of Family Support And Nativity, Veronica Lauren Heredia

Master's Theses (2009 -)

Relative to their population size, communities of color experience disproportionate occurrences of harassment (Wilson et. al., 2020). Reports on police killings from 2013 to 2018 display that Black individuals constituted 27.5% of those killed, despite making up only 13% of the population (Siegel, 2020). The U.S. Latinx population is similarly impacted, given reports that they also experience police targeting (Edwards et. al., 2019; Gaston et. al., 2021; Harris et. al., 2020; Zimmerman et. al., 2021). Empirical evidence has shown a positive association between police harassment exposure and depressive and posttraumatic stress symptoms in Latinx populations (Chin et. al., 2020; Del …

Those Who Need The Most, Get The Least: The Challenge Of, And Opportunity For Helping Rural Virginia, Andrew Block, Antonella Nicholas

University of Richmond Law Review

Rural America, as has been well documented, faces many challenges. Businesses and people are migrating to more urban and suburban regions. The extraction and agricultural economies that once helped them thrive—mining, tobacco, textiles—are dying. And, as we discuss below, residents of rural communities tend to be older, poorer, less credentialed in terms of their education, less healthy, and declining in population.

On a regular basis, political leaders on both sides of the aisle, and on national and state levels, make commitments to rural areas to help improve the quality of life for residents, to listen, and to help. Even with …

The Case For Oud Treatment: Why South Carolina's Legislature Should Require The State's Correctional Facilities To Provide Opioid Agonist Medications For Individuals In Their Custody With Opioid Use Disorder, Edward B. Mitchell

South Carolina Law Review

No abstract provided.

Medieval Methods In Modern Times: The Constitutionality Of South Carolina's Senate Bill 200 And The Creation Of A Firing Squad As A Means Of Execution, Halee M. Smith

South Carolina Law Review

No abstract provided.

Tennessee Felon Population Update, April 2023, Tennessee. Department Of Correction.

Felon Population Reports

No abstract provided.

A Diffusion Network Event History Estimator, Jeffrey J. Harden, Bruce A. Desmarais, Mark Brockway, Frederick J. Boehmke, Scott J. Lacombe, Fridolin Linder, Hanna Wallach

Government: Faculty Publications

Research on the diffusion of political decisions across jurisdictions typically accounts for units’ influence over each other with (1) observable measures or (2) by inferring latent network ties from past decisions. The former approach assumes that interdependence is static and perfectly captured by the data. The latter mitigates these issues but requires analytical tools that are separate from the main empirical methods for studying diffusion. As a solution, we introduce network event history analysis (NEHA), which incorporates latent network inference into conventional discrete-time event history models. We demonstrate NEHA’s unique methodological and substantive benefits in applications to policy adoption in …

The Quest To End Human Trafficking: An Educational And Practical Guide For Everyone Who Wants To Help Break The Bonds And Assist Survivors, Dennis W. Mccarty

Emergency Preparedness, Homeland Security, and Cybersecurity Faculty Scholarship

People often assume that only legislators and law enforcement personnel can take meaningful steps to fight human trafficking, one of the most lucrative transnational crimes in the world. This inquiry sought to assess the validity of that belief. The study was informed by the author’s experience as a college instructor of human trafficking and the inspiration he drew from the range and quality of his students’ projects.

The methodology included examining the strategies that governmental and non-governmental organizations are using to fight trafficking and assist survivors. It also considered the work of individual activists and service providers such as social …

Aesthetics Of Slavery & Slave Trade Crimes, Jocelyn Getgen Kestenbaum

Articles

In his insightful new book, Invisible Atrocities, Randle DeFalco examines the aesthetic biases of international criminal law (ICL). DeFalco astutely argues that ICL prioritizes punishing "horrific spectacles" of violence while ignoring less visible, attritive forms of violence that cause similar levels of harm and suffering, generally over longer periods of time. While ICL is selective in its preference for "horrific spectacles," even the spectacular violence has been rendered invisible in ICL when inconvenient factual evidence counters dominant narratives in international law.

One such dominant narrative is the successful abolition of slavery and the slave trade of the nineteenth and twentieth …

Humans Of Nyls: Spring 2023 Collection, Student Bar Association

NYLS Community News

No abstract provided.

Trauma And Linguistic Markers For Symptom Severity In Prolonged Exposure For Primary Care, As Observed Through The Use Of Narrative Review, Robert Alexander Ryan

Theses and Dissertations

Traditional trauma therapies used in the primary care setting (e.g., hospital, medical clinic, etc.) have posed challenges to patient success because they are not designed for the shorter duration treatment that is typical in primary care settings. One alternative solution is the Prolonged-Exposure for Primary Care protocol (PE-PC) that utilizes prolonged exposure using a brief take home assignment and several journaling prompts that are processed using principles from Cognitive Processing Therapy (CPT). Still in its early stages of development, the PE-PC protocol can provide symptom relief in as little as four, 30-minute sessions and reflects one of the first trauma …

More Indicators Of The Falling Support For The Death Penalty, Talia Roitberg Harmon, Michael L. Radelet

California Western International Law Journal

No abstract provided.

Promoting Healing And Avoiding Retraumatization: A Proposal To Improve Mental Health Care For Detained Unaccompanied Minors Through A Best Interests Of The Child Standard, Francesca J. Babetski

William & Mary Law Review

Part I of this Note will describe the circuit split. It will provide background on the A.M. [A.M. v. Luzerne County Juvenile Detention Center] and Doe 4 cases, including an explanation of the major precedents on which the Third and Fourth Circuits based their respective decisions. Then, Part II will argue that A.M. and its deliberate indifference standard cannot appropriately be applied in cases involving detained unaccompanied minors, also called Unaccompanied Alien Children (UACs). This almost twenty-year-old standard does not consider the latest information about immigration policy and the unique mental health needs of UACs such as Doe …

Female Perpetrators Of Ritually Motivated Pedicide And Mutilation Of Children, Chima Agazue

Dignity: A Journal of Analysis of Exploitation and Violence

Ritually motivated pedicide is among contemporary Africa’s most severe crimes against children. Most of these crimes involve brutal acts of violence or mutilation of the victim. While men are most often the perpetrators of violent crimes, ritually motivated pedicide and mutilation equally attract women. The role of women in these crimes is not restricted to the less violent aspects of the crimes; instead, they also extend to the most brutal elements, often involving mutilation, decapitation or outright murder of the victim. This article explored the involvement of women in these crimes that target children for mutilation and pedicide. The article …

When The Victim Is Male: An Organizational Approach To Combat Gender Bias Within The Criminal Justice System, Shelby Hobbs

Senior Capstone Papers

The National Intimate Partner and Sexual Violence Survey estimates that over 226.1 million people have been victims of domestic violence (DV) throughout their lifetimes. This violence can present itself in physical abuse or emotional turmoil, all with the ultimate goal of a perpetrator maintaining power over their victim(s). Rates of victimization across men and women are similar—44.2% and 47.3% respectively; however, this is not reflected in the current research and service provisions for victims. For example, male-identifying victims within the criminal justice system have reported their innocence must be proved before their claims of abuse are taken seriously, and that …