Digital Commons Network^™

Sheriffs, Shills, Or Just Paying The Bills?: Rethinking The Merits Of Compelling Merchant Cooperation With Third-Party Policing In The Aftermath Of George Floyd’S Death, Stephen Wilks

Washington and Lee Law Review

This Article frames the killing of George Floyd as the result of flawed business regulation. More specifically, it captures the expansion of third-party policing paradigms throughout local nuisance abatement regulations over a period of time that coincided with the militarization of policing culture across the United States. Premised on the notion that law enforcement alone cannot succeed in reducing crime and disorder, such regulations transform grocery stores, pharmacies, bars, and other retail spaces into surveillance hubs by prescribing situations that obligate businesses to contact the police. This regulatory framework, however, sustains the larger historical project of rationalizing enhanced scrutiny of …

Taking The Knee No More: Police Accountability And The Structure Of Racism, David Dante Troutt

Washington and Lee Law Review

From before the birth of the republic to the present day, police brutality has represented a signature injustice of state authority, especially against African Americans. Defining that injustice is the lack of accountability for official misconduct. The rule of law has systematically failed to deter lawbreaking by its law enforcement departments. This Article explores the various legal and institutional means by which accountability should be imposed and demonstrates the design elements of structured immunity. Using Critical Race Theory and traditional civil rights law notions of how structural racism operates, this Article argues that transformative change can only come about through …

Risk Assessment And Immigration Court, Richard Frankel

Washington and Lee Law Review

Risk assessment and algorithmic tools have become increasingly popular in recent years, particularly with respect to detention and incarceration decisions. The emergence of big data and the increased sophistication of algorithmic design hold the promise of more accurately predicting whether an individual is dangerous or a flight risk, overcoming human bias in decision-making, and reducing detention without compromising public safety. But these tools also carry the potential to exacerbate racial disparities in incarceration, create a false veneer of objective scientific accuracy, and spawn opaque decision-making by “black box” computer programs.

While scholars have focused much attention on how judges in …

The Prosecutor Lobby, Carissa Byrne Hessick, Ronald F. Wright, Jessica Pishko

Washington and Lee Law Review

Prosecutors shape the use of the criminal law at many points during criminal proceedings but there is an earlier point in the process where prosecutors have influence: during the legislative process. The conventional wisdom in legal scholarship is that prosecutors are powerful and successful lobbyists who routinely support laws that make the criminal law more punitive and oppose criminal justice reform. In this Article, we test that narrative with an empirical assessment of prosecutor lobbying in America. Using an original dataset of four years of legislative activity from all fifty states, we analyze how frequently prosecutors lobbied, the issues on …

Election Emergencies: Voting In Times Of Pandemic, Michael T. Morley

Washington and Lee Law Review

Over the past century, two global pandemics have struck during American elections—the Spanish Flu of 1918 and COVID-19 in 2020. The legal system’s responses to those pandemics, occurring against distinct constitutional backdrops concerning voting rights, differed dramatically from each other. These pandemics highlight the need for states to address the impact of election emergencies, including public health crises, on the electoral process. States should adopt election emergency laws that both empower election officials to modify an election’s rules as necessary to respond to such disasters and set forth “redlines” to identify certain policies that, even in a disaster, are too …

Modernizing Justice: Implementing Blockchain Technology Into The Criminal Justice System To Reduce Mass Incarceration, Maria Rojas

Nova Law Review

No abstract provided.

Nova Law Review Full Issue Volume 47, Issue 3

Nova Law Review

No abstract provided.

Effective Enforcement Of Nuisance Abatement Laws, Michael Flynn, Eleanor Ohayon

Nova Law Review

No abstract provided.

Judicial Discretion Within The Florida Probate Field: Guiding Judges To Find The Proper Balance Between Upholding Attorneys' Fees And Maintaining The Interests Of The Client, Natalie Owchariw

Nova Law Review

No abstract provided.

The Demise Of Agency Deference In Florida Has Produced Mixed Results Regarding Separation Of Powers And Due Process, Federico M. Pohls

Nova Law Review

No abstract provided.

Undergraduate Catalogue 2023-2024, Seton Hall University

Undergraduate Catalogues

No abstract provided.

Living Mercy: Reflecting On The Vocation And Values Of Salve Regina University, Jayme Hennessy, Theresa Ladrigan-Whelpley, Steven Rodenborn, Kelli J. Armstrong, Sean O’Callaghan, Rose Albert, Myra Ellen Edelstein, M Therese Antone Rsm, William P. Leeman, Aïda Neary, Daniel Cowdin, Jameson Chace, Kaitlin Gabriele-Black

Faculty and Staff - Ebooks

With this collection of essays, we honor the vocation and spirit of mercy that has enlivened and guided Salve Regina University for the last 75 years. Inspired by the accomplishments of the past and looking forward to the call of the future, these essays provide a starting point for University-wide conversations to support Salve Regina in discerning how it will move into the increasingly complex challenges of the future. Salve's tradition of mercy is rooted in the example of Catherine McAuley, who founded the Sisters of Mercy in 19th-century Dublin, Ireland. It is a model of faith expressed through action …

Now And At The Hour Of Our Debt: Catholic Dioceses In Bankruptcy, Marie T. Reilly

Catholic Dioceses in Bankruptcy

This presentation explains the law that governs a Catholic organization’s liability to a person who was sexually abused as a child by an actor within that organization’s control. It explains how sexual abuse claimants become creditors with enforcement rights against the organization and its property. When the number of claimants exceeds the organization’s practical and financial capacity to manage on a case-by-case basis—the so-called “mass tort” problem—the potential liability puts the organization’s mission and existence in peril. Bankruptcy is an attractive option through which to negotiate a comprehensive and final resolution of that liability while preserving sufficient resources to survive.

The Gross Injustices Of Capital Punishment: A Torturous Practice And Justice Thurgood Marshall’S Astute Appraisal Of The Death Penalty’S Cruelty, Discriminatory Use, And Unconstitutionality, John D. Bessler

Articles

Through the centuries, capital punishment and torture have been used by monarchs, authoritarian regimes, and judicial systems around the world. Although torture is now expressly outlawed by international law, capital punishment—questioned by Quakers in the seventeenth century and by the Italian philosopher Cesare Beccaria and many others in the following century—has been authorized over time by various legislative bodies, including in the United States. It was Beccaria’s book, Dei delitti e delle pene (1764), translated into French and then into English as An Essay on Crimes and Punishments (1767), that fueled the still-ongoing international movement to outlaw the death penalty. …

Foreword: International Law And The New Cold War, Michael P. Scharf, Emma H. Peters

Case Western Reserve Journal of International Law

No abstract provided.

Legitimate Supra-National Adjudication In The New Era: The Requirement Of Comparative Benefit, Margaret M. Deguzman

Case Western Reserve Journal of International Law

No abstract provided.

International Law And The "New Cold War": An Opportunity For Reflection On International Law And The "Old" Cold War, Todd F. Buchwald

Case Western Reserve Journal of International Law

No abstract provided.

Power Shift: The Return Of The Uniting For Peace Resolution, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

From 'United For Peace' To 'United For Justice?': Reflections On The Power Of The United Nations General Assembly To Create Criminal Tribunals Or Make Referrals To The Icc, Carsten Stahn

Case Western Reserve Journal of International Law

No abstract provided.

Prosecuting Atrocities Committed In Ukraine: A New Era For Universal Jurisdiction?, Yvonne M. Dutton

Case Western Reserve Journal of International Law

No abstract provided.

The Ukraine Crisis And The Future Of International Courts And Tribunals, Milena Sterio

Case Western Reserve Journal of International Law

No abstract provided.

Strategic Plan Year-End Summary 2022-2023, Southern Adventist University

Strategic Plans

Southern Adventist University's Strategic Plan Year End Summary for the year 2022-2023.

Transforming Lives For Eternity: 2023-2028 Strategic Plan, Southern Adventist University

Strategic Plans

Southern Adventist University's 2023-2028 Strategic Plan.

Controlling Images: Black Male And Female Representations, Peyton Gindrow

Capstone Showcase

American culture has a very rich history that has shaped our society in the present day. One thing in history that has stayed with us throughout the years is racism. This phenomenon has had a big impact on our society throughout the years. And if it never came into existence, our world would be a much different place. Racism affects any and everything imaginable. It affects the way we see each other, communicate, and interact with each other. Slavery was a turning point for racism and it allowed for racism to flourish by dehumanizing people just because of the color …

Arcadia Magazine, 2023-01

Alumni Magazine

No abstract provided.

Expanding The Samat In Kentucky Correction Institutions: Benefits And Funding, Blair Lozier

MPA/MPP/MPFM Capstone Projects

The United States has seen an increasing rate of substance use disorder among individuals. Those convicted and incarcerated are more likely to have substance use disorder. With correctional institutions becoming overcrowded, policymakers struggle to find an answer to the number of individuals incarcerated with substance use disorder. The Cabinet of Health and Family Services and the Department of Corrections created Supportive Assistance with Medication for Addiction Treatment (SAMAT) in Kentucky. SAMAT is an addictive services program focused on preventing overdose and relapse and aiding recidivism for individuals with opioid and alcohol use disorder. The SAMAT has been deemed successful through …

The Prison Industrial Complex: A Microcosm Of Environmental Justice As A Human Rights Issue, Isabella Brusco

Scripps Senior Theses

Many scholars have established a connection between Environmental Justice (EJ) and the Prison Industrial Complex (PIC), EJ and human rights, and the PIC and human rights.. The aim of this thesis is to encourage a conversation that connects these three concepts: EJ, the PIC, and human rights. This will be accomplished by scrutinizing a legal case called Rutherford v. Luna, in which American Civil Liberties Union (ACLU) lawyers contend that individuals incarcerated in the inmate reception center of Los Angeles County are enduring inhumane conditions. I employ this case as an example of the PIC, illustrating that the PIC represents …

Renewing Freedom Of Expression, Part Two: From The Contextual Approach To Proportionality Balancing, Jamie Cameron

All Papers

This article continues the project to renew the Charter’s methodology of expressive freedom in two parts. Part One explained that the Court’s approach to s.2(b) decision making is skewed against expressive freedom and must be addressed holistically, under ss.2(b) and s.1. (see J. Cameron, “Resetting the Foundations: Renewing Freedom of Expression under Section 2(b) of the Charter”, in B. Bird and D. Ross, eds., Forgotten Foundations of the Canadian Constitution. (LexisNexis Canada, 2022). Part One provided a critique of the current methodology, addressed the meaning of freedom under s.2(b), proposed a revised standard of breach, and sketched a …

The Role Of Symbolic Politics In Shaping Political Attitudes: A Study Of Trump And Biden's Campaign Speeches, Nimra Asif

Williams Honors College, Honors Research Projects

In this study, five speeches by Donald Trump and six by Joe Biden were comprehensively analyzed for their symbolic politics on immigration and social issues. The data revealed a consistent trend, with Trump featuring a greater number of mentions in comparison to Biden—66 and 26, respectively. Furthermore, Trump's symbolic politics exhibited a predominantly negative tone, while Biden's approach was predominantly positive. The results of this analysis confirm my hypotheses, highlighting notable disparities in the rhetoric employed by each candidate. Trump amplified a negative outlook on social issues and immigration, whereas Biden strategically mentioned and positively framed these issues. This research …

Documenting Classification Systems: A Case Study And Considerations, Christopher Straughn

Library Faculty Publications

There is little literature on documenting the correct application of classification systems. This paper seeks to remedy this gap by describing how Northeastern Illinois University created documentation for their implementation of system that describes Illinois State publications. We recommend creating documentation that is flexible, accessible, and user-oriented. Flexible documentation not only facilitates changes to the documentation, it also allows librarians to take advantage of other uses of this documentation. In our case, the process of documentation produced a near complete listing of Illinois publications and provided the basis for a structural history of Illinois government. Documentation of classification systems not …