Digital Commons Network^™

The Incongruence Principle Of Evidence, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

Evidence law assumes that the meaning and value of information at trial is equal to the meaning and value of the same information in the real world. This premise underlies evidence policy, judicial applications of evidence law, and instructions to jurors for evaluating evidence. However, it is incorrect, and the law’s failure to recognize this hinders its aims of accuracy and equality.

In this article, I draw on fields outside of law - including Bayesian inference and cognitive psychology - to develop a model of evidence that describes how jurors combine new evidence with prior beliefs (or “priors”) to make …

Russia, Ukraine, And The Challenge Of Wartime Accountability, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

There has been a notable shift in the emerging Russian perspective on international law and international organizations, a trend that began nearly a decade prior to Russia's invasion of Ukraine. Over this period, Russia has made substantial alterations to its laws, constitution, and international commitments, effectively withdrawing from previously accepted legal obligations. Furthermore, Russia has increasingly rejected fundamental international legal norms and principles with growing fervor.

In the keynote remarks delivered during the Texas Tech Law Review 2023 Criminal Law Symposium, the author delves into this significant shift, providing illustrative examples.

Understanding Criminal Justice Innovations, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

Burgeoning science and technology have provided the criminal justice system with the opportunity to address some of its shortcomings. And the criminal justice system has significant shortcomings. Among other issues, we have a mass incarceration problem; clearance rates are surprisingly low; there are serious concerns about wrongful convictions; and the system is layered with racial, religious, and other biases. Innovations that are widely used across industries, as well as those directed specifically at the criminal justice system, have the potential to improve upon such problems. But it is important to recognize that these innovations also have downsides, and criminal justice …

Procedural Justice And Crime Control: Latinos’ Perceptions Of The Minneapolis Police, Giovanni Veliz

School of Business Student Theses and Dissertations

Deadly encounters between U.S. police and marginalized communities, such as the high-profile deaths of Breonna Taylor in Louisville, Kentucky, and George Floyd in Minneapolis, Minnesota, have resulted in fractured police–community relationships and civil unrest. Elected officials, police executives, and scholars have investigated various strategies to repair these relationships. Efforts to improve public perceptions of law enforcement have frequently focused on procedural justice training and research. Many academic studies and police initiatives have overlooked the perspectives of Latino individuals and communities. This study asks: How do Latinos perceive the police? Do they believe that police treat Latinos and others fairly? Do …

Disrupting Carceral Logic In Family Policing, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

A Perfect Storm: Young People, False Confessions & Prosecutorial Involvement (Response To Dan Medwed's Barred: Why The Innocent Can't Get Out Of Prison), Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Criminal Terms, Anna Roberts

Faculty Scholarship

No abstract provided.

Cross-Generational Effects Of Workplace Spirituality On Employee Job And Life Satisfaction, Bobbie Bannerman, Robin Snipes

Journal of Business, Industry, and Economics

Since the 1990’s, the concept of workplace spirituality has grown in popularity.Contrary to the public notion of spirituality, workplace spirituality does not have much to dowith organized religion but more with the connectedness one has with other people at work.During the COVID-19 pandemic this sense of connectedness has waned, leaving employees witha lower attachment to their organizations. Workplace spirituality has been correlated withemployee job satisfaction, which impacts productivity, customer satisfaction, turnover, andultimately the firm’s bottom line. Job satisfaction also has an impact on one’s overall lifesatisfaction. Results of this study suggest that employee age may moderate the relationshipbetween workplace spirituality …

“Try Getting A Reservation At Dorsia Now, You Fucking Stupid Bastard!” Hegemonic Masculinity In Slasher Films, Samantha Jackson

Capstone Showcase

This thesis aims to analyze and address the prevalence of hegemonic masculinity in the slasher subgenre of horror films. The research consisted of a content analysis of what the internet deemed the ‘best’ ten slasher films of all time. The content analysis was based upon R.W. Connell’s (2005) theory of hegemonic masculinity which stated the existence of hierarchical standards for masculinity that men are expected to achieve. Hegemonic masculinity was categorized into four themes. The themes were sexist ideology, sexual behavior, and physical and emotional violence. The research indicated that emotional violence occurred at the highest rate among the sample …

Annual Credit Checks For Adolescent Youth In Foster Care: Factors Associated With Identity Fraud Victimization, John Gyourko, Johanna K. P. Greeson

Department of Social Work - Faculty Scholarship

Child identity fraud, or the criminal exploitation of a child’s personal data, poses serious risks and challenges for youth in foster care. Despite the 10-year history of a federal mandate requiring state child welfare agencies to conduct annual credit checks for adolescent foster youth (42 U.S.C. § 675), identity fraud has received scant attention in child welfare research. Analyzing a state-level administrative dataset with linked child welfare and consumer credit records, we employed logistic regression to assess demographic and foster care placement factors associated with identity fraud victimization among a statewide population cohort of 1,176 youth (age 14 to …

Chicago's War On Crime, Madison Flores

Public Interest Law Reporter

About one in five U.S. adults say they or someone close to them has had a personal experience with gun violence.¹ Seventy-one percent of Americans also believe gun laws should be stricter.² Most people favor a federal law preventing people with mental illnesses from purchasing guns and a smaller percentage favor a nationwide ban on semi-automatic weapons.³ The debate is not so simply divided between those who want to ban all guns and those who want no restrictions on guns. Rather, many Americans value both preventing gun violence and protecting gun rights.⁴

To understand the atmosphere …

Punishing Poverty: The Inequalities Of Cash Bail And The Move Towards Reform, Emily L. Salamone

Public Interest Law Reporter

No abstract provided.

Felony Disenfranchisement: A Barrier To True Democracy, Anna Baish

Public Interest Law Reporter

No abstract provided.

Looking Inward: Building A Restorative Legal Aid Agency, Andy Froelich

Public Interest Law Reporter

No abstract provided.

2023 Commencement Program, Seattle University

Commencement Programs

No abstract provided.

“Flawed From The Inception”: 167 Years Of Maltreatment At The Charles H. Hickey Jr. School, Caroline R. Alder

Maryland Law Review Online

No abstract provided.

The Opportunity Of Now: Adopting Open Educational Resources In The Sociology Classroom And Beyond, Robert D. Francis, Carleigh E. Hill, Jenise Overmeier

Sociology Faculty Scholarship

There is no better time than now fort sociologists to adopt open educational resources (OER), and sociology as a discipline is well positioned to lead. Adopting OER takes seriously the well-documented financial challenges faced by many students, supports classroom and campus goals of equity and inclusion, and allows for increased instructor flexibility. However, OER are not without their difficulties and limitations. This conversation article suggests four ways for instructors to begin or advance their utilization of OER. Ask your librarian, start with an open textbook, join the existing OER conversation, and incorporate OER within one's broader commitment to inclusive and …

Trauma-Informed Policing: The Impact Of Adult And Childhood Trauma On Law Enforcement Officers, Todd J. Clark, Caleb Gregory Conrad, André Douglas Pond Cummings, Honorable Amy Dunn Johnson

Case Western Reserve Law Review

No abstract provided.

Silencio: The Hispanic/Latino Reticent Approach To Racism

Florida A & M University Law Review

Many Latinos dream of coming to America in search for a better way of life but instead are faced with discrimination based on where they come from, the language they speak, and the pigmentation of their skin. Racial discrimination is one of the most ever-present issues in the United States of America today. Some look at discrimination and believe that it has been “fixed” through our political and judicial processes. However, others know that discrimination is still alive and prominent today. Today, discrimination has manifested itself differently –it is discreet and indirect but still prominent in the daily lives of …

Making America A Better Place For All: Sustainable Development Recommendations For The Biden Administration, Goal 4: Quality Education, Mark Dorosin

Journal Publications

In 2015, the United Nations Member States, including the United States, unanimously approved 17 Sustainable Development Goals (SDGs) to be achieved by 2030. The SDGs are nonbinding; each nation is to implement them based on its own priorities and circumstances. This Article argues that the SDGs are a critical normative framework the United States should use to improve human quality of life, freedom, and opportunity by integrating economic and social development with environmental protection. It collects the recommendations of 22 experts on steps that the Biden-Harris Administration should take now to advance each of the SDGs. It is part of …

Policing The Unhoused, Ernesto A. Longa

Faculty Scholarship

[A]n Albuquerque police officer ordered Joleen Nez, a 37- year-old, unhoused, American Indian woman, “to pick up her litter [from the street] and of the consequences if she did not.” Joleen refused, stating, “It’s not my trash.” The consequences were that Joleen was summoned to appear in court for littering, booked into the Bernalillo County Metropolitan Detention Center (“MDC”) when she failed to appear and declared an in-custody death the next day.These stories and others like them prompted a series of questions. Why are non-violent petty criminal offenders being murdered by police and dying in county jails? What does the …

Banishing Federal Overstep: Why Protecting Tribal Sovereignty Justifies A Narrow Reading Of The Indian Civil Rights Act, Randa Larsen

Minnesota Law Review Vols. 106:2 onward (2021-present)

At the heart of this note_comment is the need to preserve Tribal sovereignty. This note_comment focuses on a lesser-known issue currently being debated in circuit courts: whether Tribes should be permitted to banish Tribal members from their ranks without submitting to the scrutiny of federal courts. Recently, there has been a resurgence in banishment discussions in Indian Country. To justify banishment, an individual’s actions must reach the point that they disrupt Tribal cohesion, the Tribe’s overarching cultural identity, and its bylaws. Banishment comes under federal review when banished individuals file a writ of habeas corpus under section 1303 of the …

Rethinking Victim Participation In International Criminal Tribunals, Julia L. Jacovides

Notre Dame Journal of International & Comparative Law

No abstract provided.

China Informs A 21st Century Definition Of The Rule Of Law, Ashley Topel

Notre Dame Journal of International & Comparative Law

Politicians, lawyers, and academics alike have long been fascinated with the rule of law, but this fascination has never immunized them from the challenges of defining just what the rule of law is. Indeed, defining the rule of law by citing an example, such as the United Kingdom or the United States, remains easier than articulating why those nations have the rule of law and how other nations can advance the ideal within their own boundaries. Still, modern scholarship has led to the creation of three alternative theories of the rule of law–formalist, procedural, and substantive conceptions. A formalist theory …

Switzerland's "Summary Penalty Order" System: Should A Similar System Be Used For America's Minor Crimes?, Kirk Earl

Notre Dame Journal of International & Comparative Law

Jack Ford did not think he was committing a crime when his girlfriend let him spend the night with her at a house in Baltimore. However, what Ford did not know was that the owner of the house had not given permission for the couple to stay there. Ford was arrested and charged with burglary in the fourth degree, which is a misdemeanor in the state of Maryland. Ford’s attorney believed that Ford would have a strong case at trial because he did not know that he was not allowed in the house, so there was no intent to commit …

2023-2024 Course Catalog, University Of Montana--Missoula. Office Of The Registrar

University of Montana Course Catalogs, 1895-2024

An annual catalog of courses and course descriptions offered at the University of Montana.

When Dirty Data Leads To Dirty Policing, Madison Blevins

Law Student Publications

"On May 25th, 2020, George Floyd was tragically killed by police officers in Minneapolis. While George Floyd’s death was the shock that catapulted the Black Lives Matter (“BLM”) movement to the center of international attention, it was also just the tip of the iceberg. Floyd’s death was not the first death of a black person at the hands of the police, nor would it be the last. “A black person is killed by a police officer in America at a rate of more than one [person] every other day.” These repeated incidents across the country have ignited a mass movement …

Prison Housing Policies For Transgender, Non-Binary, Gender-Non-Conforming, And Intersex People: Restorative Ways To Address The Gender Binary In The United States Prison System, John G. Sims

Law Student Publications

“[I]t was the end of the last quarter of 2019 where I was able to drop the lawsuit against the correctional officer who had sexually harmed me when I knew . . . that the carceral state is not the way for me to find healing . . . . I was not going to seek my transformation and restoration through this system.”

Each year, rhetoric and legislation attacking transgender, non-binary, gender non-conforming and intersex individuals seemingly grows louder. Many political institutions in the United States perpetuate and enable the oppression of these individuals, one of which is the United …

State-Sanctioned Displacement: An Interstate Examination Of Felon Disenfranchisement, Claudia Leonor

Law Student Publications

In his dissent of New State Ice Co. v. Liebmann, Justice Louis Brandeis referred to the constituent states of the country as “laboratories for democracy.” He noted that, as sovereign entities within the United States, states are empowered to “try novel social and economic experiments without risk to the rest of the country.” In postbellum American society, states have grappled with Reconstruction and the concomitant dismantlement of a caste system hinging on racism. In convening constitutional assemblies, the states experimented with racism and succeeded. In Southern jurisdictions, racial animus enabled the creation of constitutional frameworks and legislation that would have …

How California's Racial Justice Act Of 2020 Protects Criminal Defendants From Racial Discrimination And Why The Equal Protection Clause Is Not Enough, Hannah Laub

Law Student Publications

The Equal Protection Clause should prevent racial discrimination in the criminal legal system, yet Black people and people of color are disproportionately arrested, prosecuted, and incarcerated in the United States. This is partially due to the heavy evidentiary burden required to demonstrate an Equal Protection violation and the failure of the Supreme Court to ease that burden in McCleskey v. Kemp. With federal law largely ineffective, states such as California have passed legislation to provide more robust civil rights protections. This article explores how the Equal Protection Clause fails to provide a remedy for criminal defendants who experience racial discrimination …