Digital Commons Network^™

Weaponizing Rhetoric To Legitimate Regulatory Failures, Kat Albrecht, Kaitlyn Filip

FIU Law Review

Pyramid schemes are illegal. According to the courts, they are fraudulent because they must eventually collapse, disappointing or exploiting the members at the bottom. This illegality, largely governed by the Federal Trade Commission (FTC) and the Securities and Exchange Commission (SEC), is narrowly construed to encompass only very specific instances of activity. In particular, we argue that the specificity of the law allows multi-level marketing companies (MLMs) to argue that they are ‘not a pyramid scheme’ both legally and societally in order to obfuscate exploitative conditions within the company. We take LuLaRoe as a case study of the ways in …

Model Legal Processes For Court Ordered Mental Health Treatment - A Modern Approach, Brian D. Shannon

FIU Law Review

The United States Conference of Chief Justices and Conference of State Court Administrators established the National Judicial Task Force to Examine State Courts’ Response to Mental Illness in 2019. As part of its overall efforts, the National Judicial Task Force then partnered with the Equitas Project of Mental Health Colorado to appoint a select workgroup to develop model statutory language for court-ordered mental health treatment, emergency psychiatric intervention, medication over objection, and criminal matters involving persons with mental illness. This Model Legal Processes Workgroup included judges, psychiatrists, medical school professors, law professors, and others whose goal was to draft model …

Differences Among Perpetrators Of Intimate Partner Violence Utilizing Proactive Versus Reactive Aggression, Gabriela Ontiveros, Arturo L. Cantos, K. Daniel O'Leary

Psychological Science Faculty Publications

This research aimed to categorize perpetrator’s aggression as reactive or proactive regarding intimate partner violence and explore the relationship with relevant variables. Victim statements in police reports of 60 predominantly Hispanic male adult perpetrators on probation in South Texas were rated, categorizing statements as reactive or proactive. It was hypothesized that more men would display reactive aggression and it would be associated with severe violence, emotion regulation difficulties, state anger, and impulsivity. The study further suggested that emotion regulation, state anger, and impulsivity would moderate the relationship between severity of violence and reactive/proactive classification, and impulsivity would mediate the relationship …

Judicial Resistance To New York's 2020 Criminal Legal Reforms, Angelo Petrigh

Faculty Scholarship

Scholars have examined judiciaries as organizations with their own culture and considered how this organizational culture can form a significant impediment to the implementation of reforms.²² There is a strong connection between judicial culture and a reform’s ability to accomplish its stated goals. Some go so far as to state that most reforms will fail because of the difficulty in altering judicial culture.²³ These studies sometimes focus on legislators misunderstanding the actual effects of legislation when it was drafted, or on the failure to account for particularities in a law’s implementation by undervaluing the fragmentation, adversarial nature, and …

How Do Prosecutors "Send A Message"?, Steven Arrigg Koh

Faculty Scholarship

The recent indictments of former President Trump are stirring national debate about their effects on American society. Commentators speculate on the cases’ impact outside of the courtroom — on the 2024 election, on political polarization, and on the future of American democracy. Such cases originated in the prosecutor’s office, begging the question of if, when, and how prosecutors should consider the societal effects of the cases they bring.

Indeed, prosecutors often publicly claim that they “send a message” when they indict a defendant. What, exactly, does this mean? Often, their assumption is that such messaging goes in one direction: indictment …

Knowledge Generation And Uncertainty In An Unpredictable Social World, Benjamin David Pyle

Faculty Scholarship

Professor Megan T. Stevenson’s Article, Cause, Effect, and the Structure of the Social World, is an incredibly important, deep, and thought-provoking argument explaining what we can learn about fundamental causal relationships when we observe few interventions with long-lasting, cascading consequences.¹ It is a profound reflection on empirical work in the social sciences.

The Article argues that we have found few, if any, well-identified policy levers that generate outsized, long-term positive impacts for those impacted by the criminal legal system. It offers several explanations for the lack of randomized control trial (“RCT”) evaluations with large, non-mechanical effects, but the …

The Public Defender Movement In The Age Of Mass Incarceration: Georgia's Experience, Robert L. Tsai

Faculty Scholarship

Focusing on the efforts of the Southern Center for Human Rights, this article offers a grassroots history of the creation of the first statewide public defender in the State of Georgia in 2003. Whereas federal court litigation to improve indigent defense failed to achieve lasting reform, a shift in tactics toward “rebellious localism,” characterized by state court lawsuits against county and city officials, succeeded in prodding lawmakers to create a new framework for delivering legal services to indigent defendants. This model of legal change was effective in documenting structural flaws and creating momentum for reform. Yet other conditions—such as front-end …

Trait Self-Control, Ego-Depletion, And Mental Health In Non-Offending Minor Attracted Persons, Amaya Kathia Bonilla

All-Inclusive List of Electronic Theses and Dissertations

Research has focused on understanding the offending behavior of minor attracted persons (MAPs) due to the negative impact their behaviors have on some of the most vulnerable members of society. Further, many different models of impulsivity have been developed to explain these offending behaviors. However, limited research focuses on non-offending MAPs and gaining knowledge about what prevents them from offending. The present study attempted to fill this gap by exploring the relationship between trait self-control and ego-depletion on expression of sexual words. Additionally, the relationship between trait self-control and mental health was assessed. The present study utilized a survey approach …

Economic Thought: A Biblical Perspective, Williams Kwasi Peprah, Lucile Sabas, Quentin Sahly, Delynne Shepard

Faculty Publications

This study joins the debate about whether capitalism or socialism best shows how the Bible sees economic interactions between people and, by extension, provides insights into how a Christian should live. Capitalism is based on the private ownership and control of resources and profit, which spread with the migration process of the Protestants. Socialism is based on the idea that the group or community should own the means of production and distribution to benefit everyone equally. This paper argues that biblical principles point neither to socialism nor capitalism as the appropriate economic framework for economic interactions and the organization of …

2023-2024 Faculty Handbook, Morehead State University. Faculty Senate.

Faculty Senate Records

Morehead State University Faculty Handbook for 2023-2024.

An Examination Of The Legal Responses By United States To Technological Advances In Organized Drug Smuggling, Abdulwahab Aldossary

All-Inclusive List of Electronic Theses and Dissertations

Recent advances in technology have aided terrorists in their ability to smuggle drugs in order to finance their operations. Drug trading routes have changed and so have methods of transportation and financial transaction. This study investigates the improved technology utilized by transnational organized crime groups and how the present laws and policies address the use of the improved technology for drug smuggling. The study will first look into the current models, such as the Counter-Terrorist Funding and Money Laundering model, and understand its weaknesses regarding drug smuggling within the United States. Moreover, the paper will focus on the current laws …

The New Pornography Wars, Julie A. Dahlstrom

Faculty Scholarship

The world’s largest online pornography conglomerate, MindGeek, has come under fire for the publishing of “rape videos,” child pornography, and nonconsensual pornography on its website, Pornhub. As in the “pornography wars” of the 1970s and 1980s, lawyers and activists have now turned to civil remedies and filed creative anti-trafficking lawsuits against MindGeek and third parties, like payment processing company, Visa. These lawsuits seek not only to achieve legal accountability for online sex trafficking but also to reframe a broader array of online harms as sex trafficking.

This Article explores what these new trafficking lawsuits mean for the future regulation of …

Abandoning Animus, Robert L. Tsai

Faculty Scholarship

This Essay presents a preliminary set of arguments against the legal concept of animus grounded in actual practice. After considering the major reasons advanced in support of the animus approach as well as the main objections, I argue that the end of animus may come once we confront the limits of judicial capacity. First, judges have not been willing or able to resort to the animus rationale to call out bigotry where the evidence of hostility is robust. These failures suggest that projects founded upon judicial review to reduce hateful motivations may be overly optimistic. Second, on the occasions the …

Government Lawyers May Be Prime Candidates For College And University Presidencies, Patricia E. Salkin

Scholarly Works

With roughly 4,000 institutions of higher education in the United States, there is a body of literature on leadership in higher education and presidents have been studies and critiqued by biographers and by scholars, yet up until now there has been scarce attention to the documented trend of lawyers leading higher education. Within the subset of lawyer presidents, one major commonality is government law experience in their career prior to the campus presidency. This article explores the unique skills and leadership that government lawyers can offer colleges and universities and provides examples of presidents with former government experience at all …

An Empirical Analysis Of The Link Between Built Environment And Safety In Chicago’S Transit Station Areas, Ahoura Zandiatashbar, Agustina Laurito

Faculty Research, Scholarly, and Creative Activity

Problem, research strategy, and findings: Considering that safety is a key environmental factor that promotes health, understanding the relationship between built environment features around transit station areas and crime may shed light on how to foster healthy communities. Yet, there is limited work that has examined how the combination of different built environment features around transit correlate with different crimes. We addressed this issue in this study using data from Chicago (IL). First, we used cluster analysis to classify stations in Chicago in a spectrum from transit-oriented development (TOD) to transit-adjacent development (TAD) categories depending on their built environment characteristics: …

Family Needs, Family Leave In 2023, Katharine B. Silbaugh

Faculty Scholarship

Instituting support for women and children is a difficult task to imagine in a world that is removing reproductive freedom and healthcare. In this hypothetical, do we treat the removal of abortion care as a force majeure, natural disaster, or an earthquake? If so, after the earthquake, the community bands together and works tirelessly to compensate for what has happened. But the removal of abortion care was not a natural disaster-it was planned, and it is embedded in background conditions that are pushing further away from support for women and children.

The primary task of this Article is to respond …

Prosecution And Polarization, Steven Arrigg Koh

Faculty Scholarship

Domestically and internationally, two prominent contemporary discourses arise in law and society. First, we live in a time of tremendous uncertainty about the nature and function of criminal justice. In the United States, we chronicle mass incarceration, while the international community weighs war crimes prosecutions in Ukraine. Second, we live in a time of polarization, both at home and abroad. Cultural and political division is elevated domestically, while the international community debates fragmentation in a multipolar world.

This symposium contribution to the Fordham Urban Law Journal’s “Future of Prosecution” symposium asks: what does it mean to prosecute in a time …

Pitfalls Of Progressive Prosecution, Carissa Byrne Hessick

Faculty Publications

This Essay examines the political vulnerabilities facing the progressive prosecution movement, arguing that two core features of its public brand—emphasizing a fundamental break from traditional prosecution and pledging to “do less” by shrinking the criminal justice footprint—have inadvertently exposed reform‑oriented prosecutors to intensified backlash. Drawing on recent examples, the Essay shows how framing progressive prosecution as radically different obscures the long-standing prosecutorial tools these offices still rely on, enabling critics to portray routine exercises of discretion as unprecedented or dangerous. It further explains how decarceral commitments make progressive prosecutors easy targets when crime or disorder rises, both because voters may …

Fake And Real People In Bankruptcy, Melissa B. Jacoby

Faculty Publications

This essay explores the bankruptcy system’s structural bias in favor of artificial persons—for-profit companies, non-profit enterprises, and municipalities given independent life by law—relative to humans. The favorable treatment extends to foundational issues such as the scope and timing of debt relief, the conditions to receiving any bankruptcy protections, and the flexibility to depart from the Bankruptcy Code by asserting that doing so will maximize economic value. The system’s bias also contributes to the “bad-apple-ing” of serious policy problems, running counter to other areas of law that have deemed harms like discrimination to be larger institutional phenomena rather than merely the …

The Real Problem With Plea Bargaining, Carissa Byrne Hessick

Faculty Publications

This Response critiques Jeffrey Bellin’s argument that plea‑bargaining reform should focus solely on problems uniquely caused by plea bargaining and instead contends that the practice has fundamentally reshaped American criminal justice in ways that extend far beyond Bellin’s narrow framework. The Response argues that plea bargaining exacerbates systemic issues—including harsh sentencing, coercive leverage, and inaccurate convictions—by insulating legislative excess, weakening trial incentives, and pressuring even innocent defendants to plead guilty. It further maintains that Bellin understates how plea bargaining distorts legislative behavior, affects statutory design, and suppresses political pressure for reform. Most importantly, the Response identifies plea bargaining’s central harm …

The (Local) Prosecutor, Carissa Byrne Hessick, Rick Su

Faculty Publications

The rise of the reform prosecutor has led to a backlash. Many states have sought to circumvent the power of reform prosecutors, others to sanction them, and some to replace them with unelected appointees. These efforts have been met with resistance and, in some instances, with legal challenges. Resolving those challenges may prove difficult because local prosecutors straddle three distinct axes within state governments: the horizontal divide between its branches, the vertical divide between the state government and its local subdivisions, and the constitutional divide between constitutional and statutory offices. This Essay exposes the significant state variation in the legal …

Automated Agencies, Joshua D. Blank, Leigh Osofsky

Faculty Publications

This article presents the first comprehensive study of how federal agencies use automated legal guidance tools—such as chatbots, virtual assistants, and decision-tree systems—to explain complex law to the public. The authors show that while automation offers administrative efficiency and wider reach, it often simplifies or distorts underlying legal rules. Through detailed analysis of agency tools and ten semi-structured interviews with officials, the article demonstrates that automated systems can portray unsettled or complex law as clear, omit exceptions, and answer too narrowly, thereby influencing user behavior in ways agencies neither fully appreciate nor monitor.

The study further finds that agencies lack …

Gender Violence As Legacy: To Imagine New Approaches, Deborah M. Weissman

Faculty Publications

This essay considers gender violence as a consequence of systemic problems rooted in patriarchal structures, transacted through poverty and inequality, and embedded in a historically conditioned political economy. It is informed by the scholarship that propounds the need to develop community responses independent of the carceral system as a means to address the systemic source factors that contribute to Intimate Partner Violence (“IPV”), with attention to restorative and transformative justice approaches (RJ/TJ). This essay advances anti-violence scholarship to suggest the need to reconceptualize gender discrimination, poverty, and inequality as cause and consequence of social ills, and, moreover, to contribute to …

Establishing A Framework For The Ethical And Legal Use Of Web Scrapers By Cybercrime And Cybersecurity Researchers: Learnings From A Systematic Review Of Australian Research, Katie Logos, Russell Brewer, Colette Langos, Bryce Westlake

Faculty Research, Scholarly, and Creative Activity

The Internet has become an increasingly attractive location for collecting data about cyber threats, driven by the abundance of quality data available and accessible online. As such, researchers and practitioners have turned to automated data collection technologies (ADCT), including ‘web crawlers’ and ‘web scrapers’, to study these threats. The rapid proliferation of ADCT has meant directions for their ethical and legal operation have been slow to adapt, with no clear guidelines regulating their use for research. This article identifies the relevant ethical and legal frameworks guiding the deployment of ADCT in Australia for cybersecurity research. This is accomplished through a …

Felony Financial Disenfranchisement, Neel U. Sukhatme, Alexander Billy, Gaurav Bagwe

Vanderbilt Law Review

Individuals with prior felony convictions often must complete all terms of their sentence before they regain voter eligibility. Many jurisdictions include legal-financial obligations (“LFOs”)-—fines, fees, and/or restitution stemming from convictions-—in the terms of the sentence. Twenty-eight states, governing over 182 million Americans, either directly or indirectly tie LFO repayment to voting privileges, a practice we call felony financial disenfranchisement.

Proponents of felony financial disenfranchisement posit that returning citizens must satisfy the financial obligations stemming from convictions to restore themselves as community equals. Moralism aside, others claim low rates of electoral participation among those with felony convictions imply such disenfranchisement is …

Intersections Of Disproportion: A Critical Quantitative Examination Of Dis/Ability And Gender In Black Students’ School Discipline Outcomes, Ceema Samimi, Noah Jefferson, Shelby Flanagan, Yolanda Anyon

Faculty Research, Scholarly, and Creative Activity

This study uses critical race quantitative intersectionality to examine the impacts of gender and dis/ability type on Black students’ school discipline outcomes. We use multilevel logistic regression models to analyze data from a large urban school district, considering the intersectional impact of gender and dis/ability type on school discipline outcomes among Black students (suspension, restorative justice, referral to law enforcement). We found that Black students identified as male, labeled with emotional dis/abilities, or identified as having ADHD were more likely to experience school discipline consequences than those who were not. These findings suggest that gender and dis/ability status are significant …

Qualitative Examination Of Jri Initiatives And Case Processing, Brian C. Renauer, Kelsey S. Henderson, Christopher M. Campbell

Criminology and Criminal Justice Faculty Publications and Presentations

The purpose of this study is to develop a more in depth understanding of the contexts, motivations, and circumstances that impacted the development and implementation of county-specific JRI programing in the state of Oregon. We place a particular emphasis on understanding the factors related to the use of downward departures and variation in approaches. In addition, the study also uncovered broader JRI themes and challenges that impact overall program development, implementation, and future longevity/stability. The report contains 5 sections: 1- Broad Themes Related to County JRI Development and Implementation, 2 -Historic and Contemporary Challenges, 3 - Downward Departure Programs, 4 …

Criminality And Inequity Under Canada's Legalization Of Cannabis: A Study Of Vancouver's Downtown Eastside, Stephanie Lake, Margot Young

All Faculty Publications

The origin of this essay reminds us of the importance of interdisciplinary collaboration to the development and assessment of public policy. It also demonstrates the serendipitous beginnings of many interesting inquiries. This collaboration was thus fortuitous: authors Lake and Young met during Lake’s doctoral dissertation defence. Young was on the examining committee. Lake presented a series of epidemiological studies (three of which are summarized below) involving the use of cannabis for therapeutic and harm reduction purposes among marginalized people who use drugs (PWUD) in Vancouver. Young’s lines of questioning involving the legal implications of Lake’s findings spurred the idea to …

The Gender Of Gideon, Kathryn A. Sabbeth, Jessica Steinberg

Faculty Publications

This Article makes a simple claim that has been overlooked for decades and yet has enormous theoretical and practical significance: the constitutional guarantee of counsel adopted by the U.S. Supreme Court in Gideon v. Wainwright accrues largely to the benefit of men. In this Article, we present original data analysis demonstrating that millions of women face compulsory and highly punitive encounters with the justice system but do so largely in the civil courts, where no right to counsel attaches. The demographic picture that emerges is one in which the right to counsel skews heavily against women’s interests. As this Article …

Understanding Uncontested Prosecutor Elections, Carissa Byrne Hessick, Sarah Treul, Alexander Love

Faculty Publications

Prosecutors are very powerful players in the criminal justice system. One of the few checks on their power is their periodic obligation to stand for election. But very few prosecutor elections are contested, and even fewer are competitive. As a result, voters are not able to hold prosecutors accountable for their decisions. The problem with uncontested elections has been widely recognized, but little understood. The legal literature has lamented the lack of choice for voters, but any suggested solutions have been based on only anecdote or simple descriptive analyses of election data.

Using a logistic regression analysis, this Article estimates …