Digital Commons Network^™

The Principle Of Party Presentation, Jeffrey M. Anderson

Buffalo Law Review

Our adversarial system of adjudication is characterized by active parties and (relatively) passive judges; the parties identify the issues in dispute, and the judge decides those issues. Sua sponte decision-making—whereby a judge raises and decides new issues not presented by the parties—undermines this adversarial system. For decades, courts and commentators have struggled to explain when sua sponte decision-making may be appropriate. That issue was particularly important to the late Justice Ruth Bader Ginsburg, who has been described as “The Great Proceduralist.” In a series of oral arguments and opinions during her tenure on the Supreme Court, Justice Ginsburg repeatedly invoked …

To License Or Not To License Reexamined: An Updated Report On Licensing Of Digital Examiners Under State Private Investigator Statutes, Thomas Lonardo, Alan Rea, Doug White

Journal of Digital Forensics, Security and Law

In this update to the 2015 study, the authors examine US state statutes and regulations relating to licensing and enforcement of Digital Examiner functions under each state’s private investigator/detective statute. As with the prior studies, the authors find that very few state statutes explicitly distinguish between Private Investigators (PI) and Digital Examiners (DE), and when they do, they either explicitly require a license or exempt them from the licensing statute. As noted in the previous 2015 study there is a minor trend in which some states are moving to exempt DE from PI licensing requirements. We examine this trend as …

Reshaping The Digitization Of Public Services, Christina J. Colclough

New England Journal of Public Policy

Across the world, public services are rapidly being digitized. However, because of poor public procurement supplier contracts, poor laws, and a lack of governance processes and bodies, and because of competency gaps from all parties involved, digitization is happening in a void. As a consequence, harms are caused and rights are violated, threatening the future of quality public services. From the vantage point of public services as a service as well as a workplace, this article discusses potential remedies to ensure that digitalization does not affect the quality of public services as services and as places of employment. It spells …

Understanding Juvenile Correctional Officers' Perceptions About Safety And Care Of Youth In Their Facilities, Megan Patterson

Theses and Dissertations

There is an increasing need to understand the environment confined juveniles are exposed to in America. This study examines the conditions of confinement for juveniles in detention facilities, mainly focusing on the indices of control, care, quality of life, and programs for confined youths. The study further examines how these confinement conditions are associated with juvenile detention officers’ level of concern with the facility operation. Anonymous Likert scale surveys were administered to active juvenile detention officers. Results from this study provide better insight into understanding performance-based standards in juvenile detention facilities and specify what areas need to be improved for …

Social Determinants Of Health In Pulmonary Arterial Hypertension Patients In The United States: Clinician Perspective And Health Policy Implications, Vijay R. Nadipelli, Jean M. Elwing, Willie H. Oglesby, Karim El-Kersh

College of Population Health Faculty Papers

Social determinants of health (SDoH) can impact the vulnerable pulmonary arterial hypertension (PAH) population, especially during the COVID-19 pandemic. Providers' understanding of SDoH at the point of care and their impact is unknown. We conducted semi-structured virtual interviews with US clinicians at 17 pulmonary hypertension (PH) centers and one patient advocate from the Pulmonary Hypertension Association. We sought participants' perspective on SDoH in PAH and their impact. Transcripts were developed and analyzed for key themes to assess potential policy implications. Participants served a large PAH population and demonstrated high awareness of SDoH and its impact on treatment and outcomes. They …

S.B. 199: Ohio Adopts A Mandatory Sentencing Measure, Louie R. Kindell

University of Dayton Law Review

No abstract provided.

Hiding In Plain Language: A Solution To The Pandemic Riddle Of A Suspended Grand Jury, An Expiring Statute Of Limitations, And The Fifth Amendment, Nicole D. Mariani

University of Miami Law Review

Under the statute of limitations applicable to most federal crimes, 18 U.S.C. § 3282(a), “no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.” That long-standing, generally uncontroversial procedural statute was thrust into the spotlight in 2020, when courts, prosecutors, and criminal defendants confronted an unprecedented and extraordinary scenario.
In response to the COVID-19 pandemic, many federal district courts suspended grand juries to prevent the spread of the highly contagious life-threatening virus through group congregation. Indeed, …

Reed V. Goertz: Brief Of Federal Courts Scholars As Amici Curiae In Support Of Petitioner, Leah Litman, Eve Brensike Primus

Appellate Briefs

This brief is filed on behalf of legal scholars who study federal jurisdiction, federal procedure, and constitutional law, and who have taught and written on the interplay between proceedings in state and federal courts.<\p>

The Court should hold that § 1983 claims challenging the constitutionality of state post-conviction DNA testing statutes do not accrue until the end of state-court litigation denying DNA testing. That is the only rule that comports with principles of federalism and comity, which favor sequencing federal litigation after related state proceedings. Unnecessary co-pendency of state and federal litigation invites unnecessary intrusions into state processes. If a …

Fort Hays State University Tiger Weekly, July 08, 2022, University Relations

Tiger Weekly Newsletters

No abstract provided.

The Bridge, Abigail Petersen

Floodwall Magazine

No abstract provided.

After Pose, Abigail Petersen

Floodwall Magazine

No abstract provided.

1, Madison Waldron

Floodwall Magazine

Madison Waldron is a current forensic psychology Masters student here at UND. She obtained her undergraduate degree from UND in psychology with a criminal justice minor. Along with her passion for science and law, Maddi has a strong passion for photography. Starting photography when she was just 13, she now runs a photography business in hopes to take it full time this summer.

2, Madison Waldron

Floodwall Magazine

Madison Waldron is a current forensic psychology Masters student here at UND. She obtained her undergraduate degree from UND in psychology with a criminal justice minor. Along with her passion for science and law, Maddi has a strong passion for photography. Starting photography when she was just 13, she now runs a photography business in hopes to take it full time this summer.

3, Madison Waldron

Floodwall Magazine

Madison Waldron is a current forensic psychology Masters student here at UND. She obtained her undergraduate degree from UND in psychology with a criminal justice minor. Along with her passion for science and law, Maddi has a strong passion for photography. Starting photography when she was just 13, she now runs a photography business in hopes to take it full time this summer

4, Madison Waldron

Floodwall Magazine

Madison Waldron is a current forensic psychology Masters student here at UND. She obtained her undergraduate degree from UND in psychology with a criminal justice minor. Along with her passion for science and law, Maddi has a strong passion for photography. Starting photography when she was just 13, she now runs a photography business in hopes to take it full time this summer.

5, Madison Waldron

Floodwall Magazine

Madison Waldron is a current forensic psychology Masters student here at UND. She obtained her undergraduate degree from UND in psychology with a criminal justice minor. Along with her passion for science and law, Maddi has a strong passion for photography. Starting photography when she was just 13, she now runs a photography business in hopes to take it full time this summer.

Discretion Operationalized Through Law: Proprio Motu Decision-Making At The International Criminal Court, Kaveri Vaid

Florida Journal of International Law

No abstract provided.

Pirate Accessory Liability: Developing A Modern Legal Regime Governing Incitement And Intentional Facilitation Of Maritime Piracy, Roger L. Phillips

Florida Journal of International Law

No abstract provided.

Time For A Tune-Up: Retooling The 2012 Tip Report In Order To Better Meet International Legal Research Standards, Ashley Feasley

Florida Journal of International Law

No abstract provided.

Use Of Comparative Law In Determining The Customary International Law Of Human Rights, Kenneth S. Gallant

Florida Journal of International Law

No abstract provided.

Ready . . . Fire . . . Aim!: A Case For Applying American Due Process Principles Before Engaging In Drone Strikes, Carla Crandall

Florida Journal of International Law

No abstract provided.

Article 3 Of Interpol's Constitution: Balancing International Police Cooperation With The Prohibition On Engaging In Political, Military, Religious, Or Racial Activities, Yaron Gottlieb

Florida Journal of International Law

This Article aims to analyze the developments concerning the application of Article 3, and the various considerations pertinent to its interpretation. While Article 3 applies to all INTERPOL activities, in practice it has been particularly relevant to INTERPOL’s activities in two domains: first, in the field of processing of information related to police work via INTERPOL’s channels; and secondly, in the context of cooperation with other international entities. This Article will therefore focus on the application of Article 3 and the different tests applied in these two domains.

The Art Of Money Laundering, Hannah Purkey

Florida Journal of International Law

No abstract provided.

Keeping Dealers Off The Docket: The Perils Of Prosecuting Serious Drug-Related Offences At The International Criminal Court, Johan David Michels

Florida Journal of International Law

This Essay argues against the inclusion of serious drug-related offences within the ICC’s subject-matter jurisdiction. Firstly, the conduct does not violate internationally recognized human rights. Secondly, States may legitimately strive to legalize the trade in currently prohibited drugs. Thirdly, the extension of ICC jurisdiction may be less effective in combating the international drug trade than others have argued.

Legal Ramifications Of The War In Gaza, Johan D. Van Der Vyver

Florida Journal of International Law

The purpose of this Article is to highlight the major rules of international (humanitarian) law that have been implicated by the war in Gaza. Needless to say, when applying those rules of law to the empirical facts, and indeed in attempting to evaluate the claims and disclaimers on both sides of the offensive, the issues at stake are extremely complicated. Nor perhaps is the one-sided and almost exclusive condemnation of the Israeli offensive entirely warranted; that is, if the militant actions of Hamas is measured, objectively, against the applicable rules of international humanitarian law.

Regional Approach To Transitional Justice? Examining The Special Court For Sierra Leone And The Truth & Reconciliation Commission For Liberia, Matiangai Sirleaf

Florida Journal of International Law

This Article re-conceptualizes the idea of transitional justice mechanisms as varying approaches meant solely to address the legacy of abuse in one nation, and proposes that transitional justice mechanisms can also encompass regional and transnational efforts to respond to mass human rights violations occurring across societies. This Article focuses on the challenges posed by trials and truth seeking mechanisms in conflicts where massive human rights violations have occurred across nations and argues that where these mechanisms have been established without regard to the regional or transnational nature of human rights violations, such mechanisms will encounter problems of coordination including legal …

Bridging The Divides In International Criminal Proceedings: An Examination Into The Victim Participation Endeavor Of The International Criminal Court, Brianne N. Mcgonigle

Florida Journal of International Law

The position of victims in international criminal proceedings has evolved considerably since the creation of the ad hoc tribunals in the early 1990s. No longer relegated to the role of witnesses, victims before the International Criminal Court (ICC) may actively participate in Court proceedings provided that their participation does not infringe upon the rights of the accused. This Article seeks to examine how the victim participation endeavor is transforming international criminal procedures at the ICC and what effect this transformation has on the rights and roles of parties and participants. Accordingly, it explores two great divides facing the Court: one …

Habeas Relief Abroad: Stare Decisis Or Politics As Usual?, Ariana Wallizada

Florida Journal of International Law

No abstract provided.

Law Schools As Agents Of Change And Justice Reform In The Americas, Jon Mills, Timothy Mclendon

Florida Journal of International Law

As the legal community of the Americas evolves, the role of law schools and legal education must change with it. New realities of globalizing commerce and communication dictate that the legal profession understand and deal with emerging legal relationships. Wherever the future may lead with regard to the various treaties between nations in this hemisphere, like CAFTA, NAFTA, the FTAA, Mercosur, and others, it is obvious that the Americas are drawing irrevocably closer.

How will law schools participate and react? There is, in my opinion, an obligation for universities and particularly law schools to be involved in society and promote …

Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas A. Kahn-Fogel

Florida Journal of International Law

No abstract provided.