Digital Commons Network^™

Recognizing Persecution In U.S. Criminal Justice And Capital Punishment: A Potential Path To Asylum Relief For U.S. Nationals, Alexandra Lauren Horn

Florida Journal of International Law

In 2020, amidst a global pandemic, political chaos, and economic recession, the killings of George Floyd and Breonna Taylor, among too many others, brought international attention and outrage to the institutionalized racism which characterizes the U.S. criminal justice system. In a country that claims itself "the leader of the free world," people of color, and Black Americans in particular, are disproportionately policed, arrested, convicted, and, ultimately, executed in a deeply flawed capital punishment system. Asylum law may be an emerging option of relief from this discriminatory practice, especially with the current global support for reform movements. The closest the international …

Is Article 21 Of The Rome Statute An Impediment To The Development Of Sentencing Principles At The International Criminal Court, Colin Flynn

Florida Journal of International Law

Nine individuals have been convicted of various offences at the International Criminal Court (ICC) since 2002. While the ICC has issued hundreds of decisions on procedural and substantive matters, sentencing of those found guilty of offences of war crimes, crimes against humanity, genocide and offences against the administration of justice, has been very much an afterthought. This is largely because the Rome Statute provides limited guidance for the Court in its sentencing matters. Rationales for sentencing focusing on principles to guide the sentencing process are not provided in the Statute. Article 21 of the Rome Statute, titled "Applicable Law', provides …

"The Pain I Rise Above": How International Human Rights Can Best Realize The Needs Of Persons With Trauma-Related Mental Disabilities, Mehgan Gallagher, Michael L. Perlin

Florida Journal of International Law

In this Article, we will first discuss the meaning of trauma in this context, and then consider the impact of international human rights law on the sorts of trauma that persons with mental disabilities typically experience, and will suggest how this body of law might be used as a tool to potentially remediate some of the conditions in question. We will also looks at these issues through the prism of therapeutic jurisprudence, in an effort to determine how we can bring more dignity—and concomitantly, less shame and humiliation—to the population in question, with a special focus on the potential use …

China's Homegrown Free-Speech Tradition: Imperial Past And Modern Present. And Post-Modern Future?, Roy L. Sturgeon

Florida Journal of International Law

No abstract provided.

Innocence Lost: Instituting Harsher International Criminal Court Sentences For Perpetrators Of Sex Crimes Against Children, Rachel F. Braden

Florida Journal of International Law

No abstract provided.

Categorically Caged: The Case For Extending Early Release Eligibility To Inmates With Violent Offense Convictions, Jenna M. Codignotto

St. John's Law Review

(Excerpt)

Susan Farrell faced both physical and sexual abuse from her husband before he was killed in 1989. Although Ms. Farrell maintained her innocence and urged that it was her son who killed her husband, she was convicted of first-degree murder and conspiracy charges, resulting in a life sentence without parole. After serving thirty years of her sentence at the Michigan Department of Corrections, Ms. Farrell’s tragic life met a no less tragic end. In April 2020, one month after COVID-19 was declared a pandemic, Ms. Farrell seized in her cell for forty-five minutes before dying from the virus. She …

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.

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.