Digital Commons Network^™

“Extraordinary” Means Extraordinary: Why Courts Should Refuse To Apply Sentencing Minimum Reductions In Compassionate Release Petitions, J.M. Icasiano

Student Works

No abstract provided.

Jou 3000 : Advanced Reporting, Communication And Journalism

Approved Course Proposals

No abstract provided.

Enhancing Paraprofessional Self-Efficacy And Skill: The Impact Of Trauma-Informed Professional Learning On Support For Middle School Students With Disabilitie, Betsy Jean Paddock

Doctor of Education (Ed.D.)

This Improvement Science Dissertation in Practice explored the impact of a seven-week professional learning series on trauma-informed practices for paraprofessionals and certified educators supporting Students with Disabilities (SWDs) at Smithville Middle School. Grounded in Adult Learning Theory, Transformative Learning Theory, and Trauma Theory, the study employed a mixed methods design to examine changes in participants’ self-efficacy, trauma literacy, and professional collaboration. Quantitative data were collected through pre- and post-surveys using the Teachers’ Sense of Efficacy Scale (TSES) and the Trauma Literacy Survey (TLS), while qualitative data were gathered through reflective journals and focus group discussions. Quantitative results revealed statistically significant …

Secret-Keeping Experiences Of Young Adults, Jace C. Griffith

Theses and Dissertations

In 2020, researchers Frijns et al. called for a new wave of secret-keeping research which prioritized the person-centric experience of youth keeping secrets. This study added to that collection by comparing two kinds of secret-keeping which are not compared in existing research: secrets which are related to abuse, and secrets which are not. Researchers in the field of child welfare study only abuse-related secret-keeping, almost always qualitatively. Alternatively, researchers of non-abuse secret-keeping or general secret-keeping collect almost entirely quantitative data, absent of the personal experience of secret-keeping.

Through an online survey, 205 undergraduate students were asked to reflect on an …

Staff Attitudes Toward Ai Adoption At A Private Research University, Ashley C. Smith

Theses and Dissertations

This study addresses the limited research on university staff attitudes toward artificial intelligence use and adoption. Using the Unified Theory of Acceptance and Use of Technology (UTAUT) research framework, the General Attitudes towards Artificial Intelligence Scale (GAAIS), and quantitative survey methodology, the study examines the attitudes of higher education staff toward AI, specifically examining whether demographic or professional characteristics are factors. The findings indicate that staff had moderately negative attitudes toward AI while also expressing some concerns. The results suggest that more resources and support for AI are needed for staff to address concerns. It also suggests that construct-level analysis …

Mind The Gap: Time To Rehabilitate Section 504 To Prohibit Disparate Impact Discrimination, Shawn Grant

Minnesota Journal of Law & Inequality

No abstract provided.

De-Escalation By Design: Addressing Police Misconduct Involving People With Hidden Disabilities Through Ada Amendments, Bryan Ableman

California Western Law Review

No abstract provided.

Extreme, Outrageous, And Reawakened: Reforming Iied To Address Stalking And Technology-Facilitated Gender-Based Abuse, Tatijana Brienza-Underwood

California Western Law Review

No abstract provided.

The Unrealized Fears Of "Too Much Justice": Disparate Impact And The Future Of Equal Protection In Criminal Sentencing, Janan Burni

California Western Law Review

No abstract provided.

Justice For The Accomplice: Minnesota's 2023 Accomplice Liability Amendment And Its Shortcomings, John M. Thompson

Mitchell Hamline Law Review

No abstract provided.

Premium Injustice: Addressing The Harms That Cash Bail Premiums Inflict On The Non-Convicted, Jeffery L. Young

Mitchell Hamline Law Review

No abstract provided.

A Qualitative Interpretive Meta-Synthesis On The Lived Experiences Of Labor Trafficking Survivors, Paola T. Chavez Reyes

Social Work Theses

Across the globe, an estimated 27.6 million people are in forced labor. Despite this widespread prevalence, labor trafficking (LT) in the United States remains difficult to identify and is often overlooked. This study aims to synthesize LT experiences of survivors and providers accounts at the point of recruitment and during victimization to inform identification efforts. A qualitative interpretive meta-synthesis was conducted using directed content analysis guided by Social Cognition Theory. Peer-reviewed studies documenting LT survivor experiences from 2013-2025 were systematically analyzed to identify the interaction between cognitive processes, environmental influences, and behavioral responses. Across seven studies, the findings reveal that …

What Truly Drives Graduate Earnings?, Aiden Akbarov

High Impact Practices Student Showcase Spring 2026

The goal of my project, Predicting the Paycheck: What Factors Truly Influence Graduate Earnings?, was to see if we could actually predict a college graduate's starting salary using data instead of just guessing. I used a dataset of 172 majors from the American Community Survey to look at how a student's field of study, the gender balance of their major, and the current job market all impact their first paycheck. I wanted to create a tool that helps students understand the financial reality of their degree before they even graduate.

To get my results, I used a Multiple Linear Regression …

Does Voluntary Manslaughter Exist In South Dakota?, Gregory Brazeal

Faculty Publications

The American legal tradition generally distinguishes between cold-blooded, premeditated intentional killing and hot-blooded, spontaneous intentional killing. The former has traditionally been categorized as murder and the latter as the lesser crime of “voluntary manslaughter.” South Dakota’s homicide statutes, interpreted based on their plain meaning, depart from this deeply rooted tradition. The closest equivalent to the crime of voluntary manslaughter appears in South Dakota’s first-degree manslaughter statute, which includes a prohibition on homicide “[w]ithout any design to effect death . . . and in a heat of passion, but in a cruel and unusual manner.” The phrase “heat of passion” suggests …

The Deepfake Dilemma: Fake Images, Real Victims, And The Legal Void In Addressing Non-Consensual Deepfake Pornography, Elizabeth A. Safaryn

William & Mary Journal of Race, Gender, and Social Justice

This Note evaluates the various legal remedies available to victims of non-consensual deepfake pornography. As deepfakes are a relatively new but rapidly advancing technology, it is difficult for the law to keep up with the mass creation and distribution of AI-generated images on the Internet. With the competing interest of constitutionally protected speech, current deepfake laws fail to address non-consensual intimate image sharing (NCII) explicitly and lack the necessary deterrent effect to curb their proliferation. With an initial background on deepfakes and machine learning, this Note then explores the strained relationship between the First Amendment and the available civil remedies …

Export Controls As Intellectual Property Regulation, Doni Bloomfield

Faculty Scholarship

Export-control laws have long regulated information created outside of the U.S. government. Legal scholars have paid little attention to these national-security laws, and have not recognized that the government uses them specifically to assert a right to suppress information held in patent applications and trade secrets. In this Article, I present a new history of the relationship between export controls and intellectual property to show how the government regulates IP transfers, and how the state uses IP laws to national-security ends. Export-control laws regulate IP by controlling how people in the United States and beyond can share or use inventive …

Sauce For The Gander: The False Symmetry Of Myths And Stereotypes Against The Accused In Sexual Assault Trials, Janine Benedet

Dalhousie Law Journal

As sexual assault laws evolved to be expressed in sex-neutral language, so too have arguments relating to myths and stereotypes in the context of sexual offences. This article evaluates the argument that myths and stereotypes, traditionally a reflection of systemic discrimination against female complainants in rape trials, also operate against male accused. Understood correctly, this trend repackages anti-feminist backlash to early equality reform efforts, ultimately working to revive the belief that women’s accusations of sexual assault are often false. The Supreme Court of Canada’s decision in R v Kruk affirms that this historical context matters when it comes to claims …

Chapter 1 - Introduction And Overview, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

This Trial Manual is a how-to-do-it guidebook for handling criminal cases from beginning to end. It provides a compact guide through the stages of an ordinary criminal case, from arrest and investigation to appeal. Its focus is upon the key points at which defense counsel must make decisions and take actions. Options and factors to be considered in each decision, and steps that can be taken to assert a client’s rights and protect the client’s interests at each stage, are laid out.

Table Of Contents, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

TABLE OF CONTENTS
PART ONE: INTRODUCTION AND OVERVIEW (Chapters 1-2)
PART TWO: INITIAL STAGES OF THE CASE THROUGH ARRAIGNMENT (Chapters 3-16)
PART THREE: PROCEEDINGS BETWEEN ARRAIGNMENT AND TRIAL (Chapters 17-31)
PART FOUR: TRIAL (Chapters 32-46)
PART FIVE: POST-TRIAL (Chapters 47-49)

Chapter 6 - Interviewing The Client, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

The first interview with a criminal client is probably the most important exchange that counsel will have with the client. It largely shapes the client’s judgment of the lawyer. Any initial impressions counsel makes may be indelible. At the least, this interview will strongly affect all future dealings between the two. The lawyer’s primary objective in the initial interview is to establish an attorney-client relationship grounded on mutual confidence, trust, and respect.

Chapter 7 - Case Planning, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

This chapter is designed to assist counsel in forming a plan of action and implementing it. Every case is unique in its facts and in the series of tasks that must be performed to prepare it for trial. But some generalizations are possible regarding techniques and considerations that can usefully guide counsel’s strategic planning. Section 7.2 describes a process for developing a theory of the case and explains the ways in which counsel can use the defense theory to guide the vital fact-gathering process (§ 7.2.2 infra), the selection and drafting of motions (§ 7.2.3 infra), and the actions that …

Chapter 5 - State-Paid Assistance For The Defense: Obtaining State Funding For Counsel’S Time And For Defense Services, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

As explained in § 2.3.4.2 supra, indigent defendants have a Sixth Amendment right to court-appointed counsel in all felony cases (Gideon v. Wainwright, 372 U.S. 335 (1963); Johnson v. Zerbst, 304 U.S. 458 (1938)) and on any charges of misdemeanors or petty offenses for which a term of imprisonment is going to be imposed as a result of conviction, “‘even for a brief period’” (Alabama v. Shelton, 535 U.S. 654, 657 (2002)), including cases in which the court imposes “a suspended sentence that may ‘end up in the actual deprivation of a person’s liberty’” (id. at 658) in the event …

Chapter 9 - Defense Investigation, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

Investigation is counsel’s principal means for obtaining and vetting the information s/he needs. Although there are other fact-gathering tools – formal discovery proceedings (see Chapter 18); motions practice (see Chapter 19); plea-bargaining discussions (see Chapter 15); informal interchanges with a prosecutor (see § 7.2.2 supra) – they tend to be less reliable and comprehensive than independent defense spadework: meticulously searching the streets, paper and electronic files and records, and the internet. One key component of defense investigation, the interview with the client, is discussed in Chapter 6. The following aspects of investigation are discussed in the present chapter: locating and …

Chapter 11 - Preliminary Hearing, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

The first judicial appearance of the defendant is called the preliminary hearing (or, in some States, the commitment hearing or the examining trial). This is the proceeding described in §§ 2.3.3-2.3.5, 2.4.2 supra. A magistrate (or a justice of the peace, municipal court judge, or other member of the minor judiciary) usually presides, although in most jurisdictions judges of courts of record also have statutory authority to sit as committing magistrates (see § 11.6.2 infra). Arrested defendants are brought before the magistrate for a preliminary hearing shortly after arrest. See §§ 11.1.1, 11.1.2, 11.2 infra. Summoned defendants are required by …

Chapter 13 - Defense Procedures After The Filing Of The Charging Paper And Before Arraignment, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

Contains "Checklist of the Steps To Take During the Period Between the Filing of the Charging Paper and Arraignment", with further elaboration in subsequent sections.

Chapter 15 - Guilty Pleas: Preparing For And Conducting Plea Negotiations; Counseling The Client About A Plea Offer, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

This chapter examines the processes by which counsel prepares for and conducts plea negotiations with the prosecutor and advises the client about a bargained plea. The chapter leads off with a discussion (in § 15.2) of the relative roles of counsel and client in deciding whether the client should plead guilty rather contesting a criminal charge. Part B (§§ 15.3-15.7) discusses the benefits and costs to a defendant of resolving a criminal charge by pleading guilty. It then reviews the factors that counsel should consider in developing an advantageous plea bargain to propose to the prosecutor or in assessing a …

Chapter 8 - Dealings With The Police And Prosecutor, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

Counsel should usually establish contact with the investigating officers as early as possible in the course of a case. Thereafter, s/he should speak to them whenever the needs of the client dictate. Similarly, counsel should establish contact with the prosecuting attorney as soon as one is assigned to the case and should communicate with him or her periodically thereafter. The purposes of these contacts are (a) to learn as much as possible about the charges against the defendant (those already lodged and others that may later be lodged) and potential prosecution evidence; about the temperament of the prosecutor and of …

Chapter 21 - Removing The Case From The Criminal Court’S Docket: Motions For Diversion, Acd, Or Stetting; Transfer To Juvenile Court; Deferred Adjudication, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

As noted in §§ 2.3.6 and 8.2.2 supra, many localities have more or less formal procedures for “diverting” criminal cases out of the system. Such diversion procedures go by different names in different jurisdictions (including “adjournment in contemplation of dismissal” (“ACD”) and “stetting”)

Chapter 22 - Change Of Venue Or For Disqualification Of The Judge, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

The general principles governing initial venue in criminal cases are sketched in § 20.5 supra. As that section indicates, a charging paper filed in the wrong venue is usually subject to a motion to quash or to dismiss. In some jurisdictions, however, the defendant’s remedy may be merely a motion for transfer to the court of proper venue. Statutes, court rules, local practice, canons of judicial ethics, and opinions rendered by a jurisdiction’s professional-ethics committee or agency provide varying grounds and procedures for objecting to a particular judge’s presiding at trial or on pretrial matters.

Chapter 17 - Defense Procedures And Considerations Between Arraignment And Trial, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

Contains sections on: "Checklist of Matters for Counsel to Consider Between Arraignment and Trial", "Selecting and Drafting Pretrial Motions: Strategic and Practical Considerations" and "Resisting Prosecution Attempts to Freeze a Defendant’s Assets".