Digital Commons Network^™

Breaking Patterns Of Abuse: How Amending The Federal Rules Of Evidence Would Strengthen Domestic Violence Prosecutions, Isabelle Ryan

Roger Williams University Law Review

No abstract provided.

Closing The Door On Housing Discrimination: Why Rhode Island Must Enact A Fair Chance In Housing Act, Jessica Galego

Roger Williams University Law Review

No abstract provided.

Trial By Character, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

In this Article, I argue that courts regularly deviate from Federal Rule of Evidence 404(b), which prohibits character evidence—evidence of a defendant’s past misdeeds offered to prove that the defendant acted in conformity with a certain character trait on the occasion in question. These deviations undermine the fairness of a trial and the presumption of innocence. The Article addresses this problem in three ways. First, it explains how courts have misinterpreted Rule 404(b)—an error that I call the permitted-purpose fallacy—and how they have fortified this misinterpretation with a body of flawed principles and precedent. Second, it reports the results of …

Let’S Modify Safety Valve To Value Family Ties, Laura Ginsberg Abelson

Faculty Journal Articles and Book Chapters

Federal sentencing law has long struggled to balance the breadth of drug conspiracy liability with the prin­ciple of proportional punishment. The statutory “safety valve” provision, codified at 18 U.S.C. § 3553(f) and mirrored in the U.S. Sentencing Guidelines, was designed to provide relief from mandatory minimum sentences for low- level, nonviolent offenders. Yet its requirement that defendants disclose all information concerning the offense sometimes places family-member codefendants in an untenable position: they may avoid harsh penalties only by incriminating loved ones. The requirement also conflicts with other provisions of the Guide­lines that provide guidelines reductions, but not relief from mandatory …

Rethinking Courtroom Presence In The Virtual Era, Jenia Iontcheva Turner

Faculty Journal Articles and Book Chapters

Technological innovation has made virtual appearances by criminal defendants increasingly common. These appearances have advanced efficiency but also raised questions about the scope of both the right and the duty of defendants to be physically present in court. Should judges, for example, be allowed to hold virtual arraignments, even if a defendant wishes to appear in person? Can defendants opt for virtual appearances at will? While courts are beginning to address these questions, they have yet to develop a coherent framework to evaluate when virtual appearances are constitutional and appropriate. This Article seeks to contribute to this project by examining …

Negotiated Outcomes And Abbreviated Trials In Criminal Cases: Balancing Fairness And Efficiency In Three Legal Systems, Michele Caianiello, Jenia I. Turner, Thomas Weigend

Faculty Journal Articles and Book Chapters

Facing expanded criminal dockets, justice systems around the world are looking for ways to expedite proceedings and save resources while still offering credible procedures for adjudicating criminal cases. In the United States, defendants tend to face an all-or-nothing choice between two alternatives: a full trial at which all relevant evidence is presented and examined; or a plea bargain leading to a conviction without any presentation of evidence and the waiver of the defendant’s procedural rights in exchange for a reduced sentence. Even in routine misdemeanor cases, a full trial requires substantial expenditures of resources, and its procedural complexity may be …

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Searches And Seizures Of The Unhoused, Shawn E. Fields

Faculty Scholarship

The United States recorded its largest ever unhoused population in 2024. Acute affordable housing shortages and climate-fueled natural disasters have exacerbated a decades-long unaddressed humanitarian crisis, straining resources in cities and rural areas alike. In response, state and local governments have pivoted to a more punitive approach to houselessness. Draconian "anti-camping" ordinances subject houseless people to fines or arrests while police destroy their property in encampment "sweeps," disconnecting the unhoused from critical social structures. Quality-of-life laws criminalize basic biological functions in public. New York, California, and other states have expanded the reach of involuntary civil commitment procedures, forcibly hospitalizing and …

Beyond The Classroom: Publics Schools As An Essential To Economic And Legal Reform, Oliver Telusma

Florida A & M University Law Review

No abstract provided.

Education For Democratic Citizenship: Separating Purpose From Outcomes, Anne Jegede

Florida A & M University Law Review

American education is failing minority and indigent students because it disproportionately prioritizes academic achievement and economic success over creating democratic citizens and cultivating essential skills such as critical thinking, civic engagement, and cultural understanding.

Associations Between Traumatic Life Events And Substance Use Among Black Men Who Are Incarcerated, Jasmine K. Jester, Brittany Miller-Roenigk, Paris B. Wheeler, Danelle Stevens-Watkins

Educational, School, and Counseling Psychology Faculty Publications

The current study examined associations between traumatic life events, current and lifetime importance of mental health and substance use treatment, and crack cocaine use among 201 Black men who were incarcerated and nearing community reentry. Results indicated age, sexual trauma and lifetime importance of drug treatment were significantly associated with an increased likelihood of crack cocaine use. Substance abuse treatment in correctional settings should consider culturally tailored assessment and treatment for history of unaddressed sexual trauma among Black men who are incarcerated and use crack cocaine.

A Gap In The Cybertipline: Electronic Service Provider Liability And Child Safety, Brianna Evans-Sheehan

NYLS Law Review

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The online exploitation of children is a widespread problem that requires immediate action. This Note proposes that Congress …

The Innocence Trap, Caitlin Glass, Julian Green

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

What makes a conviction wrongful? Developments in DNA science have led to a wave of exonerations over the past thirty years, revealing sources of error in the criminal legal process. Innocence organizations proliferated to represent people whose convictions could be overturned by newly discovered evidence. This is vital work for the individuals who are released and for the purpose of systemic change. At the same time, a focus on exonerations constructs a relatively narrow conception of wrongful convictions—one that is synonymous with factual innocence.

This Article argues that a broader conception of wrongful convictions may be revealed through co-ideation with …

The "Miscarriage Of Justice" Exception To Appeal Waiver Enforcement: Debunking And Demystifying The Circuit Split, Bex Warner

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

Ninety-seven percent of all federal criminal convictions come from a plea agreement, and two-thirds of federal plea agreements contain an appeal waiver. The Supreme Court has held that appeal waivers can be enforced, but not under what circumstances. What happens if a criminal defendant waives their right to appeal and then is sentenced to time incarcerated that is higher than the statutory maximum? Or what happens when a defendant claims counsel was ineffective in giving them advice about entering into the plea agreement? Or when a criminal defendant claims the judge gave them a higher sentence because they are Black? …

Comparative Law: Cases, Text, And Materials, Francesca Bignami

GW Law Faculty Publications & Other Works

This new casebook offers a contemporary approach to the teaching of comparative law.  By integrating an up-to-date set of cases, code texts, and scholarly materials drawn from the civil law and common law traditions, as well as from Islamic law and customary law, it captures today’s dynamic legal landscape.  Beyond the western jurisdictions that typically feature in the general comparative law course, the book gives sustained attention to Brazil, Pakistan, South Africa, and Ethiopia. Subject areas covered are private law, procedural law, labor law, administrative law, digital law, and constitutional law.  Looking to professional life after graduation, this book equips …

Allocation And Governance Of Opioid Response Funding In Rural Kentucky: A Case Study Of The Big Sandy Area Development District, Hayley M. Mccarty

MPA/MPP/MPFM Capstone Projects

The opioid epidemic continues to present significant public health, economic, and administrative challenges throughout the United States, with rural Kentucky experiencing some of the nation's highest rates of opioid-related morbidity and mortality.

Effectively responding to this crisis requires not only adequate financial resources but also transparent governance, coordinated implementation, and accountability for how public funds are distributed.

This study examines the allocation, governance, and implementation of opioid response funding within the Big Sandy Area Development District (BSADD), a rural multi-county region in eastern Kentucky. Using a qualitative case study and policy analysis approach, the research evaluates four primary funding sources: …

Constitutional Structures In Private Law And The Example Of Waste Law, Fraley, Jill M.

Santa Clara Law Review

This Article proposes three criteria for when a private law mechanism performs a structural constitutional function: when it constrains present authority in the name of future stability, when it disperses enforcement to avoid centralized authority, and when it has structural entrenchment to avoid ordinary displacement. While many private law doctrines contain constitutional resonances or echo rights, the core of constitutional law is the power structure—a precondition for the protection of those rights. Constitutional structures have three key components: self-binding through time, separation and diffusion of power, and entrenchment beyond ordinary politics. For a private law doctrine to do more than …

Integrating Routine Hiv Screening Into A Sexually Transmitted Infection Panel At An Opioid Addiction Treatment Facility: A Dnp Clinical Practice Change, Stephanie Bass

Doctor of Nursing Practice (DNP)

People who use drugs are at increased risk of contracting human immunodeficiency virus (HIV) infection, hepatitis B infection, hepatitis C, and sexually transmitted infections (STIs) due to high-risk behaviors, including needle sharing, incarceration, multiple sex partners, and unprotected sex. Individuals with substance use disorders are also at increased risk for liver dysfunction, renal impairment, and other medical comorbidities associated with chronic substance use. Although many organizations, including the Centers for Disease Control and Prevention (CDC), recommend routine screening and laboratory monitoring in high-risk populations, many addiction treatment facilities in the United States lack standardized protocols for bloodborne infection, STI screening, …

2026 Spring Commencement, Georgia Southern University

Commencement Programs

No abstract provided.

Get Out Of Jail Free: The Monopoly Of Big Pharma & Drug Addiction, Melissa E. Morello

Journal of Race, Gender, and Ethnicity

This article analyzes the legal and social parameters of drug addiction and the opioid epidemic, arguing that pharmaceutical companies, lawmakers, and systemic institutions have effectively “gamified” public health, addiction, and their own accountability. It traces the historical trajectory of drug regulation, from early opioid use and racially motivated enforcement policies to the War on Drugs and the emergence of the prescription opioid epidemic fueled by aggressive pharmaceutical marketing. The analysis explores pivotal case law and legislation addressing addiction, highlighting the legal system’s struggle to reconcile criminal accountability with the recognition of addiction as a disease. Throughout this article, there will …

Religion And International Relations: The Concept Of Soft Power And Orthodoxy In Kazakhstan, Ali Ukenov

Occasional Papers on Religion in Eastern Europe

This article examines the role of the Orthodox Church of Kazakhstan (OCK), a constituent part of the Russian Orthodox Church (ROC), within the framework of religious soft power. Following Russia’s invasion of Ukraine in 2022, the relationship between the ROC, Russian foreign policy, and transnational religious influence has attracted increased scholarly attention. Drawing on the concept of soft power and constructivist approaches, the study combines qualitative field research with media content analysis. The empirical material includes twenty semi-structured interviews conducted with Orthodox clergy and active parishioners across Kazakhstan, as well as an examination of the case of former priest Yakov …

Statistical Analysis Of Evidence In Criminal Cases, Giuliana Leon Carrillo

Graduate Theses, Dissertations, and Problem Reports (ETD)

Ideally, the evaluation of relevant forensic evidence must corroborate the hypotheses that the prosecution and/or the defense holds regarding the commitment of a crime. Therefore, optimal forensic evidence would be the one that can be found all the time under the same circumstances, and cannot be found otherwise, making the forensic scientist able to evaluate this evidence given the hypotheses provided. Nevertheless, this is hard to find, as ideal evidence being only a concept.

In this project, the probabilistic interpretation of relevant forensic evidence investigated in criminal cases with the aid of Wigmore charts and Bayesian networks was proposed. Using …

Community Resilience Drives Change, Claudia Rose Dilima

Graduate Theses, Dissertations, and Problem Reports (ETD)

The opioid crisis has impacted many Americans. From 1999 to 2023, approximately 800,000 people have died due to opioid overdose (CDC, 2025). What began as overprescription of painkillers has evolved into a complex social health issue that is now worsened by stronger synthetic drugs like fentanyl. Fentanyl and fentanyl analogs (synthetic opioids that are very similar chemically to fentanyl) are often found in illegal drug supplies and in counterfeit pills (CDC, 2025). Thus, individuals who might have been initially overprescribed painkillers might now be pushed toward illegally produced drugs that are significantly more potent than what they were originally prescribed. …

Improving The Continuity Of Care For Opioid Use Disorder: Investigating Fentanyl Overdose Outcomes And Pharmacy-Level Buprenorphine Access, Lyn Yuen Choo

Graduate Theses, Dissertations, and Problem Reports (ETD)

Opioid overdose (OD) deaths remain a leading cause of injury-related death in the United States (US) and approximately 76,516 drug OD deaths were predicted in the past year prior to April 2025. While previous research has focused on fatal opioid ODs, less is known about outcomes following non-fatal opioid ODs (NFOO) involving fentanyl. Patients who experienced a fentanyl OD may develop significant morbidity and inpatient mortality due to fentanyl’s high potency, rapid onset of action, and decreased response to naloxone. Research efforts to improve continuity of care for opioid use disorder (OUD) are highly needed to ensure appropriate follow-up care …

Unsuccessful? Universal Human Rights And The United Nations: Russian Imperialism In Ukraine And The Post-Udhr International System, Sofiia Novytska

Graduate Theses, Dissertations, and Problem Reports (ETD)

Human universality has always stood as a controversial subject and remains politically contentious today. Following the humanitarian crisis of World War II, the international community was determined to protect the integrity and dignity of people worldwide by developing the United Nations’ Universal Declaration of Human Rights. However, universal human rights were not invented by the Declaration and were already conceptually established in global ancient thought, further evolved into Early Modern scholarship, and later paved the way for modern humanitarian frameworks. The UDHR was not universally well-received, and was criticized for its revolutionary legal character, postcolonial contestation, and practical ambiguity. The …

Beyond The Headlines : Investigating Media Framing Of Malaysian Human Trafficking In Southeast Asia During Covid-19, Muhammad Asim Imran, Kah Choon Ng, Cheng Kin Meng

Journal of Urban Culture Research

This study presents a comprehensive analysis of human trafficking involving Malaysians in Southeast Asia, with a particular focus on Cambodia, Thailand, and Myanmar. Employing a systematic review approach based on the PRISMA methodology, the study examines 63 news records from The Star, covering the period from March to September 2022. The findings reveal a notable increase in media coverage during this time, signaling heightened awareness of Malaysian human trafficking issues. The COVID-19 pandemic emerges as a critical factor exacerbating vulnerabilities and contributing to a surge in trafficking incidents. Malaysians were identified as victims of forced labor in diverse industries, including …

Student Perceptions Of Clinical Psychology Workforce Diversity, Ogochukwu Obi

College of Graduate Studies: Theses & Dissertations

Clinical psychology remains a predominantly White field, with more than four in five current clinical psychology academics and practitioners being White. Increased racial representation in the field could contribute to more culturally responsive treatment research and practice and improved treatment outcomes. Barriers to increasing racial representation exist across all levels of psychology education and careers. The current study focuses on a potential barrier to pursuing a clinical or counseling psychology doctorate for Black undergraduate psychology majors. Research on social identity theory, perceived identity compatibility theory, and social-cognitive career theory show students’ identities can influence career aspirations, educational experiences, and sense …

Plea Bargaining And The Destruction Of Procedural Justice: A Theoretical And Empirical Critique Of Fairness In The U.S. Legal Sphere, Emma Scillitani

Honors Theses

This thesis examines the legal process of plea bargaining as it currently operates within the criminal justice system in the United States. Through both an empirical and theoretical evaluation of this procedure, it analyzes how plea bargaining exists in practice and whether it can be considered a fair mechanism of case resolution. This project investigates the practice on a molecular level through its presence at a county-level court jurisdiction, which represents broader structural implications of the national legal system. Furthermore, it identifies three central factors that drive the overutilization of plea bargaining: power asymmetry, information, asymmetry, and case processing time. …

Constitutional Structures In Private Law And The Example Of Waste Law, Jill M. Fraley

Scholarly Articles

This Article proposes three criteria for when a private law mechanism performs a structural constitutional function: when it constrains present authority in the name of future stability, when it disperses enforcement to avoid centralized authority, and when it has structural entrenchment to avoid ordinary displacement. While many private law doctrines contain constitutional resonances or echo rights, the core of constitutional law is the power structure—a precondition for the protection of those rights. Constitutional structures have three key components: self-binding through time, separation and diffusion of power, and entrenchment beyond ordinary politics. For a private law doctrine to do more than …

Recruitment Of Black Minority Community Into Irish Police: Evaluating The Dynamics Of Culture In Decision-Making., Adeyemi Adekanle

Dissertations

Ethnic and racial diversity in police services has been a focus for criminologists and policing scholars for some considerable time. But despite intense efforts, most multicultural societies still struggle to get Black minority communities recruited into their police services. Two widely held interconnected assumptions appear to be at issue. The first is that police occupational culture, which has been shown in some studies to be prejudicial, is, in many cases, blatantly racist. This may well be a catalyst or “push factor” in discouraging members of Black communities in particular from taking up police careers. The second is that members of …