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Law School Record, Vol. 66, No. 2 (Spring 2020), Law School Record Editors

Law School Record

• Message from the Dean
• A Dream Deferred, Advanced, and Remembered
• The Boldness of the Bigelow Fellowship
• Listening across Differences
• 'Ultimate Flexibility'
• Promise and Possibility
• The Cartoonists' Guide to Law
• Faculty News: Book published by Todd Henderson and Salen Churi - The Trust Revolution: How the Digitization of Trust Will Revolutionize Business and Government
• Alumni News: Books Published by Alumni in 2019
• Development News: Message from the Associate Dean of External Affairs
• Development News: Kraus-Weigle Fund Stems from an Entire Family's Commitment to Public Service
• Alumni in Memoriam

Not Far Enough: The Rising Elderly Prison Population And Criminal Justice And Prison Reform Following The First Step Act Of 2018, Johnny Thach

Cardozo Journal of Equal Rights & Social Justice

The First Step Act of 2018, while representing a modest advancement in criminal justice reform, falls short of achieving meaningful change, particularly for elderly prisoners and those with disabilities. Despite its provisions for compassionate release and recidivism assessment, the Act is criticized for its restrictive eligibility criteria, lack of retroactive sentencing reforms, and insufficient oversight of the Bureau of Prisons (BOP). The note argues that the Act’s limitations perpetuate systemic issues, such as inadequate medical care and high mortality rates among elderly prisoners, highlighting the need for more comprehensive reforms to address these concerns effectively.

Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 26, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Trafficking People With Disabilities: A Legal Analysis, Christopher Carey, Sarahfina Peterson

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Domestic Violence: A Comparative Analysis Of Legal Statues In The United States (New York) And The Republic Of India (Mumbai), Lenard G. Gomes Esq.

Student Theses

Domestic violence has continued to be a major global issue effecting many if not all countries in the world. The form domestic violence can take varies from country to country. Laws protecting women from domestic violence also differs as a result This research examines how cultural differences impact domestic violence legislations in the United States and the Republic of India. India was chosen as a comparison jurisdiction because of differing demographics and possible variables in that country.

The primary data source for this study were the numerous enacted legislations pertaining to domestic violence that form the legislative landscape on domestic …

Political Theatre: Entertainment Or Instrument Of Social Change?, Olivia M. Matthews

Senior Theses

This paper explores political theatre as a means of conveying information and inspiring action regarding socio-political issues. Through a staged reading of The Exonerated, and subsequent audience discussion and survey, the effectiveness of theatre as a means of commenting on political problems was explored. The conclusion was reached that theatre is uniquely suited for this role due to the emotional human connection forged by seeing examples of real people dealing with the addressed issues.

Spring 2020

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Justin Monahan, Anthony Buckland

Editors: Tiffany Leung, Madison Ranta, Joel Tichinoff

Graphic Design & Layout: Alexandra Fox

Caution - Slow Progress Ahead: Accessing And Researching Tribal Court Opinions, Darla Jackson

Other Faculty Publications

No abstract provided.

The Paradox Of Justice John Paul Stevens, Sonja R. West, Dahlia Lithwick

Northwestern University Law Review

No abstract provided.

Redbird Impact, Vol. 3, No. 1 (Spring 2020), Center For Community Engagement And Service Learning

Redbird Impact

No abstract provided.

Redbird Scholar, Vol. 5, No. 2 (Spring 2020), Illinois State University, Office Of The Vice President For Research And Graduate Studies

Redbird Scholar

No abstract provided.

The Media’S Response To Vaping: Catch-Up For A Failed Response?, Christian Maynard

Honors Theses

Media coverage on vaping has become more negative and more prolific due to the recent ‘vaping epidemic’ that has incurred over 2,000 hospitalization. Research on vaping has been limited. The purpose of this study is to investigate the correlations between vape use increase and media publication increase and the specific focus of the articles. Using secondary data from Monitoring the Future: A Continuing Study of the Lifestyles and Values of Youth conducted in 2016, 2017, and 2018 and data generated through qualitative coding of The New York Times articles on vaping between 2016 and 2018, we find that media publications …

How Effective Are Police? The Problem Of Clearance Rates And Criminal Accountability, Shima Baradaran Baughman

Faculty Scholarship

In recent years, the national conversation in criminal justice has centered on police. Are police using excessive force? Should they be monitored more closely? Do technology and artificial intelligence improve policing? The implied core question across these national debates is whether police are effective at their jobs. Yet we have not explored how effective police are or determined how best to measure police effectiveness.

This Article endeavors to measure how effective police are at their principal function—solving crime. The metric most commonly used to measure police effectiveness at crime-solving is a “clearance rate:” the proportion of reported crimes for which …

Loss Of Self-Control, Dual-Process Theories, And Provocation, Michal Buchhandler-Raphael

Fordham Law Review

Contemporary understanding of the provocation defense views the “loss of self-control” theory as the cornerstone of this partial excuse. In considering whether to reduce murder charges to manslaughter, juries and judges rely on this theory to determine if the defendant lost self-control after experiencing intense emotional arousal and if a reasonable person would have also likely lost self-control in similar circumstances. This Article questions this conventional wisdom by examining the various flaws embedded in provocation’s loss of self-control theory. It argues that the theory is both over- and underinclusive. It is overinclusive because it provides a basis for mitigation in …

A Critical Study Of Geospatial Algorithm Use In Crime Analysis And Predictive Policing, Katy Weathington

Master's Theses (2009 -)

We examine in detail two geospatial analysis algorithms commonly used in predictive policing. The k-means clustering algorithm is used to partition input data into k clusters, while Kernel Density Estimation algorithms convert geospatial data into a 2-dimensional probability distribution function. Both algorithms serve unique roles in predictive policing, helping to inform the allocation of limited police resources. Through critical analysis of the k-means algorithm, we found that parameter choice can greatly impact how crime in a city is clustered, which therefor impacts how mental models of crime in the city are developed. Interviews with crime analysts who regularly used k-means …

The Self-Determined Student: Teaching Students With Exceptional Needs Self-Determination Through Class-Wide Self-Monitoring, Amanda M. Baird

Capstone Projects and Master's Theses

Self-determination is one of the greatest indicators of post school success for all students. It encompasses a range of abilities such as self-regulation, choice making, goal attainment and autonomy. Students with exceptional needs have a significantly lower level of self-determination than typically developing peers. These students struggle to stay on-task, complete tasks, ask for help, and lack the prerequistory skills needed to possess self-determination. Self-monitoring through a class-wide approach has been a successful method in teaching and improving some of the skills of self-determination and promoting on-task engagement. The purpose of this study was to determine if self-monitoring of assessment …

A Bitmoji Marketing Campaign To Connect Students With Subject Librarians, Lauren Puzier, Tyler Norton

University Libraries Faculty Scholarship

The University at Albany Libraries launched a campaign using Bitmojis, cartoon avatars, to connect students with their subject librarians and to increase awareness of the role of subject librarians and the services they provide. The Bitmoji mobile app was the fastest growing app in the United States among adults in 2017; therefore, Bitmojis offered a potentially popular and recognizable way to represent subject librarians. Bitmojis are also highly versatile: they can be personalized, they offer librarians a digital likeness, and they lend themselves to a variety of other formats both physical and digital. This article will introduce the use of …

Transparency Deserts, Christina Koningisor

Northwestern University Law Review

Few contest the importance of a robust transparency regime in a democratic system of government. In the United States, the “crown jewel” of this regime is the Freedom of Information Act (FOIA). Yet despite widespread agreement about the importance of transparency in government, few are satisfied with FOIA. Since its enactment, the statute has engendered criticism from transparency advocates and critics alike for insufficiently serving the needs of both the public and the government. Legal scholars have widely documented these flaws in the federal public records law.

In contrast, scholars have paid comparatively little attention to transparency laws at the …

Judging And Baseball, Merritt E. Mcalister

Northwestern University Law Review

No abstract provided.

Reviving “Dead Letters”: Reimagining Federal Rule Of Evidence 410 As A Conditional Privilege, Peter G. Cornick

Vanderbilt Law Review

Though understudied relative to its fellow specialized relevance rules, Federal Rule of Evidence 410 protects a crucial element of the criminal justice system: plea negotiations. As written, the rule prevents the admission of evidence gathered during plea discussions, which helps assure criminal defendants that their candid discussions with prosecutors will not harm them in any future proceeding. But the Supreme Court has greatly weakened Rule 410, permitting broad waiver of the rule’s protections that run afoul of Congress’s purpose in creating the rule and its plain language. In light of these developments, the Note argues that Rule 410 should be …

Dying For Equal Protection, Teri Dobbins Baxter

UC Law Journal

When health policy experts noticed that health outcomes for African Americans were consistently worse than those of their White counterparts, many in the health care community assumed that the poor outcomes could be blamed on poverty and lifestyle choices. Subsequent research told a different story. Studies repeatedly showed that neither money, nor marriage, nor educational achievement protect African American men, women, or children from poor health. Instead, the disparities were more likely explained by racism. Specifically, multiple studies have shown that experiencing racism has been linked to increased infant and maternal mortality rates, elevated stress levels, and an increased risk …

The Misplaced Trust In The Doj's Expertise On Criminal Justice Policy, Shon Hopwood

Georgetown Law Faculty Publications and Other Works

As should be clear, this is less a book review and more an in-depth exploration of a key point Professor Barkow makes in Prisoners of Politics as applied to the federal criminal justice system. Sure, we need expertise in order to make data-driven criminal justice policy decisions--as Barkow puts it, “[t]he key is to create and foster an institutional framework that prioritizes data” and “expertise” so as to “create incentives for key decisionmakers to be accountable for real results” (pp. 14-15). But in creating reforms, the kindof expertise is also important. Many federal policymakers currently view the DOJ and …

Identity: Obstacles And Openings, Osamudia R. James

SMU Law Review Forum

Progress regarding equality and social identities has moved in a bipolar fashion: popular engagement with the concept of social identities has increased even as courts have signaled decreasing interest in engaging identity. Maintaining and deepening the liberatory potential of identity, particularly in legal and policymaking spheres, will require understanding trends in judicial hostility toward “identity politics,” the impact of status hierarchy even within minoritized identity groups, and the threat that white racial grievance poses to identitarian claims.

Hora De Las Noticias: The Importance Of Spanish- Language News Media For Us Latinos, Barbara Gomez-Aguinaga

Political Science ETDs

This dissertation examines the mechanisms that set Spanish-language (SL) news media apart from mainstream media, and how they influence political behavior and identity among US Latinos. Specifically, it analyzes (1) the role of content coverage of SL news on issue salience, (2) the use of Spanish as a US minority language in the dissemination of information and its effects on Latino identity, and (3) the presence of Latino reporters and its implications on media trust. By leveraging original data collection, including conceptual content analyses and population-based survey experiments, and by engaging in multiple theories from political science and other fields …

Fighting For Power: Class Conflicts In Political Participation, David Foley

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to examine the effect that socioeconomic status has on political participation in the United States. The elite of the United States have been able to amass incomprehensible amounts of power and wealth. From a C. Wright Mill’s conflict theory perspective, those who are in power seek a continuation, and those not in power seek to flip the scales—or at least get even. Using socioeconomic status as focal point of conflict, this study completed varying models of binary logistic regression to unfold the relationship present between socioeconomic status—educational attainment, student status, and household income—with political …

Scaling Community Health Coalitions: The Well Connected Communities Pilot Initiative, Sandra H. Sulzer, Stacey Macarthur, Zurishaddai Garcia, Christine E. Jensen, Suzanne Prevedel, Maren Wright Voss

Journal of Extension

We outline the process and development of the Well Connected Communities health initiative as undertaken in three Utah communities. This transformative community-focused alternative to addressing public health issues through Extension situates local communities as the origin for health decision making. The initiative recognizes the need for varied community statuses (i.e., planner, implementer, and innovator) based on varying levels of readiness and diversity of populations. We concluded that the Utah Well Connected Communities initiative aligns well with the 2014 Extension Committee on Organization and Policy National Framework for Health and Wellness. Replication requirements and implications for other Extension …

Out Of The Archives And Into The Streets: Teaching With Primary Sources To Cultivate Civic Engagement, Jen Hoyer

Publications and Research

This article examines whether teaching with primary sources can cultivate civic engagement by investigating the competencies involved in developing student civic engagement and aligning these with outcomes from teaching with primary sources. Using three examples from Brooklyn Connections, a primary source-based education outreach program that offers a free standards-based and curriculum-aligned school partnership program for grades four through twelve, this case study illustrates the potential for using primary sources to cultivate skills, knowledge, and student agency. Through assessment of these examples in teaching with primary sources using protocols developed for evaluation of programs that focus on developing civic engagement, the …

An Introduction To The Collection [Get In Good Trouble: A Collection Of Essays By Millennial Law Scholars], Verónica C. Gonzales

Faculty Scholarship

Get in Good Trouble: A Collection of Essays by Millennial Law Scholars Introduction by Verónica C. Gonzales-Zamora with essays by Kinda Abdus-Saboor, Ernestine Chaco, Marcus Gadson, Verónica Gonzales-Zamora, Camilo Romero, Lysette Romero Córdova, Morenike Saula, Joseph Schremmer, and Hon. Roshanna Toya. Afterword by Marcus Gadson. In response to the global pandemic, legal education in the United States shifted almost immediately to new tools and methods of delivery. Unsure of the lasting impact of these shifts, law faculty and law students around the country remain in limbo preparing for different scenarios when instruction resumes. Millennial law professors and scholars, with decades …

Masterpiece Cakeshop: A Formula For Legislative Accommodations Of Religion, Matthew A. Brown

Akron Law Review

When two core identities clash, such as sexual orientation and religious belief, which one should prevail? I argue that, rather than picking a winner and a loser, the Supreme Court in Masterpiece Cakeshop allowed for a much broader solution than the Court was able to provide—legislative accommodations rooted in tolerance that protect the dignity of same-sex couples and respect sincere religious beliefs.

In Masterpiece Cakeshop, a Colorado baker refused to design a cake for a same-sex wedding based on his religious beliefs. Instead of picking a broad winner and loser, the Supreme Court ruled narrowly by finding the Colorado …

Global Networks And The Legal Profession, Laurel S. Terry

Akron Law Review

This Article addresses the topic of global legal profession networks. The thesis of this article is that lawyers’ connection to global legal profession networks - meaning the relationships that lawyers and their employers form with individuals and institutions in other countries - is valuable for both the lawyers themselves, and for their clients. Although scholars have written about different kinds of legal profession-networks, this is the first article I am aware of that focuses on the topic of global legal profession networks and seeks to identify the various opportunities that lawyers and their employers have to participate in these kinds …