Digital Commons Network^™

Detention By Any Other Name, Sandra G. Mayson

Duke Law Journal

An unaffordable bail requirement has precisely the same effect as an order of pretrial detention: the accused person is jailed pending trial. It follows as a logical matter that an order requiring an unaffordable bail bond as a condition of release should be subject to the same substantive and procedural protections as an order denying bail altogether. Yet this has not been the practice.

This Article lays out the logical and legal case for the proposition that an order that functionally imposes detention must be treated as an order of detention. It addresses counterarguments and complexities, including both empirical and …

Bay Area Lgbtq+ Millennials: The Newest Generation Leading The Gay Civil Rights Movement, Sara Miyo Hall-Kennedy

Dissertations

Purpose: The purpose of this phenomenological study was to explore and describe the lived experiences of LGBTQ+ millennials that influenced their participation in the gay civil rights movement in the Bay Area of California. Another purpose of the study was to explore and describe the recommendations LGBTQ+ millennials have for the future of the national gay civil rights movement.

Methodology: A qualitative analysis of the data from a combination of both social movements and symbolic interactionism theoretical perspectives was conducted. Data for this study was generated through the synthesis and triangulation of the thematic coding of 12 interviews conducted by …

Characteristics Of Notes Taken During The Employment Interview And Their Impact On Organizational Outcomes, James T. Mundell

Dissertations

Note-taking during the interview process has been recommended by both academics and practitioners. However, little research on note-taking in employment interviews exists. Although the limited amount of research points to the benefits of note-taking, characteristics of the notes taken have not been studied in detail and in relation to many organizational outcomes. As such, this study examined characteristics of note-taking (including job relatedness, detail, and valence) and their impact on interview question scores, hiring recommendations, hiring decisions, employee performance, and turnover. Archival data from an organization was utilized and the notes taken during employment interviews were coded to better understand …

Celebrating Robert Cochran And The Future Of "Embodied" Christian Legal Scholarship, Barbara Armacost

Pepperdine Law Review

The occasion for this Article is a festschrift for Professor Robert (“Bob”) Cochran. I celebrate Bob’s significant scholarly contributions to the maturing of Christian Legal Scholarship. He applied a Christian perspective to legal issues, hosted conferences, mentored Christian Legal Scholars, and edited books of essays featuring Christian perspectives on law. Bob’s work in this area had a huge influence on the flourishing of Christian Legal Scholarship. This Article considers the future of Christian Legal Scholarship. It enters an ongoing conversation (disagreement) between law Professors David Skeel and David Caudill. In a 2008 article, Skeel defined Christian Legal Scholarship so narrowly …

"Agape" And The Life And Work Of Robert F. Cochran, Jr., Angela C. Carmella

Pepperdine Law Review

The life and work of Robert Cochran can be summed up in one word: discipleship. Professor Cochran’s work reflects deeply on Jesus’s words and ministry—His agapic love for all humanity—as they relate to the substance of law and its administration. Professor Cochran’s work establishes two important principles: the need to focus on Jesus’s love as the starting place for analysis and the need to reclaim justice as a central Christian concept. His many volumes help us to understand how it is possible to comprehend lawmaking as an act of agapic love. Further, they provide a roadmap for the Christian’s journey, …

Police Sexual Violence: A Few Bad Apples Or A Cultural Norm?, Philip M. Stinson, John Liederbach, Robert W. Taylor, Chloe Wentzlof, Natalie M. Wise, Bethany R. Sager, Marta Bettinelli

Criminal Justice Faculty Publications

Approximately 1,600 police officers across the United States were arrested for sex-related crimes during the ten year period 2005-2014. The arrested officers were employed by more than 1,100 state and local law enforcement agencies located in all fifty states and the District of Columbia. These data suggest that police sexual violence is a problem involving more than a few “bad apples” and that the phenomenon of police sexual violence may be a cultural norm within many state and local law enforcement agencies.

This presentation was accepted for presentation at the annual meeting of the Academy of Criminal Justice Sciences in …

Mathematics Identity And Achievement Among Black Students, Lidia Gonzalez, Shawnda Chapman Brown, Juan Battle

Publications and Research

Employing data from the National Center of Educational Statistics’ (NCES) High School Longitudinal Study (HSLS) and utilizing critical race theory and intersectionality as theoretical frameworks, this article interrogates the relationship between mathematics identity and math success for a nationwide sample of Black secondary school students. More specifically, hierarchical regression modeling is employed to examine the relative impact of math identity, demographic variables, and school/parent social capital variables on the math grade point averages of this sample. The article ends with a discussion of specific steps for teaching mathematics that put the identity of those from traditionally marginalized communities at the …

Righting The Wrongfully Convicted: How Kansas's New Exoneree Compensation Statute Sets A Standard For The United States, Scott Connolly

St. John's Law Review

(Excerpt)

Part I of this Note will document the increasing prevalence of exonerations and provide a perspective on how significantly the landscape of postconviction justice has developed since the late 1980s. Such developments include DNA testing, greater awareness of false confessions, and a more thorough understanding of the unreliability of eyewitnesses. Part II will demonstrate the devastating impact that wrongful imprisonment has on exonerees. Finally, Part III of this Note will provide a snapshot of the current landscape of exoneree compensation laws. It will highlight the fact that many of the laws that exist do not provide sufficient resources and …

Dna Is Different: An Exploration Of The Current Inadequacies Of Genetic Privacy Protection In Recreational Dna Databases, Jamie M. Zeevi

St. John's Law Review

(Excerpt)

Part I of this Note discusses the fundamental science behind DNA and defines and explains the process of familial DNA searching. Part I also discusses how Carpenter v. United States provides a framework to begin thinking about the unique nature of DNA and privacy implications for its use, and why the revealing nature of this type of data warrants protection. Part II of this Note delves into the lack of constitutional and statutory protections for DNA in recreational DNA databases. First, Part II explains that traditional Fourth Amendment concepts, like search warrants, probable cause, reasonable expectation of privacy, third-party …

Historical Society Program: Illustrious Alumni Of St. John's University School Of Law, Judge Carmen Beauchamp Ciparick, John Q. Barrett, Justice Randall T. Eng, Michael A. Simons, Chief Judge Janet Difiore, Judge Mary Kay Vyskocil

St. John's Law Review

No abstract provided.

Reflecting On Clinical Legal Education At The Indigenous Community Legal Clinic, Patricia Barkaskas, Melanie Alcorn, Ryan Adair, Kate Gotziaman, Jennifer Mackie, Madeleine Northcote, Victoria Wicks

Journal of Law and Social Policy

No abstract provided.

Accle And Bill C-75: Implications For Student Legal Clinics & Communities In Canada, Jillian Rogin, Gemma Smyth, Johanna Dennie

Journal of Law and Social Policy

No abstract provided.

Home, Precarious Home: A Year Of Housing Law Advocacy At A Saskatoon Legal Clinic, Sarah Buhler, Catriona Kaiser-Derrick

Journal of Law and Social Policy

This article discusses the impacts of housing law advocacy by clinical law students at Community Legal Assistance Services for Saskatoon Inner City (CLASSIC) through an analysis of CLASSIC’s 2017 closed housing law files. Our analysis shows that law student advocacy at the Office of Residential Tenancies (Saskatchewan’s housing law tribunal) is often associated with decisions in favour of tenants. This is consistent with studies that show that full legal representation is associated with improved litigation outcomes for clients. But our analysis also demonstrates the numerous limits to individual advocacy in housing law contexts. Our study contributes to the literature about …

Cross-National Incarceration Rates As Behavior Of Law, Christopher J. Marier

USF Tampa Graduate Theses and Dissertations

Incarceration rates vary substantially around the world. However, systematic cross-national comparisons examining such variation are rare. Using Donald Black’s theory of law, and further informed by other theories in the sociology of punishment with conceptual overlap, the purpose of this study is to evaluate the structural and cultural factors that influence incarceration rates around the world. Using data from the World Prison Brief, World Values Survey, CIA World Factbook, and other international datasets, this study evaluates a series of ordinary least squares regressions in 66 nations. This study is one of few macrosocial tests of Black’s theory of law to …

The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala

Duke Law & Technology Review

No abstract provided.

Doing Field Work, Sarah Moss

The Voice

No abstract provided.

Making A Difference, Sarah Moss

The Voice

No abstract provided.

Winonan, Winona State University

The Winonan - 2020s

The Winonan student newspaper issue for March 25, 2020 was delivered through a blog format. This is a PDF of the Winonan blog articles.

Identity, Stigma, And Social Reaction, Daniel Kavish

Faculty Articles & Research

No abstract provided.

Summer And Fall 2020 Law, Justice & Culture Undergraduate Courses Including Online, Ohio University College Of Arts & Sciences

All Forum Articles

No abstract provided.

Catch Up On Your Reading With One Of These 13 Books Authored By Cas Faculty, Staff

Browse All News

No abstract provided.

Hist 320-002: Law And Evidence (Revised For Remote Learning), Alison Lefkovitz

History Syllabi

No abstract provided.

Frsc 307-102: Crime Scene Investigation And Lab (Revised For Remote Learning), Kevin Parmelee

Chemistry, Environmental and Forensic Science Syllabi

No abstract provided.

Secret Conviction Programs, Meghan J. Ryan

Washington and Lee Law Review

Judges and juries across the country are convicting criminal defendants based on secret evidence. Although defendants have sought access to the details of this evidence—the results of computer programs and their underlying algorithms and source codes—judges have generally denied their requests. Instead, judges have prioritized the business interests of the for-profit companies that developed these “conviction programs” and which could lose market share if the secret algorithms and source codes on which the programs are based were exposed. This decision has jeopardized criminal defendants’ constitutional rights.

Strategies For Emergency Release Of Incarcerated People During Covid-19 Outbreak, Sara Alvarez, Andrew Kopke, Mariel Stein, Meg Tiley

Student Articles & Notes

Students in Cardozo's Criminal Defense Clinic partnered with the Office of the Appellate Defender to outline legal strategies to advocate for the release of incarcerated people who are vulnerable to harm from COVID-19.

State V. Breedlove Respondent's Brief Dckt. 47244

Not Reported

No abstract provided.

The Bar Exam And The Covid-19 Pandemic: The Need For Immediate Action, Claudia Angelos, Sara J. Berman, Mary Lu Bilek, Carol L. Chomsky, Andrea A. Curcio, Marsha Griggs, Joan W. Howarth, Eileen Kaufman, Deborah Jones Merritt, Patricia E. Salkin, Judith Welch Wegner

Publications and Research

The novel coronavirus COVID-19 has profoundly disrupted life in the United States. Among other challenges, jurisdictions are unlikely to be able to administer the July 2020 bar exam in the usual manner. It is essential, however, to continue licensing new lawyers. Those lawyers are necessary to meet current needs in the legal system. Equally important, the demand for legal services will skyrocket during and after this pandemic. We cannot close doors to the profession at a time when client demand will reach an all-time high.

In this brief policy paper, we outline six licensing options for jurisdictions to consider for …

The Bar Exam And The Covid-19 Pandemic: The Need For Immediate Action, Claudia Angelos, Sara J. Berman, Mary Lu Bilek, Carol L. Chomsky, Andrea A. Curcio, Marsha Griggs, Joan W. Howarth, Eileen Kaufman, Deborah Jones Merritt, Patricia E. Salkin, Judith Welch Wegner

Faculty Publications By Year

The novel coronavirus COVID-19 has profoundly disrupted life in the United States. Among other challenges, jurisdictions are unlikely to be able to administer the July 2020 bar exam in the usual manner. It is essential, however, to continue licensing new lawyers. Those lawyers are necessary to meet current needs in the legal system. Equally important, the demand for legal services will skyrocket during and after this pandemic. We cannot close doors to the profession at a time when client demand will reach an all-time high.

In this brief policy paper, we outline six licensing options for jurisdictions to consider for …

Across Racial Lines: Three Accounts Of Transforming Urban Institutions After A Natural Disaster, James Carter, Nolan Rollins, Gregory Rusovich

New England Journal of Public Policy

At 1:30 p.m. on August 29, 2005, Hurricane Katrina grazed the mostly evacuated city of New Orleans, reserving its most devastating force for coastal Mississippi, just to the east. During the next two days, the federal levees protecting the city failed in multiple places. Sixteen hundred people died in the metropolitan area. Residences and businesses in 80 percent of the city went underwater. Public officials warned residents and business owners that they might not be able to return for two to three months. The scope of devastation in certain parts of the city made ever returning questionable for many residents. …

Rising From Katrina’S Ashes But Still In Crisis: Public Defense In New Orleans, Derwyn Bunton

New England Journal of Public Policy

New Orleans’ nickname “Big Easy” was based on the “anything goes” perception of the city. Feeding this perception was a sense of lawlessness, that New Orleans was a place where the rules changed depending on who you were and who you knew. So when Hurricane Katrina hit the city in August 2005 and tossed everything around—flooding mansions and missions, damaging the Superdome and supermarkets—the storm challenged old perceptions and presented unique challenges. Katrina made at least one thing clear: New Orleans could no longer wait for change, pretend nothing happened, or look back. The city’s survival depended on its ability …