Digital Commons Network^™

Mandatory-Arrest Laws And Domestic Violence: How Mandatory-Arrest Laws Hurt Survivors Of Domestic Violence Rather Than Help Them, Alayna Bridgett

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Ripple Effects Of Gideon: Recognizing The Human Right To Counsel In Civil Adversarial Proceedings, Jonathan K. Stubbs

Law Faculty Publications

Procedural fairness and equal protection were the core of Gideon’s reasoning for a right to counsel for indigent criminal defendants. Under the same constitutional values, there should be a right to legal assistance of counsel for indigent civil litigants, especially in adversarial proceedings. This Article outlines the constitutional basis for a civil right to counsel. Further, it stresses the need for legislation to address the massive shortfall in legal representation available to indigent persons in the United States. Recognition of civil Gideon as part of the Constitution’s promise of justice accommodates a moral revolution. It exemplifies a shift in …

Kean University Institutional Profile 2020, Kean University

Evidence Inventory

Externally Sponsored Research programs can be found on page 35.

Plain-Language-Guide, Kean University

Evidence Inventory

This is a Guide for State officers and employees and special State officers and employees in the Executive Branch of New Jersey State Government. If you are one of these persons, you should read this Guide carefully. It explains the ethics rules and laws found in the New Jersey Conflicts of Interest Law (“Conflicts Law”), N.J.S.A. 52:13D-12 et seq., and in the rules of the State Ethics Commission ,N.J.A.C. 19:61-1.1 et seq. In addition to those laws and rules, you are also bound by the Uniform Ethics Code and any supplemental ethics code adopted by the agency for which you …

Ba Criminology, 2020-21, Arkansas State University - Jonesboro

Bachelor of Arts and others

No abstract provided.

The Survival Of Critical Infrastructure: How Do We Stop Ransomware Attacks On Hospitals?, Helena Roland

Catholic University Journal of Law and Technology

Our nation’s infrastructure is under an emerging new threat: ransomware attacks. These attacks can cause anything from individual laptops, to entire cities to shut down for a period of time until the victim pays a ransom to the attacker. Unfortunately, these attacks are on the rise and the attackers have a new target: hospitals. Ransomware attacks on hospitals can temporarily shut down operating room technology and limit physician access to patient files, ultimately threatening the safety of hospital patients and the surrounding community. This paper examines how the threat of ransomware attacks on hospitals is on the rise and what …

The Impact Of A Candidates [Sic] Race On Voter Opinion, Yssis Patterson

Senior Honors Theses and Projects

INTRODUCTION: Race has always played a significant role in politics. Identifying what degree race and/or political party identification has will help to further determine and explain the outsized significance of these factors in modern American politics.

HYPOTHESIS: We hypothesized that a candidate's race would have a significant impact on the way that a voter votes. Based on a candidate’s initial appearance and biographer, a voter may prefer one candidate over another simply based on an isolated variable.

METHODS: For this study, we conducted two surveys through Amazon M Turk. We asked a series of questions based on two candidates of …

Front Matter

SMU Law Review

No abstract provided.

Evidentiary Irony And The Incomplete Rule Of Completeness: A Proposal To Amend Federal Rule Of Evidence 106, Daniel J. Capra, Liesa L. Richter

Faculty Articles

In recent years, there have been many calls and suggestions for a more equitable criminal justice system. Although sometimes overlooked in that dialogue, the fair operation of the Federal Rules of Evidence is a crucial component in ensuring such an equitable system. Unfortunately, the interpretation of Federal Rule of Evidence 106 in some jurisdictions permits unjust results, particularly for criminal defendants seeking to rely upon the Rule. Rule 106, also known as the “rule of completeness,” is premised upon notions of fundamental fairness and ostensibly permits a party to force its adversary to introduce the remainder of a written or …

Covid, Crisis, And Courts, Colleen Shanahan, Alyx Mark, Jessica Steinberg, Anna Carpenter

Faculty Articles

Our country is in crisis. The inequality and oppression that lies deep in the roots and is woven in the branches of our lives has been laid bare by a virus. Relentless state violence against Black people has pushed protestors to the streets. We hope that the legislative and executive branches will respond with policy change for those who struggle the most among us: rental assistance, affordable housing, quality public education, comprehensive health and mental health care. We fear that the crisis will fade, and we will return to more of the same. Whatever lies on the other side of …

Boldly Marching Through Closed Doors: The Experiences Of The Earliest Female Attorneys In Their Own Words, Nicole P. Dyszlewski

Roger Williams University Law Review

No abstract provided.

Title Ix Beyond School Lines: The Proposed Regulations That Will Limit Colleges And Universities’ Jurisdictional Scope Of Responsibility, Rachel Dunham

Roger Williams University Law Review

No abstract provided.

Does Doe V. Mattis Open The Door To Citizen-Detainee Transfer?, Amy Greer Ph.D.

Roger Williams University Law Review

No abstract provided.

Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo

Roger Williams University Law Review

No abstract provided.

Digging Into Algorithms: Legal Ethics And Legal Access, Carla L. Reyes, Jeff Ward

Faculty Journal Articles and Book Chapters

The current discussions around algorithms, legal ethics, and expanding legal access through technological tools gravitate around two themes: (1) protection of the integrity of the legal profession and (2) a desire to ensure greater access to legal services. The hype cycle often pits the desire to protect the integrity of the legal profession against the ability to use algorithms to provide greater access to legal services, as though they are mutually exclusive. In reality, the arguments around protecting the profession from the threats posed by algorithms represent an over-fit in relation to what algorithms can actually achieve, while the visions …

Secret Algorithms, Ip Rights, And The Public Interest, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

The secrecy surrounding the algorithms that play a central role in American life today is proving to have alarming effects. Judges and juries are convicting defendants based on secret evidence. Major advertisers like Facebook are discriminating against minorities seeking housing. And Russians may very well be hacking our voting machines to change election outcomes. The algorithm secrecy underlying these results obscures whether such legal outcomes are actually accurate and fair or whether they were based on faulty evidence, affected by bias, or manipulated by outside influences. These are just a handful of the public-interest perils of algorithm secrecy. This Article …

Criminal (Dis)Appearance, Pamela R. Metzger, Janet C. Hoeffel

Faculty Journal Articles and Book Chapters

Across the United States, thousands of newly arrested people disappear. They languish behind bars for days, weeks, or even months without ever seeing a judge or an attorney. Yet, the Supreme Court requires more constitutional process for the seizure “of a refrigerator, the temporary suspension of a public school student, or the suspension of a driver’s license,” than it does for a person who has just been arrested. A new arrestee has no clearly established constitutional right to a prompt initial appearance procedure. As a result, there is no constitutional doctrine that guarantees her the right to appear promptly before …

Covid-19 And The Ruralization Of U.S. Criminal Court Systems, Pamela R. Metzger, Gregory J. Guggenmos

Faculty Journal Articles and Book Chapters

The COVID-19 pandemic is imposing typically rural practice constraints on the United States' urban and suburban criminal court systems. This "ruralization" of criminal practice offers lawyers, policymakers, and researchers a window into the challenges and opportunities that inhere in rural systems. This is no small matter. For decades, lawmakers, researchers, reformers, and philanthropists have overlooked, undertheorized, and underfunded rural criminal legal

systems-and have done so at great peril. Nearly 20 percent of the nation's population lives in nonmetropolitan areas, where the opioid addiction crisis rages. Rural incarceration increasing dive mass incarceration. The U.S. countryside warehouses the nation's prison populations, and …

Eighth Amendment Values, William W. Berry Iii, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

As with many constitutional provisions, the language of the Eighth Amendment is open-ended and vague in its proscription of excessive bail, excessive fines, and cruel and unusual punishments. Because the language of the Constitution does not provide any additional descriptive information concerning what might make bail or fines excessive, or punishments cruel and unusual, courts must look beyond the text itself to ascertain the meaning of the Eighth Amendment. With respect to the prohibition on cruel and unusual punishments, the U.S. Supreme Court has, over the course of several decades, articulated a number of relevant underlying values that offer some …

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Machines Finding Injustice, Hannah S. Laquer, Ryan W. Copus

SMU Science and Technology Law Review

With rising caseloads, review systems are increasingly taxed, stymieing traditional methods of case screening. We propose an automated solution: predictive models of legal decisions can be used to identify and focus review resources on outlier decisions—those decisions that are most likely the product of biases, ideological extremism, unusual moods, and carelessness and thus most at odds with a court’s considered, collective judgment. By using algorithms to find and focus human attention on likely injustices, adjudication systems can largely sidestep the most serious objections to the use of algorithms in the law: that algorithms can embed racial biases, deprive parties of …

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Multilayered Criminal (F)Laws, Michael T. Cahill

Faculty Scholarship

No abstract provided.

Three Conceptions Of Corporate Crime (And One Avenue For Reform), Miriam H. Baer

Faculty Scholarship

No abstract provided.

Right To Counsel: Improving Access To Justice In Us Indigent Defense Systems, Travis Hartman

Capstone Showcase

The Sixth Amendment guarantees the right to counsel for indigent defendants. Even though a constitutional right, indigent defense in the US suffers from significant problems. While scholars have attempted to provide solutions to the problems, a question persists, How are Indigent Defense Systems impacting how Access to Justice is being provided in the United States? To answer this question, a structured, focused comparison method was utilized to evaluate US indigent defense systems. Case studies were chosen based upon the delivery and majority of funding for indigent defense coming from counties. Right to counsel for Access to Justice was defined by …

“We’Re Here, We’Re Queer, We Will Not Live In Fear!”: A Content Analysis Exploring Gender Disparity In The Public Reappropriation Of Lgbtq+ Slurs, Nicolas Hall

Capstone Showcase

As minorities, members of the LGBTQ+ community have faced many hardships throughout history, such as the use of language as a weapon against them. However, this research explores the public display of linguistic reappropriation of LGBTQ+ derogatory language and terms within the community. Throughout history, the use of slurs (e.g. faggot and dyke) and their social definitions have shifted from having no connection to the community to directly affected these individuals. These terms have been used to demonize members of the LGBTQ+ community for decades. Despite this reality, there are some scholars who suggest that these terms are being reappropriated, …

Justice Delayed Is Justice Denied: Holding Cash Bail Unconstitutional, Ashli Giles-Perkins

Public Interest Law Reporter

No abstract provided.

The Presence Of Racial Disparities At Every Decisional Phase Of The Criminal Legal System, Nadia Woods

Public Interest Law Reporter

No abstract provided.

Defunding The Police: A "Snappy Slogan" Or A Way Forward For People Of Color?, Adonis Totten

Public Interest Law Reporter

No abstract provided.

Disenfranchisement Of People With Felony Records And The Racial Discrimination Behind It, Giovanni Padilla

Public Interest Law Reporter

No abstract provided.