Digital Commons Network^™

“More Than A Chronological Fact”: Roper V. Simmons As An Argument For Moving Away From Zero-Tolerance Discipline And Toward Restorative Justice, Elisse Newey

Brigham Young University Education and Law Journal

No abstract provided.

Cardozo Law News Brief: November 1, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Jessica Roth
• Ekow N. Yankah
• Deborah Pearlstein
• Kate Shaw
• Myriam Gilles
• Suzanne Stone
• Lela Love
• Richard Weisberg
• Michel Rosenfeld
• Paul Gugliuzza
• Ngozi Okidegbe

Campus News:

• Floersheimer Center Event Celebrates Professor Stanley Fish and Free Speech
• ACS Hosts "Rigged" Screening and Panel

Events:

• Distinguished Lecture in IP
• Antitrust in the Modern Economy
• The FAME Center Presents: One of Us
• International Comparative Policy and Ethics Law Review Fall Symposium
• 60 Years of Real Estate Wisdom Stephen Siegel in conversation with Professor Stewart Sterk

Liability For Ai Decision-Making: Some Legal And Ethical Considerations, Iria Giuffrida

Fordham Law Review

The creation and commercialization of these systems raise the question of how liability risks will play out in real life. However, as technical advancements have outpaced legal actions, it is unclear how the law will treat AI systems. This Article briefly addresses the legal ramifications and liability risks associated with reliance on—or delegation to—AI systems, and it sketches a framework suggesting how we can address the question of whether AI merits a new approach to deal with the liability challenges it raises when humans remain “in” or “on” the loop.

See No Evil, Hear No Evil: Applying The Sight And Sound Separation Protection To All Youths Who Are Tried As Adults In The Criminal Justice System, Lauren Knoke

Fordham Law Review

American law treats youths within the criminal justice system with contrasting impulses. In some cases, the law deems youths worthy of special protections and places them within the juvenile justice system. In other situations, however, it views youths as posing distinct dangers and funnels them into justice systems designed for adults. So long as youths remain under the jurisdiction of the juvenile justice system, they are afforded the protections of the Juvenile Justice and Delinquency Prevention Act (JJDPA). One of the JJDPA’s core protections, sight and sound separation, aims to prevent youths from having any visual or spoken exchanges with …

The Rule Of Law Collaborative: A Center For Practical, Interdisciplinary Research, And Engagement On Pressing Rule Of Law Issues Around The World, Joel H. Samuels

Faculty Publications

No abstract provided.

Sidney Shainwald Public Interest Lecture: A Conversation With Laurence H. Tribe And Jeffrey Toobin, New York Law School

Sidney Shainwald Public Interest Lecture

November 1, 2019

A Conversation with:

LAURENCE H. TRIBE
CARL M. LOEB UNIVERSITY PROFESSOR
PROFESSOR OF CONSTITUTIONAL LAW
HARVARD LAW SCHOOL
and
JEFFREY TOOBIN
STAFF WRITER, THE NEW YORKER
CHIEF LEGAL ANALYST, CNN

Censorship In Popular Music Today And Its Influence And Effects On Adolescent Norms And Values, Sarah Wagner

Musicology and Ethnomusicology: Student Scholarship

No abstract provided.

Hetimi I Krimi Kompjuterik Si Formë E Krimit Të Organizuar, Albiona Musa

Theses and Dissertations

Në vitet e fundit, shoqëritë në të gjithë botën kanë bërë përparime të mëdha në fushën e teknologjisë së informacionit dhe komunikimit. Teknologjia e informacionit dhe komunikimit tani përshkon pothuajse çdo aspekt të jetës së njerëzve e si rrjedhojë kjo e bën shoqërinë të ekspozuar ndaj kërcënimeve të tilla si krimi kibernetik, domethënë krimi i kryer kundër të dhënave dhe sistemeve kompjuterike ose nëpërmjet tyre.

Risitë që paraqet kjo fushë shtrojnë nevojën për ndërhyrje normative të vazhdueshme ndaj sjelljeve kriminale të ndodhura në hapësirën kibernetike, pasi format e konsumimit të veprave penale kibernetike ndryshojnë dukshëm nga format tradicionale të krimit …

Inspiring Faculty Innovation: Open Educational Resources And Competency-Based Education As Pedagogical Change Models, Jody Carson, Kim Burns, Sue Tashjian

Instructional Leadership Abstracts

Every college has pockets of innovative faculty who are resourceful and skilled problem solvers. They come to you with solutions instead of complaints and when they leave your office you wish you could clone them. These faculty are your innovators. Academic innovation is currently getting a lot of attention. It is a concept that is trendy, as well as murky. What do we mean when we talk about innovation? In early 2018, a survey of academic administrators framed innovation as a tool for solving problems and driving overall improvement. When asked how to support innovation, Chief Academic Officers (CAOs) reported …

Front Matter / Editorial Information

University of Chicago Law Review

No abstract provided.

2018-2019

Annual Reports of the Law School

No abstract provided.

Settlement Malpractice, Michael Moffitt

University of Chicago Law Review

Lawyers routinely settle lawsuits or advise their clients about settlement. One might expect, therefore, that clients routinely complain about some aspect of their lawyers’ settlement services. Ten years of data from eleven jurisdictions paint a vivid, different picture: although the vast majority of civil lawsuits are resolved through negotiated settlements and although complaints against lawyers are common, fewer than 1 percent of reported legal malpractice cases and only about 1.5 percent of bar complaints relate in any way to lawyers’ settlement-related conduct or advice. Even in those instances when clients do raise such complaints, clients rarely prevail. In short, even …

Comparison Of A Self-Audit Tool To Accrediting Health Care Agencies’ Standards Of Care In A Corrections Setting, Matthew C. Widerman

Doctoral Projects

Millions of individuals enter correctional facilities each year and require health services. Inmates are bound to a set of rules, wherein they are thought of as objects of surveillance, punishment, or rehabilitation, rather than as patients. In addition to standards of care defined by national accrediting bodies and state boards of practice, correctional facilities also have state laws that define expected health services for incarcerated persons. All health care providers have a responsibility to provide the highest quality care, but in prisons, patients are still inmates bound to correctional rules. Policies and procedures guide health care practices in correctional facilities, …

The Best Laid Plans: How Administrative Burden Complicates Voting Rights Restoration Law And Policy, Jennifer L. Selin

Missouri Law Review

Despite significant literature on the electoral and democratic implications of laws that restore the right to vote to individuals with felony convictions, few scholars have explored whether these reforms result in practical changes. This Article examines the effect of administrative capacity and individual experience on policy implementation and finds that, even in the face of de jure felon rights restoration, policymakers can (knowingly or unwittingly) alter de facto restoration. Specifically, states have limited administrative capacity to absorb the costs of rights restoration. As a result, the burden of restoration falls onto citizens. Facing learning, compliance, and psychological hurdles to the …

New Tricks For An Old Dog: Deterring The Vote Through Confusion In Felon Disenfranchisement, Emily Rong Zhang

Missouri Law Review

Felon disenfranchisement laws do not just disenfranchise. They also confuse. By imposing heavy penalties for failing to correctly navigate complex provisions, these statutes confuse eligible voters and discourage them from exercising their right to vote. In this way, felon disenfranchisement laws resemble modern voter suppression laws: they deter eligible voters from voting. Modest reforms can and should be implemented to affirmatively inform formerly incarcerated individuals of their restored voting rights.

The Uncertain Future Of Felon Disenfranchisement, Bruce E. Cain, Brett Parker

Missouri Law Review

Felons represent a large majority of disenfranchised adult Americans, with a significant proportion remaining unable to vote even after completing the entirety of their sentences. As voter eligibility requirements become an increasingly contested partisan battlefield, the fate of these disenfranchised individuals has become increasingly unclear. With this backdrop in mind, we consider recent developments in felon disenfranchisement, the prospects for future legislative action, and the legal arguments that litigants might employ to challenge the practice. In so doing, we exploit newly collected polling data to determine (1) whether Americans are ready to end felon disenfranchisement, and (2) under what circumstances …

Balancing Act: Admissibility Of Propensity Evidence Under Article I, Section 18(C) Of The Missouri Constitution, Emily Holtzman

Missouri Law Review

The American legal system has a long-standing ban against using character evidence to show a party’s propensity to act in conformity with that character. This rule has been especially stringent in the criminal system, where the notion is that when a criminal defendant is tried for a crime, that defendant should face trial only for the crimes charged. However, certain crimes, like sex crimes, can be incredibly difficult to prosecute and, accordingly, victim advocates have pushed for changes to these rules. The Federal Rules of Evidence (“FRE”) and several states have enacted rules that allow evidence of prior bad acts …

The Right To Evidence Of Innocence Before Pleading Guilty, Colin Miller

Faculty Publications

No abstract provided.

Misdemeanors For All Purposes? Interpreting Proposition 47’S Ameliorative Scope In A New Era Of Criminal Justice Reform, Kayla Burchuk

Loyola of Los Angeles Law Review

In 2014, Proposition 47 reclassified seven low-level felonies to misdemeanors, demonstrating voters’ striking rejection of California’s historically punitive sentencing policies. This Note examines the recent wave of California Supreme Court jurisprudence interpreting Proposition 47 by exploring the court’s varied readings of the initiative’s ballot materials and statutory text. While the court has liberally construed relief for affected property crimes, it has responded ambivalently in more controversial areas such as drug offenses, mandatory parole periods, and automatic resentencing. This variation reveals ideological tensions between the goal of expanding ameliorative benefits to low-level offenders and anxiety regarding public safety. This Note analyzes …

The Future Of Bail In California: Analyzing Sb 10 Through The Prism Of Past Reforms, Adam Peterson

Loyola of Los Angeles Law Review

The cash bail system is the cause of numerous injustices. It favors the rich over the poor, it packs jails to the breaking point, and it forces those who have yet to be found guilty to sit in jail—often for weeks or months at a time. In 2018, the California legislature passed SB 10. The bill purported to abolish cash bail wholesale and replace it with a risk assessment program. While SB 10 is a step in the right direction, it faces many obstacles before it accomplishes its goal. This Note examines the bill in light of past attempts at …

Vocational And Life Skills Monthly Data Update: November 2019, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during update calls and site visits.

The current data derives from an active database, from which data is being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on the duration of lag between service delivery and data entry. One common example of this is when participants begin programming near the end of …

Staying Ahead Of Substance Abuse: The Changing Landscape Of Marijuana Use, Jennifer Smith, Pamela Ashley, Jeanette Harder

Reports

In their comprehensive report, the National Academy of Sciences (NAS) (2017) concludes that the United States is in a pivotal time in the world of cannabis policy and research one in which “Shifting public sentiment, conflicting and impeded scientific research, and legislative battles have fueled the debate about what, if any, harms or benefits can be attributed to the use of cannabis or its derivatives” (p. 2).

Enter At Your Own Risk: Criminalizing Asylum-Seekers, Thomas M. Mcdonnell, Vanessa H. Merton

Elisabeth Haub School of Law Faculty Publications

In nearly three years in office, President Donald J. Trump’s war against immigrants and the foreign-born seems only to have intensified. Through a series of Executive Branch actions and policies rather than legislation, the Trump Administration has targeted immigrants and visitors from Muslim-majority countries, imposed quotas on and drastically reduced the independence of Immigration Court Judges, cut the number of refugees admitted by more than 80%, cancelled DACA (Deferred Action for Childhood Arrivals), and stationed Immigration Customs and Enforcement (“ICE”) agents at state courtrooms to arrest unauthorized immigrants, intimidating them from participating as witnesses and litigants. Although initially saying that …

Combatting The Opioid Epidemic In Texas By Holding Big Pharma Manufacturers Liable, Katherine Spiser

St. Mary's Law Journal

Abstract forthcoming

Developing Moral Education To Combat Human Trafficking, Shima Rostami

Dissertations

Leaders are challenged daily to improve their organization's products and outcomes. “When the character of leaders is low, so are their standards” (Maxwell, 2010, p. 41), and accordingly the products and programs. No field or profession was exempt from this challenge at the leadership level. On this note, human trafficking as a humanitarian crisis was of particular interest for activists, but one that may still suffer from this same weakness at the leadership level. Consequently, having a concern for how to improve the character and standards of the leaders in the anti-human trafficking movement, the Investigator of this study questioned …

Extending Batson To Peremptory Challenges Of Jurors Based On Sexual Orientation And Gender Identity, Mark E. Wojcik

Northern Illinois University Law Review

This Article argues that it is now time to extend Batson to all federal and state trial courts and expressly prohibit the exclusion of jurors based on their actual or perceived sexual orientation or gender identity. The lack of protection for jurors based on their actual or perceived sexual orientation or gender identity fosters discrimination in the law, violates the rights of lesbian, gay, bisexual, and transgender (LGBT) persons who may be excluded from serving on juries, violates the rights of LGBT persons whose criminal or civil cases are heard in court, and undermines public confidence in judicial proceedings that …

Konkola Copper Mines Plc V Nyasulu And 2000 Others Appeal No. 1/2012, Pamela Towela Sambo

SAIPAR Case Review

No abstract provided.

Online News Representation Of Missing/Murdered Indigenous Women In Washington, New Mexico, And Arizona, Kelli Bowers

McNair Scholars Manuscripts

There is limited research on the rates of violence against the many missing and murdered indigenous women (MMIW) in the United States, especially in urban areas. There is also little news coverage given to women who are victims of this violence. The absence of research on this topic and the shortage of news coverage leads to a lack of understanding by the general public on the issue as a whole. This is a qualitative content analysis of the representation of MMIW in Washington, New Mexico, and Arizona. I will analyze the newspaper reporting of MMIW in these states and the …

Slow Law: Temporal Logics In Us Death Penalty Mitigation Investigations, Jesse Cheng

Social and Cultural Sciences Faculty Research and Publications

From arrest to sentencing, cases in which the defendant is charged with capital murder in the United States take substantially longer to resolve than homicide cases in which prosecutors choose not to seek the death penalty. One might reasonably attribute the slowness of capital trials to heightened procedural safeguards that attend the potential deprivation of life. In this article, I suggest that this explanation, straightforward as it is, glosses over more probing and analytically interesting truths about the complex temporal dimensions of death penalty trials. Based on my experiences as both a former defense advocate and an ethnographic researcher of …

Trends And Associated Factors Of Use Of Opioid, Heroin, And Cannabis Among Patients For Emergency Department Visits In Nevada: 2009–2017, Pearl C. Kim, Ji Won Yoo, Chris R. Cochran, Seong Min Park, Sungyoun Chun, Yong-Jae Lee, Jay J. Shen

School of Medicine Faculty Research

To examine trends and contributing factors of opioid, heroin, and cannabis-associated emergency department (ED) visits in Nevada. The 2009 to 2017 Nevada State ED database (n = 7,950,554 ED visits) were used. Use of opioid, heroin, and cannabis, respectively, was identified by the International Classification of Diseases, 9th & 10th Revisions. Three multivariable models, one for each of the 3 dependent variables, were conducted. Independent variables included year, insurance status, race/ethnicity, use of other substance, and mental health conditions. The number of individuals with opioid, heroin, cannabis-associated ED visits increased 3%, 10%, and 23% annually from 2009 to 2015, particularly …