Digital Commons Network^™

Exonerations For Wrongfully Convicted Disabled Inmates: The Path To Salvation Is Paved With Bad Intentions, Marc Consalo

Nevada Law Journal

No abstract provided.

The Continuing Unevolving Model Of Decency, Kennedy V. Louisiana In Peril, Patrick S. Metze

Criminal Law Practitioner

Professor Metze reflects on Kennedy v. Louisiana in its part in the development of Eighth Amendment jurisprudence and how the Supreme Court initially used Kennedy to further our understanding of the limits of the Eighth Amendment. The Court recently avoided a meaningful discussion of how our society is maturing and evolving by acknowledging a purposeful effort of some to reflect modern beliefs in opposition to those who would interpret everything through an 18th-century prism. After a case-by-case analysis of how the Court has used Kennedy, it is apparent the conservative majority now on the Court has decided there is no …

Blueprint For A Youth Violence Intervention Program In East Baton Rouge Parish: Adapting Hospital-Based Strategies, Kristina G. Little, Elizabeth Winchester, Judith L F Rhodes

Reports

Youth violence in East Baton Rouge Parish remains a persistent public safety and public health challenge. This report proposes an adapted, evidence-informed model for East Baton Rouge Parish that retains the core components of traditional HVIPs while leveraging existing legal, hospital, and social service resources. The model is grounded in a public health framework and emphasizes trauma-informed, bedside intervention at the “teachable moment” when youth are most receptive to change, and long-term wraparound case management. The report concludes with recommendations for implementing this adapted approach, including identifying a health system champion, building referral protocols, embedding training, and developing a long-term …

Foreword, Mark D. Janis, Jennifer D. Oliva, Alivia D. Benedict

Indiana Law Journal

In this issue we are delighted to present papers from the symposium “Law and Technology at the Crossroads: A Centennial Summit,” held in Bloomington in November 2024. The symposium originated from the collaborative efforts of the Indiana University Maurer School of Law’s law and technology faculty and the Indiana Law Journal’s editorial board, notably 2023–2024 Editor-in-Chief John Vastag and 2024–2025 Executive Articles & Symposium Editor Paige Wynkoop. The Maurer School of Law’s Center for Intellectual Property Research provided funding, as did Indiana University through its Research Conference Grant Program. Indiana University’s Ostrom Workshop and the Luddy School of Informatics, Computing, …

Discord And The Pentagon's Watchdog: Countering Extremism In The U.S. Military, Amy Gaudion

Indiana Law Journal

In his 2022 book, Ward Farnsworth crafts a metaphor from the lead-pipe theory for the fall of Rome to consider how rage and misinformation traveling through today’s technology-enabled pipes are poisoning our civic engagement and threatening our governmental structures: “We have built networks for the delivery of information––the internet, and especially social media. These networks too, are a marvel. But they also carry a kind of poison with them. The mind fed from those sources learns to subsist happily on quick reactions, easy certainties, one-liners, and rage.”1 This Article carries the metaphor into a new context and considers what should …

All-American Crime: Reflections On Welcome The Wretched By César Cuauhtémoc García Hernández, Kit Johnson

University of Arkansas at Little Rock Law Review

In his 2024 book, Welcome the Wretched, Professor César Cuauhtémoc García Hernández questions why it is that non-citizens who have committed crimes are slated for removal from this country. After all, he notes, “Migrants don’t bring crime here. It’s already here. It always has been and always will be.”

We may not readily admit it, but crime in the United States is truly All-American. Section I of this Essay tries to shed light on the widespread nature of criminality in the United States by recounting my own crimes and those of family and friends, with the goal of pushing the …

Immigration Interference: How Immigration Law Creates A Shadow Criminal Legal System, Matthew Vogel

University of Arkansas at Little Rock Law Review

No abstract provided.

Between The Sword And A Hard Place: Systemic Solutions To The Shortcomings Of The Missouri Public Defender System, Andrew A. Bohon

Missouri Law Review

“Striving to better, oft we mar what’s well.” The attempt to solve a problem can sometimes topple a functional system entirely. The striving to improve a thing can frustrate its purpose. Limping along under the guise of functionality, however, many sociopolitical processes hinder our progress. Something works, so we cling to it in fear of making it worse. The idea has been aphorized that perfect is the enemy of good. Although a quaint and conservative philosophy, there is a countertheory: “Good is the enemy of great.”

Abuse Of Power In The Workplace: The New Gender Discrimination Claims, June Carbone, Nancy Levit, Naomi Cahn

University of the Pacific Law Review

No abstract provided.

Introduction: Forever Criminalized?: How Collateral Consequences Advance Disparities In Criminal Justice, Jenny Roberts

Hofstra Law Review

No abstract provided.

A Tale Of Two Cities: Collateral Consequences Of Misdemeanor Non-Convictions, Elizabeth Nevins-Saunders

Hofstra Law Review

No abstract provided.

People Power And Police Policy: How Denying Intervenors In Pattern-Or-Practice Police Litigation Undermines Police Accountability, Alexander Lindenfelser

Minnesota Journal of Law & Inequality

No abstract provided.

Keynote Address: Envisioning Wage Justice, Ruben J. Garcia

Minnesota Journal of Law & Inequality

No abstract provided.

The Mirage Of Artificial Intelligence Terms Of Use Restrictions, Peter Henderson, Mark A. Lemley

Indiana Law Journal

Artificial intelligence (AI) model creators commonly attach restrictive terms of use to both their models and their outputs. These terms typically prohibit activities ranging from creating competing AI models to spreading disinformation. Often taken at face value, these terms are positioned by companies as key enforceable tools for preventing misuse, particularly in policy dialogs. The California AI Transparency Act even codifies this approach, mandating certain responsible use terms to accompany models.

But are these terms truly meaningful, or merely a mirage? There are myriad examples where these broad terms are regularly and repeatedly violated. Yet except for some account suspensions …

The Overstated Cost Of Ai Fairness In Criminal Justice, Ignacio Cofone, Warut Khern-Am-Nuai

Indiana Law Journal

The dominant critique of algorithmic fairness in AI decision-making, particularly in criminal justice, is that increasing fairness reduces the accuracy of predictions, thereby imposing a cost on society. This Article challenges that assumption by empirically analyzing the COMPAS algorithm, a widely used and widely discussed risk assessment tool in the U.S. criminal justice system.

This Article makes two contributions. First, it demonstrates that widely used AI models do more than replicate existing biases—they exacerbate them. Using causal inference methods, we show that racial bias is not only present in the COMPAS dataset but also worsened by AI models such as …

Environmental Enrichment Reduces Cue-Induced Reinstatement Of Heroin-Seeking Following Prolonged Use And Reverses Region-Specific Heroin-Induced Neuroadaptations, Apoorva Vashisht

Dissertations, Theses, and Capstone Projects

Background: Relapse remains the greatest barrier to long-term recovery and the consequential rising overdose-related mortality in heroin use disorder (HUD). Currently available behavioral and pharmacological interventions fail to extend their benefits beyond the duration of the treatment. Additionally, opioid agonist-based medications accompany harmful neurobiological risks and propensity to promote further drug-seeking post-treatment. We have shown that environmental enrichment (EE), as a therapeutic strategy applied after drug intravenous-self administration (IVSA), can effectively facilitate abstinence and reduce reinstatement of drug-seeking in animal models of drug abuse. Moreover, dopamine receptors like D1 and D3, and mu-opioid (MO) receptors are well known for their …

The Long Arm Of The Law: The Far-Reaching Effects Of The Carceral State On Families, Madison Squiers

Dissertations, Theses, and Capstone Projects

This thesis investigates the extended consequences of mass incarceration in the United States, focusing on the social, economic, and psychological impacts on the nuclear families of incarcerated individuals. Through a comprehensive literature review of peer-reviewed studies published between 2000 and 2024, this study highlights how female partners and children of imprisoned men face significant hardships, including emotional trauma, financial instability, and social stigma. These burdens are most acutely experienced by low-income families and communities of color, reflecting broader patterns of structural inequality. The findings underscore how punitive criminal justice policies—especially mandatory minimum sentencing and the War on Drugs—have created ripple …

The Invisible Hand Of Networked Repression, Thuy Anh Tran

Dissertations, Theses, and Capstone Projects

U.S. history is awash with contentious episodes involving a legion of governmental and non-governmental actors operating through an array of means and arenas to destroy the political opposition. Yet, there has been little systematic examination in the repression literature of how and why repressive efforts proliferate so far beyond the police, military, and intelligence agencies tasked and equipped to preserve the existing order. This dissertation presents a novel framework for studying the relational basis of repression—particularly as it is organized, mobilized, and extended through a networked social structure. Social network analysis and interpretive case studies are conducted on two historical …

Stereotype Engineering, Ian Olasov

Dissertations, Theses, and Capstone Projects

I offer an account of a novel variety of conceptual engineering, which I call stereotype engineering. Someone engineers a stereotype when they work to change the typicality effects associated with a category or expression (performance on goodness-of-example tasks, feature listing tasks, and accuracy rates and response times in recognition and retrieval tasks), without necessarily changing the concept of that category or the semantic value of the expression. I offer a number of examples of stereotype engineering in popular discourse – from rape activism to expansive uses of “white supremacy” and “ethnic cleansing,” to the hashtags #BlackGirlMagic and #MyNYPD, to advocacy …

Legitimacy Throughlines In The Structural Design Of International & "Internationalized" Criminal Tribunals, Michael J. Kelly

Notre Dame Journal of International & Comparative Law

Today, the rather surprising and sudden surfeit of prosecutions for international crimes by states utilizing universal jurisdiction as we open the second decade of the 21^st Century may represent a preference for domestic over international criminal prosecution altogether. Yet, the legitimacy quotient remains a key part of the discussion. For example, as discussed in section V below, with respect to the crime of Russian aggression against Ukraine, opinion is divided as to whether prosecution for this crime should proceed from a newly created international tribunal or from an “internationalized” court within the Ukrainian judicial system.[1] Ukraine backs the …

Policing In The Age Of Criminal Records, Eisha Jain

North Carolina Law Review

No abstract provided.

The Making Of A Juvenile Record: The Insidious Consequences Of Criminalizing Race, Adolescence, Disability, And Trauma, Kristin N. Henning, Rebba D. Omer

North Carolina Law Review

No abstract provided.

Desegregating Criminal Codes, Root And Branch: The Duty Not To Enforce Unconstitutional Laws, Gabriel J. Chin

North Carolina Law Review

No abstract provided.

Clean Slate, Dirty Data: An Audit Of Algorithmic Automated Criminal Expungement Laws, Colleen V. Chien

North Carolina Law Review

No abstract provided.

Symposium Introduction: Illuminating Public Health Struggles Behind Bars, Justin Iverson, Javiera Sothers

Nevada Law Journal

No abstract provided.

Keynote: Promoting Disability Equality Behind Bars, Margo Schlanger

Nevada Law Journal

No abstract provided.

“17 Going On 23”: Sentencing Young People To Life In Canada, Debra Parkes

Dalhousie Law Journal

Canada is one of 67 countries worldwide that allows young people—those under the age of 18—to be sentenced to life imprisonment. In 2008, the Supreme Court of Canada recognized the presumption of diminished moral blameworthiness of young people as a constitutional principle of fundamental justice and invalidated a law that presumed youth should be sentenced as adults for some serious crimes, including murder. The burden is, therefore, always on the Crown to rebut the presumption and prove that a youth sentence would not be long enough to hold the young person accountable for their behaviour. Where the presumption can be …

Revolutions In Justice: Advancing The Rome Statute System To Fight Impunity In Future Wars, Lindsay Freeman

Chicago Journal of International Law

The modern system of international criminal justice, which was born out of World War II and built in its current form during the early 1990s, is both revolutionary and a relic. The ideals, innovation, and vision that created the international legal order were ground-breaking at the time but have failed to evolve at a pace that ensures its relevance and efficacy. The challenges we face today are drastically different from those in the period in which the framework was conceived, the institutions were formed, and the laws were drafted. While these changes have been incremental over several decades, technological advances …

False Criminalization And The Erosion Of Community Equity, Deborah N. Archer, Daniel S. Harawa

North Carolina Law Review

No abstract provided.

Repugnant Verdicts For $1000: Navigating The Intersection Of Double Jeopardy And Conflicting Verdicts In Mcelrath V. Georgia, Talia Levine

Mercer Law Review

“No man is to be brought into jeopardy of his life, more than once, for the same offense.” This ancient maxim, preserved in the Double Jeopardy Clause of the Fifth Amendment, is a hallmark of the American justice system. The Double Jeopardy Clause gives a criminal defendant the constitutional right not to be tried again for the same offense after being acquitted. This guarantee stands as “[p]erhaps the most fundamental rule in the history of double jeopardy jurisprudence.”

The Supreme Court of the United States has repeatedly upheld these principles; by refusing to allow retrial following an acquittal, the Court …