Digital Commons Network^™

Supervised Injection Sites After Safehouse: The Case For A Federal Policy Of Non-Enforcement And Research-Based Operation, Sebastian Rozpadek

UIC Law Review

No abstract provided.

A Restorative Justice Alternative For Trafficking Survivors: The Need For A Collaborative Approach In Establishing A Pilot Program Addressing Survivor-Articulated Needs, Stephanie Richard, Suzanne S. La Pierre

Connecticut Law Review

Human trafficking survivors not only suffer physical and psychological harm during the commission of the crimes against them, but also are often further harmed through forced involvement in the criminal justice system. With the current focus on apprehending and punishing perpetrators as the primary tool promoted in the United States to prevent trafficking, survivors forced to be witnesses against their perpetrators lose their self-determination in ways replicating the abusive patterns of their traffickers. To aid investigation and prosecution of traffickers, they are required to provide testimony reliving their experiences. Forced testimony is also often the only option available for avoiding …

Engaging Ethics In Technology And Artificial Intelligence, Elizabeth Edenberg

Open Educational Resources

This project seeks to help students apply philosophical questions about the ethics of technology and artificial intelligence to contemporary debates about AI’s impact on society and students’ own lives. It includes a set of in-class active learning exercises and reflection assignments, along with instructions for moderating class discussion of these topics. This is designed to pair with three units in a course on the ethics of technology: privacy, consent, and algorithmic fairness. Each exercise aims to help students connect the philosophical theories studied in class to their own lived experiences with technology.

Generative Artificial Intelligence: Legal Ethics Issues, Kincaid Brown

Law Librarian Scholarship

Generative artificial intelligence (GenAI) is transforming nearly every sector of society including the practice of law. Legal professionals are increasingly using AI tools for research, drafting, contract review, and even predicting judicial outcomes with as many as one third of respondents to a survey using GenAI daily. But with this rapid adoption come questions that go beyond efficiency and instead point to the core of legal ethics including issues such as competence, confidentiality, and professional judgment.

Critical Curriculum Design: Teaching Law In An Age Of Rising Authoritarianism, Rachel López

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

The Great Writ Of Popular Sovereignty, William M.M. Kamin

Scholarly Articles

American habeas corpus, long conventionally known as the Great Writ of Liberty, is more properly understood as the Great Writ of Popular Sovereignty—a tool for We the People to insist that when our agents in government exercise our delegated penal powers, they remain faithful to our sovereign will. Once we grasp this conceptual shift, the implications for the law of habeas are profound.

In the past fifteen years, novel archival research has shown the Great Writ of Liberty’s founding myth to be ahistorical—that ideas about sovereignty, rather than individual liberty, drove the common-law writ’s development in the centuries of English …

Public Right And Humane Punishment, Adam J. Macleod

Scholarly Articles

Retribution is the strategic lynchpin for securing justice and the presumption of innocence. It is the justification that takes the criminal defendant to be a human being rather than a mere instrument of social engineering and political control. By contrast, modern, results-oriented theories of punishment—deterrence, incapacitation, and rehabilitation—have made our institutions of criminal justice less humane in important ways. Gerard Bradley’s contemporary, detailed account of the old idea of retribution can be cashed out in legal doctrines that secure the presumption of innocence and limit the corrosive effects of strict-liability offenses. This new articulation of an old juristic concept provides …

Is It Possible To Draft A Universal Criminal Code?, Paul H. Robinson

American University International Law Review

The world contains hundreds of distinct communities with their own traditions and values. One might assume that, despite the best efforts of international organizations, it would be impossible to draft a criminal code that could operate effectively for all countries. Is that the case? If one tried to construct a universal criminal code, what sorts of challenges and limitations with the effort face?

Oer Review: Research Methods For Criminal Justice Students, Youngki Woo

Criminal Justice Faculty Publications

Building upon these foundational works and leveraging extensive experience and expertise in conducting qualitative and quantitative research within social science settings, Monica Williams, the author of Research Methods for Criminal Justice Students, has crafted a well-designed research methods textbook. This comprehensive guide is designed for both undergraduate and graduate students in criminal justice. It draws on Williams’ extensive academic career, which includes conducting a wide range of research projects, analyzing empirical data, and publishing peer-reviewed journal articles. The textbook covers various research methodologies such as surveys, case studies, in-depth interviews, observation, focus groups, content analysis, and secondary analysis of …

The Excessive Fines Clause In The Federal Courts: A Quarter-Century Of Narrowing, Michael M. O'Hear

Faculty Publications

The Eighth Amendment prohibits “excessive fines,” but what exactly does “excessive” mean? The question has taken on some urgency in recent years as American legislatures have sharply increased the economic penalties associated with criminal convictions. In 1998, in United States v. Bajakajian, the Supreme Court for the first time established a test of sorts to determine whether an economic penalty is “excessive” in violation of the Eighth Amendment. The test was not without its ambiguities but offered some potentially robust protection against the rising tide of fines, fees, forfeiture, and restitution. However, the promise of Bajakajian has been undermined …

How Pretrial Detention Deprives A Child’S Access To Education: The Convention On The Rights Of The Child And The Juvenile Justice Reform Act, Abby Groetsch

Human Rights Brief

Although the United States (“U.S.”) has not ratified the Convention on the Rights of the Child, which specifically outlines the rights of juvenile defendants, the Supreme Court’s interpretation of the Fifth and Fourteenth Amendments provides implicit rights for children accused of criminal acts. In 1967, the Supreme Court decided In re Gault, definitively establishing that the Due Process Clause of the Fourteenth Amendment applied to juvenile defendants. The Supreme Court has also stated that children should be treated differently than adults, outlining different sentencing requirements for crimes committed while a person is under the age of eighteen.

The Role Of Ethnic-Racial Centrality On Exposure To Microaggressions And The Mental Health And Academic Success Of Second-Generation Latiné Adolescents, Lisette Munoz

Theses and Dissertations

People holding racially minoritized identities are frequently subjected to racial-ethnic microaggressions, a form of everyday racism and discrimination. Acculturative stress and microaggressions have a direct impact on immigrants' mental health (Gee et al., 2007; Finch & Vega, 2003; Hovey, 2000). The increase in conservative immigration policies has led to increased anti-immigrant sentiments and microaggressions (Sissoko & Nadal, 2021). The impact of microaggressions can detrimentally affect psychological and physiological wellbeing, as well as academic performance and cognitive function (Solórzano & Pérez Huber, 2020). Because of their experiences with discrimination, Latino children may become more aware of biases in their social interactions …

Workarounds In American Public Law, Daniel A. Farber, Jonathan S. Gould, Matthew C. Stephenson

Faculty Articles

A workaround is a maneuver that seems, on its face, consistent with the formal rules, but that employs those rules in an unanticipated way to circumvent a legal obstacle. Though some workarounds are tolerated or even celebrated, workarounds (and proposed workarounds) often provoke instinctive skepticism or hostility. When, if ever, is such skepticism justified? Do workarounds raise distinctive legal or public policy concerns? This Article seeks to provide a systematic normative assessment of workarounds in American public law. We argue, first, that from a general public interest perspective, the desirability of a workaround depends primarily on the desirability of the …

Digital Information Technologies And International Humanitarian Law: New Opportunities And Challenges, Jonathan Hafetz

Denver Journal of International Law & Policy

Digital technologies are transforming the nature and role of information during armed conflict. They have exponentially increased the amount of information about armed conflict and the speed with which it can be disseminated. Digital information technologies present both opportunities and challenges for International Humanitarian Law (IHL). They can help minimize harm to civilians, document IHL violations, and provide evidence for investigating and prosecuting atrocity crimes. Digital technologies, however, bring risks as well. They make it easier to misuse and manipulate information, which can increase risks to civilians, conceal IHL violations, and spread disinformation about the causes and conduct of war. …

Completions 2024-25, Southwestern Oklahoma State University

IPEDS

Welcome to the IPEDS Completions survey component. The Completions component is one of several IPEDS components that is conducted during the Fall data collection period. It collects the number of degrees and certificates awarded by field of study, level of award, race/ethnicity, and gender. The reporting period for the Completions component is during the12-month time period beginning July 1 of the previous calendar year and ending June 30 of the current calendar year; therefore, for this year’s Completions component, the reporting period is between July 1, 2023 and June 30, 2024. The Completions component is also collecting the number of …

Crippled By War: Arguing Russia’S Actions In Ukraine Constitute Disability Persecution Under Article 7(1)(H) Of The Rome Statute, Davis Hayman

American University International Law Review

During the ongoing conflict between Russia and Ukraine, Russia implemented a “humanitarian aid” program which moved Ukrainian people with disabilities to Russia or Russian-controlled areas. The Prosecutor for the International Criminal Court issued arrest warrants under the theory that this program constitutes war crimes.

This Comment argues this program further qualifies as the crime of persecution against Ukrainians with disabilities. This piece first analyzes the crime of persecution, its relationship with other crimes and how non-enumerated groups can receive its protection. Next, this piece analyzes international human rights developments related to people with disabilities to show they qualify for such …

Out Of Institutions, Into Society: A Qualitative Interpretive Meta-Synthesis Exploring The Shared Experiences Of Veterans And Formerly Incarcerated Persons Reintegrating Into Civilian Life, Hannah C. Pederson

Social Work Theses - Archive

The reintegration experiences of veterans and formerly incarcerated persons (FIPs) share significant parallels, yet there is a notable lack of literature exploring these similarities. This study employs qualitative interpretive meta-synthesis (QIMS) methodology, a cross-study qualitative analysis approach developed specifically for the social work field, to identify commonalities in the reintegration narratives of U.S. veterans transitioning from military service and FIPs returning to civilian life post-incarceration. The author conducted a QIMS on ten studies published between 2006 and 2024 (N=172). The QIMS yielded seven overarching themes: supports, mental health and wellness, institutional residue, culture shock, socioeconomic hardships (“it’s hard out here”), …

From Insight To Experience Mapping Experiential Approaches To Cultivating Self-Awareness In Undergraduate Social Work Curricula, Georgianna E. Goff

Social Work Theses - Archive

This scoping review examines the current state of experiential learning methodologies used to increase self-awareness among undergraduate social work students. While the Council on Social Work Education (CSWE) emphasizes self-awareness as a core professional competency, the literature reveals a notable lack of a standardized, field-wide definition and a reliance on fragmented pedagogical approaches. This Review systematically analyzed nine empirical studies, mapping the key characteristics, theoretical frameworks, and teaching methods. The findings indicate that most studies used qualitative or mixed-methods designs, with a majority relying on Kolb’s and Dewey’s experiential learning theories to bridge the gap between classroom theory and professional …

Personality And Victimization: The Relationship Between The Big Five Personality Traits And Victimization In Adulthood, Cameron Kan

Criminology & Criminal Justice Theses - Archive

Myriad risk factors have been found to predict victimization. Research, however, has yet to examine the impact of personality—if any—in the likelihood of victimization in adulthood. The current study attempts to fill this gap in the literature by being the first to examine the effects of the Big Five personality traits, also known as the Five Factor Model, on adult victimization in a nationally representative sample (Add Health). Results reveal that scoring high in extraversion is related to a 12 percent increase the in rate of victimization controlling for a host of temperamental and criminological covariates. Depressive symptoms, criminal behavior, …

From One Prison To Another: The Inordinate Criminalization Of Women Who Kill Abusive Partners And A Proposed U.N. Response, Annalie Buscarino

Case Western Reserve Journal of International Law

Paradoxically, criminal justice systems around the world punish women who kill abusive partners with inordinate sentences despite explicitly recognizing the victimization that led them to homicide. This Note examines how universally entrenched gender stereotypes lead to such overcriminalization and amount to a violation of women’s rights to equality before the law. This Note then proposes a U.N. resolution offering guidelines for criminal justice systems to craft appropriate judicial responses to women’s survival strategies.

Out Of Sight, Out Of Rights: The Human Toll Of New York's Guardianship Crisis, Quinn Decicco, Sarah Michelle Smith

City University of New York Law Review

New York’s Article 81 guardianship system, intended as a last-resort protection for individuals unable to manage their personal or financial affairs, has become a default intervention that too often strips people of autonomy and dignity. Overburdened guardians, minimal training requirements, and inadequate judicial oversight leave incapacitated persons vulnerable to neglect, exploitation, and “civil death.” This Comment uses Cody’s Story to humanize the systemic failures and evaluates Resolution 561, recently adopted by the New York City Council, which calls for a statewide public guardianship system. While the Resolution represents a critical step toward reform, it lacks the structural safeguards necessary for …

Advancing Responsible Ai: Disparity Mitigation Strategies For Human-Centered Ai Systems, Aida Tayebi

Graduate Thesis and Dissertation post-2024

In recent years, the widespread adoption of machine learning (ML) has driven the expansion of automated decision-making across various real-world applications. While ML models improve efficiency and predictive accuracy in domains such as healthcare, finance, and criminal justice, biases inherited from training data can potentially lead to unintended disparities. Growing awareness of these biases has raised concerns within the human-centered AI and responsible AI communities, highlighting the importance of promoting fairness in AI systems. Aiming for equitable outcomes in automated decisions is not only a technical goal but also an ethical consideration, as models influenced by biases may inadvertently reinforce …

Algorithms And Benchmarking For Parallel Identity-By-Descent Segment Detection, Kecong Tang

Graduate Thesis and Dissertation post-2024

As genomic biobank initiatives continue to grow, the availability of large-scale genotype datasets, encompassing hundreds of thousands to millions of individuals, has transformed genetic research and biomedical discovery. However, the sheer volume of this data presents major computational barriers. Efficient and scalable methods are urgently needed to process and extract meaningful signals from biobank-scale data using modern multi-core architectures. One central task in this domain is the detection of identity-by-descent (IBD) segments, which underpins a range of applications including genealogical inference, disease mapping, phasing, and population structure analysis.

This dissertation addresses these challenges by presenting a sequence of contributions that …

Becoming Black In A Divided Diaspora: Identity, Human Security, And The Intra-Group Dynamics Of African Americans And African Immigrants, Pleasant O. Ogedengbe

Graduate Thesis and Dissertation post-2024

This dissertation examines the formation of a shared Black identity among Native Black/African Americans and African immigrants in the United States through an expanded intersectional framework that integrates Social Identity Theory (SIT), Intergroup Contact Theory, and Secondary Marginalization Theory, all under the broader lens of human security. Human security is broadly defined as the protection of individuals from critical threats to their dignity, survival, and livelihood. It is deeply implicated in the experiences of Black communities confronting systemic racism and social exclusion. This study conceptualizes shared identity as a socio-psychological construct and a protective mechanism that enhances group-level resilience and …

The Southern Closet: A Survey Of Queer Community And Protest Methods Against Heteronormativity In Greater Orlando., Edward J. Lay

Graduate Thesis and Dissertation post-2024

In the United States, there have been efforts by the dominant socioeconomic class in Western countries, such as the United States, to regulate gender conformity and heteronormativity in schools, jobs, family structures, and public policy. Florida is no stranger to these efforts of regulation and has had a turbulent history with the LGBTQIA community, enough so that it has occasionally caught the public eye throughout the years. Exploring the actions and effects of the Johns Committee in the 1950s and 1960s, as well as the protests of Anita Bryant in Miami in the 1970s as they challenged equal rights ordinances, …

Correcting Course: How Congress Can Streamline U.S. Engagement With The International Criminal Court, Sophia N. Ramcharitar

Cardozo Law Review de•novo

Since its participation in the 1998 Rome Conference, the United States has vocalized opposition to key components of the International Criminal Court’s (ICC) jurisdiction. This opposition has informed longstanding positions taken by the executive branch and motivated anti-ICC legislation passed by Congress. Support for the ICC’s investigation in Ukraine challenged these narratives across the legislative and executive branches, but the ICC’s arrest warrants of Israeli officials in 2024 renewed Congress’s heightened skepticism of the court and sowed political divisions on efforts to sanction the ICC. Congress’s oscillation on the ICC within the past several years prompts a larger question of …

Criminalizing Ecocide: An Opportunity To Embed The Inseparability Of Humans From Nature Into The Law, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Amid widespread acknowledgment that we live on a planet in peril, the term “ecocide” packs a powerful rhetorical punch. Extant regulatory approaches to environmental protection feel insufficient in the face of the triple threat of climate change, pollution, and biodiversity loss. International criminal prosecution for ecocide, by contrast, promises to meet the moment, and a recent proposal to introduce ecocide into the canon of core international crimes is gaining traction. Assuming the push to criminalize ecocide continues to gain momentum, this Article argues that the primary (and perhaps, sole) benefit that international criminal law can offer in this context is …

Generative Contracts, Spencer Williams

Faculty Scholarship

This Article examines how consumers can use generative artificial intelligence to write their own contracts. Popularized by “chatbots” such as OpenAI’s ChatGPT, generative AI is a form of artificial intelligence that uses statistical models trained on massive amounts of data to generate human-like content such as text, images, music, and more. Generative AI is already being integrated into the practice of law and the legal profession. In the context of contracting and transactional law, most generative AI tools are focused on reviewing and managing large volumes of business contracts. Thus far, little attention has been given to using generative AI …

(Non)Police Brutality, Shawn E. Fields

Faculty Scholarship

Local governments increasingly rely on unarmed, nonpolice experts to provide public safety services. In response to demands to reduce police violence, many municipalities have empowered paramedics, mental health counselors, social workers, and homeless outreach personnel, to triage health and safety issues without police involvement. Pilot programs reallocating police funds to these alternate responders appear to reduce arrest rates and rates of police violence. But they have not eliminated acts of violence committed by these nonpolice actors themselves. Shocking stories of paramedics chemically sedating motionless patients to death, social workers assaulting clients, and homelessness response units brutally dispersing unhoused persons after …

Lone Stars Lessons, Amy F. Kimpel

Faculty Scholarship

This Article provides the first comprehensive empirical account of Operation Lone Star (OLS), Texas Governor Abbott’s immigration enforcement initiative at the southern border. Though OLS consists of several components, including border wall construction and the busing of migrants to “blue” states, the machinery of OLS is primarily designed to apprehend recent migrants and prosecute them for violations of Texas state criminal law. The most common OLS prosecutions are for misdemeanor criminal trespass after migrants are arrested on private ranch lands near the border. As many criminal justice reforms aim to shrink the scale and scope of the criminal legal system, …