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The Judicial Opinions Of Sandra Schultz Newman, Joel Fishman

Law Faculty Publications

Judge Of The Commonwealth Court Of Pennsylvania, 1993-1995.

Associate Justice Of The Supreme Court Of Pennsylvania, 1996-2006.

Presented In A Special Ceremony Of The Supreme Court Of Pennsylvania In Naming Its Courtroom In Philadelphia On September 9, 2025.

compiled by Joel Fishman, PH.D., M.L.S.

Missing & Murdered Indigenous People, Victoria Giordano

Student Works

No abstract provided.

Water, Water, Everywhere, And Not A Drop Of Justice: International Water Crimes In The Anthropocene, Matthew J. D’Amato

Student Works

No abstract provided.

Partnership Law, Troy Christensen, Jeff Dorrill, Matthew Schindel, Madeline Ballard, Nick Beals

SMU Annual Texas Survey

No abstract provided.

Compelled Contraception, Lars Noah

UF Law Faculty Publications

Can the federal government insist that people use contraceptives? It may come as a surprise to learn that the U.S. Food and Drug Administration (FDA) has done just that as a condition for allowing access to some pharmaceutical products that create a serious risk of birth defects. Over the last few decades, the agency has demanded that patients using certain teratogenic agents—now numbering over a dozen drugs prescribed for a variety of conditions, ranging from severe acne and psoriasis to multiple myeloma and pulmonary hypertension—agree to avoid becoming pregnant, sometimes for years after completing their course of treatment. Undoubtedly the …

Law School Veterans Clinics: Helping Veterans, Training Students, Improving The System, Jennifer Morrell, Alexander Scherr, Judy Ann Clausen, Hillary Wandler, Morgan Macisaac-Bykowski

UF Law Faculty Publications

This essay makes the case for law schools to create clinics and externship courses that address the needs of veterans. Veterans legal work offers excellent opportunities to represent individual veterans to obtain the benefits they earned through service to our country. At the same time, veterans clinic work can enlist students in systemic advocacy that changes how institutions address veterans' needs through appellate, administrative, and class action advocacy. Law students who work in veterans clinics develop skills they can readily transfer to other practice areas while working closely with clients and developing their professional identities. Finally, veterans clinics help law …

Fair-Enough Ai, Jane R. Bambauer, Tal Z. Zarsky

UF Law Faculty Publications

AI is unfair. It can be inaccurate (in several ways), biased (in several ways, and to several groups), disproportionate, exploitable, and opaque. The policy world is awash in AI-governance frameworks, ethical guidelines, and other policy documents, but these lack concrete standards and provide little guidance on how to select between competing versions of (un)fairness. In other words, they abdicate the responsibility of setting priorities among values. At the same time, many of the policy documents harshly criticize AI and algorithmic tools for deficiencies in some particular aspect of fairness without considering whether alternative designs that fix the problem would make …

Mission Creep Or Mission Failure? A Review Of Melissa Jacoby's Unjust Debts, Christopher D. Hampson

UF Law Faculty Publications

No abstract provided.

"May It Please Her Honor": The United States' First Women Judges, 1870-1930, Elizabeth D. Katz

UF Law Faculty Publications

Between 1870 and 1930, hundreds of women served as judges in the United States. While a small number compared to the men who served, these pathbreaking officials were particularly visible and influential in women's efforts to secure political rights and advance in the legal profession. Women's progress in obtaining judgeships developed in a regional pattern, with women in the Midwest and West able to secure earlier and broader jurisdiction positions than their counterparts in the Northeast and South. Seeking access to the judiciary, women in conservative states made gendered arguments about women's supposed superiority in overseeing cases involving women, children, …

Front Matter

SMU Law Review

No abstract provided.

The Law Of First Impression, Amy J. Griffin

SMU Law Review

Judicial decision-making is governed by a complex web of unwritten operational rules—rules made by judges themselves. Some of these rules, like stare decisis or canons of interpretation, garner endless attention. Others remain unnoticed, becoming entrenched without ever being evaluated.

This Article is the first to identify and evaluate one such category of rules—those governing issues of first impression Public and academic attention is focused almost entirely on judicial fidelity to precedent, not what courts do in its absence. But issues of first impression are decided regularly by all U.S. courts, and the first impression label can have concrete legal effects. …

Front Matter

SMU Law Review

No abstract provided.

Guilty Pleas Matter: Waivers And The Forgotten Solemnity Of A Sacred Process, Julian A. Cook Iii

SMU Law Review

Approximately 98% of federal cases are resolved by means of a guilty plea. Thus, it is the guilty plea hearing, not the jury trial, that is the heart and lungs of our criminal justice system. Given the frequency of its use, coupled with the deeply impactful personal consequences that necessarily accompany a conviction, district courts play a critical evaluative and safeguarding function. As famously stated by the Supreme Court in Brady v. United States, the decision to plead guilty “is a grave and solemn act to be accepted only with care and discernment . . . .”

Guilty Pleas …

Front Matter

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

The Mutability Of Dangerousness: Domestic Violence And Second Amendment Restoration After Rahimi, F. Lee Francis

SMU Law Review

This Article considers whether the Constitution permits the permanent disarmament of individuals once deemed dangerous—particularly in cases involving domestic violence. In United States v. Rahimi, the Supreme Court reaffirmed that the Second Amendment protects the right of the people to keep and bear arms, subject only to regulation consistent with historical tradition. That tradition, as examined under New York State Rifle & Pistol Association v. Bruen, does not support lifetime bans absent an ongoing threat.

The Article argues that dangerousness is not immutable. Founding-era laws recognized disarmament as a temporary, conditional measure tied to present conduct, not a …

Axiomatic Shifting Paradigms: Wittgenstein’S Language-Games, Gödel’S Incompleteness Theorem, Language, Law, And The Limits Of Formalism, Charles Edward Andrew Lincoln Iv

University of Arkansas at Little Rock Law Review

This Article shows how Ludwig Wittgenstein’s idea of “language-games” and Kurt Gödel’s Incompleteness Theorems mark the outer limits of legal formalism and other leading interpretive theories—textualism, originalism, and purposivism. It begins by tracing Wittgenstein’s progression from a “picture theory” of language to the view that social context drives meaning more than any simple correspondence between words and reality. Gödel’s work on formal systems, suggesting that mathematics—long held as the pinnacle of logical certainty—itself cannot be both consistent and complete, reinforces the notion that purely “logical” approaches cannot capture the full range of linguistic and social nuances at play in law. …

Do Federal Circuit Courts Of Appeal Provide Adequate Assistance To Self-Represented Litigants? A Review Of The Circuits’ Websites Resources, Jona Goldschmidt

Indiana Journal of Law and Social Equality

No abstract provided.

Restart (Re-Dash Entry Support, Training, And Reintegration For Today ), Ronaldo Broadbent, Marissa Harper, Maggie Gibbons, Aspen Nord, Bree Knutson, Gabbi Claxton, Alyssa Mendez, Brandon Smith

Undergraduate Theses, Professional Papers, and Capstone Artifacts

Our project is about reducing friction for the re-entry of previously incarcerated, emerging adults. To contribute to the solution of the issues facing emerging adults returning from incarceration in the Missoula community, we will implement three workshop events to foster a sense of community and belongingness in the returning citizens population. The goal of these workshops is to aid in a smoother transition back into society, integrating components of social, personal, and community-based skill sets. We have found through surveying individuals who are currently or previously incarcerated in our targeted age range of 17-25 that a majority of those surveyed …

North Carolina A&T: Perfect Storms, Charles Euchner

GHEA21 Open Educational Resources

If the problem of race is the “American dilemma,” as the Swedish sociologist Gunnar Myrdal argued in a classic 1944 study, North Carolina’s response to this dilemma presents a complex puzzle. Unlike other states of the old Confederacy, North Carolina has a long tradition of reform in education, labor, business, and voting rights. North Carolina also has robust competition between Republicans and Democrats. Because of this competition, both parties have battled intensely over voting rights.

Promoting International Criminal Justice In Korea: A Korean War Crimes Tribunal?, John M. B. Balouziyeh

Denver Journal of International Law & Policy

Since the Korean Armistice Agreement was signed between representatives of United Nations Command, the Korean People’s Army, and the Chinese People’s Volunteer Army in 1953, tensions have run high on the Korean Peninsula. North Korea has time and again threatened an invasion of South Korea and has issued warnings to South Korea that, if provoked, it would not hesitate to use nuclear missiles and chemical weapons against its southern neighbor. Both the threat of an invasion and the deployment of weapons of mass destruction leave open an important question in the event of an armed conflict on the Korean Peninsula: …

United States Senior District Judge William E. Smith – A Judge For All Seasons, Patricia A. Sullivan

Roger Williams University Law Review

No abstract provided.

Budgeting For Social Equity: Exploring The (Nearly) Unknown, Bruce D. Mcdonald Iii, Sean M. Mccandless

School of Public Service Faculty Publications

Public administration has become increasingly concerned with social equity, particularly in budgetary processes. Local governments have adopted so-called equity budgeting practices, yet little is understood about how and why they are adopted; what budgeting practices are deemed social equity budgeting versus traditional budgeting; what is required to adopt and implement social equity budgeting successfully; and how success is measured. We analyzed government and nonprofit documents on social equity budgeting, followed by interviews with local government budget directors serving “early adopter cities” of social equity budgeting practices. We developed a framework of social equity budgeting practices to link the findings regarding …

Guilty Pleas Matter: Waivers And The Forgotten Solemnity Of A Sacred Process, Julian A. Cook Iii

UF Law Faculty Publications

Approximately 98% of federal cases are resolved by means of a guilty plea. Thus, it is the guilty plea hearing, not the jury trial, that is the heart and lungs of our criminal justice system. Given the frequency of its use, coupled with the deeply impactful personal consequences that necessarily accompany a conviction, district courts play a critical evaluative and safeguarding function. As famously stated by the Supreme Court in Brady v. United States, the decision to plead guilty “is a grave and solemn act to be accepted only with care and discernment . . . .”

Guilty Pleas …

Understanding The Effect Of Restorative Leadership Development In Parent Or Caregiver Differentiation Of Self In Chronically Conflicted Family Systems Experiencing Chronic Absenteeism/Truancy, Lisa J. Welter

All Electronic Theses and Dissertations

This study sought to understand the effectiveness of restorative leadership development and coaching in parent or caregiver differentiation of self in chronically conflicted family systems experiencing chronic absenteeism or truancy. This mixed method study employed a program evaluation approach that examines parent pre- and post-survey results after engaging with The Parent Line over nine weeks. A third-party statistician collected and analyzed the data to provide research transparency. The research includes a review of the biblical book of Genesis 37-50 examining Joseph's attributes towards differentiation of self in a chronically anxious family system and a literature review that examined the parental …

A Step Forward Or A Step Backwards: An Analysis Of Assembly Bill 333 And Gang Enhancement Sentencing In California, Chang, Hannah

Santa Clara Law Review

The prosecution of gang crimes and gang enhancements have historically been a source of racial inequity and disparity within the criminal justice system. In California, this is undoubtedly so, as Hispanic and Black men make up the vast majority of individuals on the CalGang gang database and in California prisons. The state Legislature attempted to address this disparity in gang sentencing by enacting Assembly Bill 333 (AB 333) which redefines what a criminal street gang is under the law. Despite this change, the current language of the bill still falls short of its stated intent and racial disparities continue to …

Empirically Testing The "Unbiased Factfinder[S]", Chris Cox

Scholarly Works

No abstract provided.

Mental Health Perceptions Among Caribbean Adults In The United States, Ambika Ramjawam

Honors Undergraduate Theses

The purpose of this study was to investigate mental health literacy (MHL) among Caribbean American adults and to assess the extent to which mental health perceptions (MHP) and acculturative stress contribute to variations in MHL. A cross-sectional, quantitative survey design was utilized to examine MHL, MHP, and acculturative stress among a sample of 138 participants. Pearson correlation analyses were conducted to assess associations among MHL, MHP, acculturation, and age. Independent samples t-tests and one-way ANOVAs were performed to examine demographics across key variables. Findings revealed moderate levels of MHL (M = 4.7, SD = .99) and a weak, positive correlation …

A Mixed Methods Study Of Teacher Perceptions Of Restorative Practice In The Classroom, Crystal Brown

Doctor of Education Dissertations

This mixed methods study explored the perceptions of teachers in North Carolina alternative schools regarding the implementation and impact of restorative practices (RPs) on professional practice, student behavior, academic progress, and reentry outcomes after behavioral incidents. A sequential explanatory mixed methods design was used, beginning with an 18-item Likert scale survey completed by 30 educators and followed by 10 semi-structured interviews. Quantitative findings revealed moderate agreement that RP improved classroom management and conflict resolution, though academic and attendance gains were limited. Qualitative findings offered deeper insight into how restorative circles cultivated trust, accountability, and student voice, enabling more effective student-teacher …

The Implications Of Student-Centered Design On High School Dropout: The Experience Through The Lens Of Students At-Risk Of Dropping Out, Angela R. Alford

Doctor of Education Dissertations

This qualitative study explores the implications of Student-Centered Design on high school completion, particularly for students identified as at risk of dropping out. Grounded in the theory of Student-Centered Design, this research examines how this approach serves as a scaffold for collaborative problem-solving in secondary education and addressing real-world challenges faced by students at-risk of dropping out.

The study uses a qualitative methodology, utilizing a survey and a focus group to gain insight from former students who experienced Student-Centered Design, as well as educators who implemented this approach. By analyzing participant feedback, the research evaluates the effectiveness of Student-Centered Design …