Digital Commons Network^™

The Evolution Of Experiential Legal Education, Adam Chilton, Peter Joy, Kyle Rozema

Coase-Sandor Institute for Law & Economics Research Paper Series

To help bridge the gap between legal education and legal practice, in 2014 the American Bar Association adopted a requirement that law students take at least six credits of “experiential” courses. Despite limited research on the effects of this reform, the ABA is currently considering a new re- form that would require law students to take twice as many experiential credits to graduate. We provide new evidence for this debate by studying the evolution of experiential legal education and the impacts of the 2014 reform. We compile data reported by law schools to the ABA to document a dramatic rise …

Locking Up Potential: Why Children Need Access To Special Education Services In Solitary, Lauren Edwards

Touro Law Review

Correctional facilities across the country are consistently failing to provide adequate special education to disabled children who are placed in solitary confinement due to inadequate funding, untrained staff, and lack of consensus on how to implement a program. This Note compares the special education services that disabled children are entitled to under the Free Appropriate Public Education (“FAPE”) statute with the education they receive during incarceration. This Note also discusses suggestions for implementing meaningful special education when a child is isolated. When disabled children are placed in solitary confinement and deprived of education tailored to their specific needs and abilities, …

Command And Consequence: Reassessing King David’S Military Decisions In The Uriah Affair – A Legal And Ethical Analysis In The Context Of Modern Legal Theory, Jonathan Hasson, Oded Mudrik, Abraham Tennenbaum

Touro Law Review

This study critically reevaluates King David's command in 2 Samuel 11 and 12 to place Uriah the Hittite in the battle's frontlines, resulting in his death, through the contemporary lens of military law and ethics. By juxtaposing the ancient narrative with modern legal doctrines, it investigates the complexities of command responsibility and the intersection of personal motives in military orders. Focusing on the interplay between David's personal entanglements with Bathsheba and his official capacity as a military leader, the analysis navigates the ethical quandaries and legal ramifications of his decisions. This piece methodically dissects the Biblical text and contemporaneous legal …

“Digital Integrity”: Defending The Judicial Integrity In The Digital Age, Guy Alon, Doron Menashe, Guy Itzhak Sender

Touro Law Review

Recent revelations have shown that the protection of the Fourth Amendment in the digital age is inadequate. Despite well-known exclusionary rules regarding evidence obtained by illegal search and seizure, current trends in the digital age and the law of evidence resulted in courts that tend to include such evidence, and by doing so, create significant risk of both substantive and procedural errors and hence increase the potential for wrongful convictions. To address the matter and try to empower and modernize the protection given by the Fourth Amendment, this article suggests performing a revolution in the law of evidence in the …

Special Issues Facing People Who Use Drugs And How Sensitive Lawyers Can Help: Three Case Studies From Rutgers Law Associate, Andrew J. Rothman

Touro Law Review

No abstract provided.

Unboxing The Box: A Deep Dive Into Solitary Confinement And When It May Violate The First And Eighth Amendments, Madison Scarfaro

Touro Law Review

Solitary confinement has been a practice used for those who are incarcerated in our criminal justice system for hundreds of years. Our nation, as well as our society have evolved and continue to evolve over the course of hundreds of years. However, the use of solitary confinement has not. Even with all of the research and literature surrounding the monstrosities that come about from solitary confinement, it is still used in most of our jails and prisons to this day. The Eighth Amendment to the U.S. Constitution provides: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel …

The False Evidence Ploy: A Coercive, Not Just Deceptive, Police Tactic, Alexa D. Sondey

Touro Law Review

Why would people confess to a crime they did not commit? It may seem hard to imagine that an innocent person would confess but as this Note will show, false confessions are a real and serious issue. One cause of false confessions is the False Evidence Ploy - a police interrogation tactic where police falsely tell a suspect they have some sort of incriminating evidence against them. This Note argues that the Ploy is psychological coercion, as it may cause innocent suspects to believe they actually committed the crime and then confess. N.Y. Bill S324A presented a solution, banning the …

Scenes From A Sabbatical: Narratives Of School Leadership, Albert Boerema

University Faculty Publications and Creative Works

School leadership is often described in terms of vision, strategy, and efficiency. However, the lived experiences of school leaders reveal a far more complex reality—one shaped by relationships, ethical dilemmas, and the daily challenges of guiding a school community. This paper presents insights from a sabbatical study in which the author observed and interviewed leaders at five schools—one public and four faith-based.Four aspects of leadership are illustrated in this essay: the emotionally charged moments, the tensions that arise between competing visions, the fragility of educational institutions, and the role of hospitality in leadership.These narratives illustrate how school leaders navigate conflict, …

Table Of Contents

Touro Law Review

No abstract provided.

The Systematic Devaluation Of Legal Scholarship In Criminology And Criminal Justice, Henry F. Fradella

Touro Law Review

Certain bibliometrics have become important indicators of scholarly impact despite their many weaknesses. This Article presents data demonstrating the shortcomings of using citation counts and journal impact factors for law-based scholarship. Moreover, the Article argues that reliance on these flawed metrics is just one example of how scholars in criminology and criminal justice (“CCJ”) systematically devalue legal scholarship.

The Article begins by offering quotations from social scientists that provide insights into the negative ways they view legal scholars and their work. It also quotes from interviews conducted with CCJ scholars who hold a law degree and either earned or are …

Targeted And Ticketed: Student Ticketing And The Perpetuation Of The School-To- Prison Pipeline, Jasmine Richardson-Rushin, Angelica Jimenez, Gwendolyn Walker, Hannah Benton Eidsath

UC Law Journal of Race and Economic Justice

The National Center for Youth Law (NCYL) is a non-profit organization working to end the harms of the juvenile, municipal and criminal legal systems, including by decriminalizing normal adolescent behavior, ending financial consequences, and improving children’s access to adequate developmentally appropriate treatment. Our work prioritizes eradicating the school-to-prison pipeline, and abolishing harmful fines, fees and economic sanctions through the Debt Free Justice Campaign (DFJ).

In school districts across the nation, students receive fees and fines as consequences for school-based behavior. Students are policed and ticketed for age-appropriate behaviors and disciplinary matters such as littering, truancy, and underage drinking and smoking. …

With Dignity For All: Human Dignity Reforms As “Win-Win” In Correctional Settings, Arthur L. Rizer

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Combating The Rising Threat Of Sextortion, Margaret Galles

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Table Of Contents - Vol. 49, Winter 2025

Southern Illinois University Law Journal

No abstract provided.

Empirically Testing The “Unbiased Factfinder[S]”, Chris Cox

Southern Illinois University Law Journal

This scholarly investigation examines the decision-making processes in sexual assault cases, juxtaposing the charging decisions of lay individuals with the factual sufficiency reviews conducted by appellate judges. The study's comprehensive analysis of 254 cases provides a unique perspective on criminal justice decision-making within the context of the military justice system—a singular jurisdiction that confers prosecutorial discretion upon lay individuals and permits extensive factual sufficiency reviews by appellate courts, akin to quasi-jury fact-finding articulated in written opinions.

The research findings challenge the paradigm of formal legalism, lending support to a legal realist perspective that posits both lay individuals and judges are …

Derailing Deportation Through State Legislation, Stacy Caplow

University of San Francisco Law Review

No abstract provided.

“Forced Worship Stinks In God’S Nostrils”: The Inquisition, Sepharad, And The American Experiment, Isaac Amon

Touro Law Review

In December 1791, the Bill of Rights, comprising the first 10 amendments to the U.S. Constitution, enshrined fundamental protections for individual freedoms, with the First Amendment guaranteeing liberty of conscience. This milestone, however, was the culmination of centuries of struggle. The arrival of Iberian Jews, including conversos, in North America played a pivotal role in shaping the course of American history. The Founders referenced the Inquisition in their letters and debates, particularly in discussions on legal protections for criminal suspects and the broader issue of religious liberty. Founding assurances of religious freedom to Jews and Christians stand in stark contrast …

The Intersection Of Dementia And Criminal Behavior, J. Taylor Humphrey

Marquette Law Review

As the number of individuals affected by dementia increases, the criminal justice system continues to face questions about dementia and criminal responsibility. However, gaps in the legal process have left these individuals, incapable of forming intent, vulnerable to wrongful punishment. Courts rely on traditional culpability frameworks that fail to account for the nuance in dementia-related cognitive decline, and, as a result, prisons are forced to function as de facto nursing homes lacking adequate resources to provide proper care. This Comment proposes treating dementia as a sliding scale, arguing for a context-specific response through streamlined crisis response, use of diversion programs, …

Remixing Oer Assignment: "Advantges And Disadvantages Of State-Level Policies", Katie Zuber

Open Educational Resources

This assignment, created by Katie Zuber, uses OER readings to help students understand how federalism impacts their everyday lives. Using the United States’ response to the Coronavirus as a case study, students will see firsthand that where decisions get made (i.e., the state or federal level) often dictates who gets what, when, and how. This assignment was made as part of a workshop on remixing OERs at John Jay College in 2025.

Remixing Oer Assignment: Incarceration And Homicide Trends, Veronica Michel

Open Educational Resources

In this assignment, Professor Veronica Michel asks students to look for data in two different open access sources and combine them into a new, remixed dataset that they will use to conduct analysis and write a report. The assignment encourages students to play an active role in selecting, formatting and interpreting openly available data. This assignment was created as part of a seminar on remixing OER that ran in 2025.

Ground Rules: Giving Meaning And Effect To Key Contested Terms In The California Racial Justice Act, Bazelon, Lara, Redbird, Dr. Beth, Yan, Belle

Santa Clara Law Review

The California Racial Justice Act (RJA), which applies to all pretrial, trial, and post-conviction defendants,

prohibits any state actor from relying upon racial bias to seek or obtain a conviction or sentence against a defendant. In a state where racial disparities in incarceration have been growing for decades, the law, which became retroactive in 2024, has the power to create a sea of change across California criminal institutions. Using the power of state constitutional law and relying upon the principles of comity and federalism, the California Racial Justice Act explicitly rejects the intent-to-discriminate standard set by the U.S. Supreme Court …

Empirical Analysis Of Racial Disparities In Policing, Premkumar, Deepak, Lofstrom, Magnus, Hayes, Joseph, Martin, Brandon, Cremin, Sean

Santa Clara Law Review

Racial disparities within the criminal justice system continue to be a pressing issue, especially after the recent passage of California’s Racial Justice Act, which allows for a broader set of legal challenges based on racially disparate treatment. In this article, we analyze data for almost four million stops by California’s fifteen largest law enforcement agencies in 2019, examining the extent to which people of color experience searches, enforcement, intrusiveness, and use of force differently from white people. Black Californians are more likely to be searched than white Californians, but searches of Black civilians reveal less contraband and evidence. Black people …

Breaking The Chains: An Exploration Of The Effectiveness Of Cbt On Violent Vs. Nonviolent Offenders, Emma E. Sheppleman

Capstone Showcase

Cognitive-behavioral therapy (CBT) is a well known and common form of theory used to treat a variety of disorders. Our criminal justice system has tried and failed at rehabilitating offenders through a punishment-based approach. CBT opens the door to a treatment approach that actually reduces recidivism. Specifically, this research aims to look at the varying effects that CBT has on violent vs nonviolent offenders. Different types of CBT yield differing effects for violent and nonviolent offenders, with some benefitting one more than the other. Looking at the integrity of the CBT program is an important component to keep in mind …

The New Atrocity In International Law, Natalie R. Davidson

Vanderbilt Journal of Transnational Law

No abstract provided.

"The Only Place I'M Allowed In The City Is Court": Racial Capitalism, Gentrification, And The Criminalization Of Homelessness In Missoula, Montana, River Rafferty

Scripps Senior Theses

This thesis dissects how gentrification, homelessness, and criminalization intersect and influence one another, using Missoula, Montana's recent urban camping ban as a case study.

It argues that racial capitalism, as a hermeneutic, structures the logics of Missoula's Ordinance 3747 and that gentrification, as a manifestation of racial capitalism, creates a structural imperative for the criminalization of homelessness. In addition, it asserts that local community organizations such as the Missoula Tenants Union and the Missoula Unhoused Neighbors Union offer viable alternatives to the current carceral organization of public policy, orienting space in the city toward what Ruth Wilson Gilmore terms abolition …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

Intersectionality Of Women's Rights Advocacy: Resource Equity, Protection From Violence, And Legal Equality, Erin Hunt

Integrated Studies

Placing a frame of intersectionality on women’s rights advocacy changes not only the way the movement is viewed, but it also strengthens the actions taken and the future processes as well. There are many intricate issues within the context of women’s rights advocacy. However, examining the intersectional issues and aspects of resource equity, protection from violence, and legal equality can attest to the fundamental concerns continually being faced. In exploring the current difficulties along with the past outcomes from an intersectional standpoint, there is a more significant possibility for affirmative change moving forward. Intersectionality within women’s rights shows the overlapping …

The Csi Effect: Media Influence On Juror Perceptions Of Forensic Evidence, Toni Besselaar

Scripps Senior Theses

Can the media you consume shape your expectations in the courtroom? This thesis explores how legal media consumption influences jurors' perceptions of forensic evidence, focusing on blood spatter analysis and its potential impact on verdicts. Drawing on the CSI Effect, the proposed study will examine whether fictional crime dramas and true crime documentaries differ in their effects on jurors’ expectations and skepticism about forensic evidence. Approximately 150 jury-eligible participants will be recruited for an experimental study exploring the effects of media exposure and prior legal media consumption. Participants will view a legal scenario involving inconclusive blood spatter evidence after exposure …

Trauma-Informed Judicial Practice Meets Therapeutic Jurisprudence: Compassionate Written Judgments In Child Protection Cases, Shelley Kierstead

All Papers

Society has become acutely aware that trauma arises from many life events and manifests in a range of physical and psychological symptoms. The legal community is increasingly recognizing that clients living with trauma effects would be much better served with trauma-informed services. While much of the emerging literature in the legal field focuses on lawyers’ work, there is growing recognition that judges can also play a role in responding effectively to trauma.

In child protection cases, trauma frequently exists at different yet related levels – for the child who is the subject of protection proceedings, and for one or more …

An International Law Of The Emotions, Emily Kidd White

All Papers

Talk of the emotional or affective turn in international law is relatively recent though it tracks and echoes several other critical methods movements, including the turn to history, in the study of international law and, so too, a two-decade long wave of law and emotions research in several domestic legal systems. The affective turn in international law in several instances aims to critique a post-Cold War optimism that held out the promise that a rules and reason-based international order would work to abate war, and secure peace, prosperity and efficient capital flows. As outlined by the editors of this volume …