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Gendered Capital Punishment, Sandra Babcock

William & Mary Journal of Race, Gender, and Social Justice

This Article, for the first time, grapples with the influence of gender on decision makers in women’s capital trials. Part I provides a brief overview of scholarship examining the experiences of women offenders in the criminal legal system. Part II explains how gender inflects the prosecutions of women charged with capital crimes, drawing on scholarly research as well as a data set comprised of the trial transcripts of every woman currently on death row in the United States. Part III explores how the gender of key decision makers could affect the quality of justice received by women capital defendants. I …

Contempt: The Original Judicial Cheat Code, Ryan L. Scott

Dickinson Law Review (2017-Present)

The judicial contempt power challenges the fundamental rights enshrined in America’s Constitution. Imagine spending eight years in federal prison with no right to a jury trial or a court appointed attorney. Your only reprieve is the discretion of the judge who is imprisoning you. Meaningful appeals and even habeas corpus actions are generally not available remedies. Instead, what was originally justified as an inherent power of the court, necessary to maintain order and decorum, is increasingly used for trivial offenses or to incarcerate individuals for far longer than their possible crimes would otherwise warrant.

Despite widespread instances of abuse of …

Command Responsibility And The War In Ukraine: Can Customary International Law Hold Russian Commanders Accountable For War Crimes?, Nicholas J. Nizinski

Dickinson Law Review (2017-Present)

Currently, neither Ukraine’s Constitution nor its criminal code establish the principle of command responsibility as a mode of criminal liability within the country. Key international statutes like Article 28 of the International Criminal Court and international case law, like the recently decided Case of Milanković v. Croatia, have firmly established the doctrine of command responsibility as a fundamental principle of customary international law applicable in the context of an armed conflict. Furthermore, the Milanković court affirmed a conviction based on command responsibility even in the absence of a clear domestic governing statute at the time the crime was committed, …

Artificial Fiduciaries, Zhaoyi Li

Washington and Lee Law Review

The rapid development of technology in the last decade has affected all levels of society. Corporate governance has not been immune to these changes. In the future, Artificial Intelligence (“AI”) fiduciaries may be technologically capable of serving as independent corporate directors. This could be an effective way to address the challenge of the absence of truly independent directors in the traditional governance framework. Artificial fiduciaries could also offer a way to mitigate agency costs and improve overall corporate governance. However, traditional corporate law lacks solutions for coping with the integration of AI into corporate governance.

Currently, there is little scholarship …

Grasping The Third Rail: Restorative Justice And Violent Crime, Olwyn Conway

Washington and Lee Law Review

Restorative justice is a means of responding to harm— including criminal offenses—through active accountability and repair, rather than through passive punishment and isolation. While restorative justice has demonstrated potential to meaningfully improve processes and outcomes for individuals and communities, the implementation of restorative justice programs to address crime—both within and alongside the American criminal system—has been slow, limited, and misplaced. Programs are often directed at low-level, nonviolent offenses that involve little if any cognizable harm. This approach creates two problems. One, it risks net-widening: bringing more citizens under criminal surveillance and carceral control for minor offenses—further diluting the constitutional and …

Columns Fall 2024, Southern Adventist University

Alumni Newsletter

Features information about summer events, department updates, Missions, and Homecoming.

Crime Pays: Michigan’S Peculiar Funding Of Public Libraries Through Penal Fines, Cody James

Faculty Journal Articles & Other Writings

No abstract provided.

Git Gud: The Case For Virtual Prison Games In The Fourth Industrial Revolution, Colleen M. O'Toole, Calvin V. Nguyen

Northern Illinois University Law Review

This Article aims to reframe the debate over how best to address the enormous financial and social costs of a criminal justice system which relies on traditional, brick-and-mortar prisons to control criminal behavior. Addressing the question of responsibility, it evaluates the role that judges and prosecutors play in perpetuating a persistent cycle of crime, arrest, and incarceration in a brick-and-mortar prison system, what this Article calls “Shawshank” prisons. Two forces which have shaped the criminal justice system are singled out for special attention: the bail system and the role of race in American politics.

After comparing the cost of the …

Vol. 45, No. 1, Fall 2024: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

Table of Contents and Masthead for Volume 45, Issue 1 of the Northern Illinois Law Review

Fall 2024 Degree Summary, Systems Intelligence And Data Analytics, University Of Nebraska At Omaha

Enrollment Reports

No abstract provided.

Feasibility Of Creating A Non-Profit And Nongovernmental Organization Cybersecurity Incident Dataset Repository Using Osint, Stanley Mierzwa, Iassen Christov

Center for Cybersecurity

Organizations of all types are prone to cybersecurity and information security attacks. Non-Profit Organizations (NPOs) and Non-Governmental Organizations (NGOs) are not exempt from using information technology solutions and, thus, have been the recipient victims of cyber attackers. There exist many areas and venues where data are collected to report back annually on the status and numbers of cybersecurity attacks against many sectors of our society. The Department of Homeland Security (DHS) Cybersecurity and Infrastructure Security Agency (CISA) catalogs sixteen critical sectors that are considered vital to the United States. However, finding where the NPO and NGO community should reside with …

Utilizing A Virtual Firewall Appliance For Introducing And Reinforcing The Concepts And Implementation Of Devices To Improve Security In A Computing Environment, Stanley Mierzwa, Christopher Eng

Center for Cybersecurity

The educational realm of higher education cybersecurity curriculum continues to evolve to provide more opportunities for experiential hands-on and work role-related practical applications of technology solutions. Gaining more excellent competencies is quickly becoming a standard requirement for programs with the National Security Agency Center of Academic Excellence designation. The work roles of cybersecurity include a variety of knowledge, skills, and abilities, depending on the activity category or task. Firewalls have been a staple cybersecurity, network security, and information security device and strategy to protect organization networks and computing environments. This paper will provide details and a description of the effort …

Intoxicated Scootering: Rethinking Electric Scooter Liability In Washington, David Goodwin

Washington Law Review

The widespread acceptance of electric scooters has transformed the landscape of urban transportation. Yet, the emerging phenomenon of intoxicated scootering poses unanswered questions of liability and accountability. New research indicates that a third of traumatic electric scooter injuries are associated with intoxicated scootering. This statistic is particularly alarming given that there are over fifty million scooter trips per year in the United States.

In Washington State, the State Legislature has not enacted a state-wide policy against intoxicated scootering. Instead, the Legislature delegates the authority to regulate the operation of electric scooters to local governments. Due to the ambiguity of whether …

Honoring The Other: The Imago Dei As A Foundational Doctrine For How The Church Treats The Marginalized, Brett A. Desper

Doctor of Ministry

The church struggles to minister to those on the margins of society, frequently dehumanizing those it ministers to. This dissertation argues that a starting point for addressing this issue is a renewal of the imago Dei doctrine as the foundation of what it means to be human. Chapter One defines the problem by referring to two primary problem areas: poverty and displaced people. A definition of poverty is offered, and four primary approaches to alleviate poverty are examined. Causes and definitions of displacement of people from their homes are offered, and some current relief methods are evaluated. Finally, a fundamental …

The Importance Of Policing, Stephen Rushin

South Carolina Law Review

No abstract provided.

Greater Of Two Evils: Trial Penalty Or Plea Penalty?, Breanne Potter

Cardozo Journal of Equal Rights & Social Justice

The article critiques the prevalence of plea bargaining in the U.S. criminal justice system, arguing that while it is often seen as a necessary evil for efficiency, it undermines constitutional rights and perpetuates injustice. The author introduces the concept of the "plea penalty," which refers to the significant and often overlooked consequences of accepting a guilty plea, such as the loss of rights and long-term collateral consequences. The article challenges the notion that the trial penalty—harsher sentences for those who go to trial—is the only concern, emphasizing that the plea penalty can be equally detrimental. It advocates for systemic reforms …

Not Just Mercy: Governors Should Use The Executive Clemency Power As A Corrective Tool For Mass Incarceration, Laura Tierney

Cardozo Journal of Equal Rights & Social Justice

The note argues that state governors should revive the use of executive clemency as a corrective tool to address mass incarceration and its disproportionate impact on communities of color. Executive clemency, which includes pardons, commutations, and sentence reductions, offers a means to provide immediate relief and promote social justice. The author emphasizes the historical roots of clemency as a check on the criminal justice system and advocates for its use to reduce prison populations and counteract the legacy of punitive policies.

The Impact Of Restorative Practices On Conflict And Student Perceptions Of School In Secondary School Classrooms, Michael Oberlander

School of Education and Leadership Student Capstone Projects

This capstone sought to answer the question: How can restorative justice practices reduce conflict and increase positive perceptions of school in secondary school classrooms? The historical background of zero tolerance policies and the school to prison pipeline created a need for an alternative approach to punitive discipline in schools. Restorative practices provide an opportunity for students to actively engage in solutions to wrongdoing alongside those that have been negatively affected. Through affective language, group discussion, and a solution focused approach, restorative practices can have a positive effect on socioemotional growth, improved school environment, and the school to prison pipeline. The …

Expanding Mental Health Courts In Illinois: How The Illinois Mental Health Court Treatment Act Is Not As Inclusive As It May Appear, Amelia O'Neal

Northern Illinois University Law Review

Far too many people in the criminal justice system also face mental illness. The Illinois Mental Health Court Treatment Act was passed in 2009 to help defendants who were facing mental health problems. It provides an alternative adjudication process. Many people who have committed crimes and are facing mental illness need help in ways that the typical criminal justice system cannot provide. Mental health courts can help people in these scenarios by providing alternative sentencing, less punitive sanctions, treatment programs, and many other benefits. Mental health courts provide an option that many people were not privy to until the early …

St. Mary's University - Music Department - Elizabeth Hish, Qiuying Chen

Music Department

Beth Hish shared her experience as a volunteer of the Fiesta Jazz Festival, included her role and favourite moment.

Exploring The Denial Of Institutional Racism: Impacts Of Social Identity, Perceptions Of Privilege, And Threat, Kalen Charles Kennedy

Dissertations (1934 -)

This dissertation consists of one correlational and one experimental study grounded in Social Identity Theory, which posits that individuals derive a significant portion of their self- concept from their membership in social groups (Tajfel & Turner, 1986). One’s social identity plays a crucial role in how individuals interpret intergroup relations. Building on this understanding, I explored factors that may explain the denial of institutional racism among White individuals, focusing on the importance of their racial identity, attitudes towards White privilege, and the perception of social threat. In Study 1, which included 193 White participants, a weak positive correlation was found …

Case Global: Faculty And Students Making A Global Impact In Extraordinary Times, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 16, No. 1 (2024)

• CWRU International Law student leader selected  as National Jurist Law Student of the Year
• CWRU Among the Best
• Three Decades of Global Impact
• Case Western Reserve Journal of International Law Tackles Global Climate Change
• The only Law School with a Foreign Policy Radio Program
• International Law Moot Court Powerhouse
• Celebrating the 75th Anniversary of the Universal Declaration and CWRU’s historic contributions to human rights
• CWRU law students develop Holocaust Memorial curriculum
• Yemen Accountability Project publishes fifth White Paper
• Financial Integrity Institute Expands
• Immigration Law program marks an extraordinary year
• International internships
• Capstone Placements take Students …

In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents

• To preserve, protect and expand
• Road to victory
• Welcoming a legal luminary
• Scholarly Impacts and Recognitions
• Pro bono pathways
• Society of Benchers
• Alumni Committees
• Class Notes
• In Memoriam
• Honor Roll of Donors

Constitutional Disorder, Robert L. Tsai

Faculty Scholarship

This is a review essay inspired by two books: Yuval Levin's American Covenant (2024) and Erwin Chemerinsky's No Democracy Lasts Forever (2024). I make the following points. First, all treatments of the U.S. Constitution can be mapped on a continuum from the worshipful to the diagnostic. Second, Levin's account, which inclines toward the devotional, extols certain features deemed both originalist and virtuous: social unity over untidiness, consensus over dissent, fear and loathing of mass politics. Third, such accounts may not be sufficiently nimble to grapple with contemporary problems such as new forms of oligarchy or movement capture of traditional parties. …

Contracting Hoop Dreams: Using Sports Law To Teach Transactional Practice, Cody Jacobs

Faculty Scholarship

One of the places I find the most joy in teaching legal writing is problem development—writing compelling factual scenarios that give students interesting legal issues to work through is rewarding and fun.  The best prompts will motivate students to really jump into their role representing their client and encourage them to think about the “big picture”—how the law ties into social, political, and economic structures in society at large.  Much has been written about the best ways to do this in the context of litigation assignments (briefs, memos, etc.), but there has been less discussion about problem creation in the …

Assessing The Effectiveness Of Law Enforcement Strategies In Combating E-Crime Using Ai, Mohammad Ahmad Alkhazraji

Theses

The rise of e-crime, particularly international online scams, has presented significant challenges to law enforcement agencies around the world. Scams have become transnational, exploiting the internet's interconnectivity to deceive victims from different countries. Law enforcement agencies have a severe uphill battle in trying to combat these types of crimes because of technological and jurisdictional limitations and resource accessibility. This research has analyzed the effectiveness of current policing against international online scams, focusing on the challenges encountered thus far and possible solutions. The critical research objectives revolve around assessing law enforcement agencies' present strategies, identifying the main barriers that these agencies …

The Missing Interest: Enforcing A Child’S Right To Public Education, Jamie Miller, Samantha Blond

NULR Online

No abstract provided.

Shocking Sentences, John B. Meixner Jr.

Scholarly Works

Harsh recidivist sentencing penalties, like three-strikes laws, have been criticized heavily among both academics and practitioners on a number of different grounds. Most arguments focus on how sentences arising from these penalties are disproportionate—that there is no sensible relationship between the wrong committed and the sentence imposed. Those critiques are valid, but there’s another important problem with recidivist sentencing penalties that has been overlooked: they lead to sentences that are totally unexpected—indeed, shocking—to the defendants who face them. Many recidivist sentencing penalties cause large leaps in sentencing exposure that amount to exponential growth when compared with a defendant’s prior sentences. …

A Rule Without A Reason: Determining The Capacity For Negligence Of A Person With Mental Illness, Alex Geisinger, David Dematteo, Kellie Wiltsie, Chelsea Jackson

William & Mary Law Review

Since the pandemic, the impacts of structural bias on racial minorities and other groups have become an even more compelling concern for legal commentators. One group that has received some attention in the effort to confront bias is the mentally ill. This attention has coincided with a rise in the willingness of individuals to talk about, and destigmatize, mental health issues in society. Yet, despite these efforts, along with a long and well-established body of scholarship that criticizes its treatment of mental illness, the civil law—particularly the law of tort—continues its entrenched refusal to consider mental illness when determining the …

Standing At The Crossroads: An Analysis Of The Circuit Split Over Ada Tester Standing, Jennifer Tedisco

Cardozo Journal of Equal Rights & Social Justice

This Article analyzes the circuit split concerning whether self-appointed testers without intent to travel or book a reservation have Article III standing to sue hotels forfailing to disclose accessibility information on their websites in violation of an Americans with Disabilities Act ("ADA") regulation. This Article ultimately argues that these testers should have standing under an informational injury and/or stigmatic injury rationale. However, negative perceptions ofADA testers coupled with the Supreme Court's recent standing decisions haveput the private enforcement of the ADA and other disability rights statutes in jeopardy. In hopes ofpreserving the ability oftesters to bring suit against hotels and …