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Vol. 53, No. 1: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Chanticleer | September 2024, Jacksonville State University

Chanticleer

No abstract provided.

Weak-Willed Legislatures And Statutory Interpretation, Helen Zhao

University of Chicago Law Review

Not all statutes are created equal. Contributing to the literature on “super statutes,” I suggest that an analogy to the philosophical concept of weakness of will can illuminate circumstances under which some statutes ought to stand above others. Analogizing to philosopher Richard Holton’s account of weak will, I develop an account in which some statutes express long-term commitments, are intended to foreclose future deliberation, and enact reasons into the law. Such statutes have the status of what Holton calls “resolutions.” Like an individual resolving to stop eating meat, yet finding themself unable to resist, Congress can be weak willed when …

Foreword, David L. Schwartz, Kat M. Albrecht

Northwestern University Law Review

Offering a critique is often easier than proposing a solution. This refrain echoed frequently in the months and years that we spent developing what would become the Systematic Content Analysis of Litigation EventS (SCALES) Open Knowledge Network, a project born from the collaborative efforts of experts across various disciplines.

Legitimacy Of International And Hybrid Criminal Tribunals: Political, Normative, Economic, And Sociological Perspectives, Suhong Yang

Denver Journal of International Law & Policy

This article examines the legitimacy of international and hybrid criminal tribunals that try atrocities crimes in post-conflict situations. It addresses legitimacy from political, normative, economic, and sociological perspectives. Political legitimacy focuses on the creation of authority. Normative legitimacy emphasizes the criteria for justifications, considering justice, independence, fairness, legality, and effectiveness as metrics. Economic legitimacy explores the cost, i.e., time and money, to address cases, as delayed or expensive justice suffers. Sociological legitimacy reflects the acceptance of the institution by the public, focusing on audiences’ perceptions of legitimacy. Multi-layered audiences make determinations about an institution’s legitimacy based on their cognitions, which …

The Long Arm Of School Punishment: The Role Of School Suspension On Self-Rated Health From Adolescence To Midlife, Michael Niño, Alexa Angton, Kathryn Norton-Smith, Kayla Allison

Sociology and Criminology Faculty Publications and Presentations

School suspension has been linked to numerous adverse social outcomes in adolescence and adulthood. While research continues to highlight the deleterious consequences tied to suspension, less is known about how exposure to suspension influences health over the life course. Drawing from panel data, we address this gap by investigating whether school suspension is associated with self-rated health from adolescence to midlife. Compared to youth with no history of suspension, suspended youth were more likely to report poorer health in adolescence. Findings also demonstrate that school suspension plays a significant role in self-rated health patterns over time. Specifically, we find suspended …

Mandatory Anti-Bias Cle: A Serious Problem Deserves More Meaningful Response, Rima Sirota

Journal of Legal Education

No abstract provided.

Judicial Integrity Under Scrutiny: Analyzing Misconduct Allegations During Times Of Turmoil, Nicholas Gigliotti

Master's Theses and Capstones

Judicial ethics, grounded in principles of impartiality and integrity, face threats when public perceptions are compromised by instances of misconduct and the actions of those who fail to adhere to these core standards. Since 1980, the Judicial Conduct and Disability Act has provided a mechanism for reporting and addressing allegations of misconduct that do not reach the level of impeachment. This process offers complainants a means to hold judges accountable for their actions and often serves as a forum for addressing grievances that might otherwise go unheard. While the federal judiciary is typically insulated from external pressures due to lifetime …

Constitutional Law Through Co-Curricular Civic Engagement, Jason M. Leggett

Open Educational Resources

No abstract provided.

Child-Taking, Diane Marie Amann

Michigan Journal of International Law

A ruling group at times takes certain children out of their community and then tries to remake them in its image. It tries to rid the child of undesired differences, in ethnicity or nationality, religion or politics, race or ancestry, culture or class. There are too many examples: the colonialist residential schools that forced settler cultures on Indigenous children; the military juntas that kidnapped dissidents’ children; and today’s reports of abductions amid crises like that in Syria. Too often nothing is done, and the children are lost. But that may be changing, as the International Criminal Court (“ICC”) is seeking …

Cas 140x.50: Addictions And Diversity, Katie Smith

University of Montana Course Syllabi, 2021-2025

No abstract provided.

The Fair Chance To Compete For Jobs Act: Proposing A More Equitable Statue For Individuals Affected By The Justice System, Brian M. Joseph

Hofstra Labor & Employment Law Journal

No abstract provided.

From Margins To Center: Elevating The Voices Of Disadvantaged Families In Child Welfare, Jerron R. Wheeler

Marquette Benefits and Social Welfare Law Review

This essay sheds light on the systemic challenges faced by indigent,

minority families within the child welfare system, using personal experiences

from my time as a student at the University of Florida

Levin College of Law as a lens. This essay aims to highlight the intersection

of poverty, race, and the child welfare system, showing

how these factors can hinder parents' ability to reunite with their

children despite their best efforts. The essay seeks to underscore the

urgent need for a more nuanced, multidisciplinary approach to child

welfare advocacy that includes legal professionals, social workers,

and health professionals working collaboratively …

Critical Race Theory As Legal Epistemic Justice, Jasmine Gonzales Rose

Faculty Scholarship

“Critical Thinking: Not Critical Race Theory” and “Teach Truth: Not CRT,” proclaimed the front and back of a T-shirt on a fellow traveler passing in the airport. I was startled by the blatant misconceptions. The core pursuits of critical race theory (“CRT”) are to think critically, discover truth, and diversify knowledge about race and racism. Although I was aware of then-President Trump’s executive order barring federal diversity training and bills modeled after it, nothing had prepared me for the realization that my academic subfield had become so widely criticized that it was now the subject of T-shirt slogans. A few …

Prosecutorial Data Transparency And Data Justice, Caitlin Glass, Kat M. Albrecht, Perry Moriearty

Northwestern University Law Review

The U.S. criminal legal system is notoriously racialized. Though Black and Latinx people make up less than 30% of U.S. residents, they constitute more than 50% of the nearly two million people currently in U.S. prisons and jails. For decades, research has indicated that one group of decision-makers has had an outsized influence on these numbers: prosecutors. From whom to charge to what sentences to recommend, no actor plays a greater role in determining who goes to prison in this country. Highly subjective and lacking in formal guidance and accountability, prosecutorial decisions are especially vulnerable to racial bias. They are …

Inmate Assistance Programs, Tim Friehe, Murat C. Mungan

Faculty Scholarship

This paper analyzes the deterrence implications of different inmate assistance programs (IAPs), carefully distinguishing between deterrence of first offenses and recidivism. All IAPs considered in our model reduce recidivism, and we identify IAPs that also reduce the first offense rate. However, IAPs which increase work opportunities, improve the reintegration of exiting inmates, and moderate individual’s self-control issues may lower the deterrence of first offenses, if this possibility is not adequately anticipated when designing these IAPs.

Will Federal Compassionate Release Survive The Death Of Chevron?, Jaden M. Lessnick

Nevada Law Journal

In early 2023, the United States Sentencing Commission promulgated a compassionate release policy statement that will reverberate throughout the federal sentencing system for decades to come. In resolving an issue that had sharply divided the circuits, the Commission determined that certain nonretroactive changes in sentencing law could constitute “extraordinary and compelling reasons” for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A). For the hundreds of people serving astronomical sentences that could not be imposed after the First Step Act of 2018, this amended policy statement holds much promise. Under Chevron and its progeny, the Commission’s policy statement should supersede prior, …

The Insufficiency Of Battered Women’S Syndrome Evidence And The Need For Resentencing Legislation For Criminalized Survivors Of Domestic Violence, Alice Samberg

Nevada Law Journal

No abstract provided.

Cannabis And The Regulate-Like Gaming Experiment: Are Nevada’S Gaming Policies And Regulations Portable To Cannabis, Riana Durrett, Marla Royne Stafford

UNLV Gaming Law Journal

No abstract provided.

Law-And-Literature Studies As A Basis For High-Quality Ethics Cle Programs, David S. Caudill

Journal of Legal Education

No abstract provided.

Un-Erasing Race: Introducing Social Network Discrimination To The Law, Chika O. Okafor

North Carolina Law Review

No abstract provided.

The Lawyer’S Quandary: Client-Centered Lawyering In The Treatment Paradigm, Marisol Orihuela

North Carolina Law Review

No abstract provided.

Soci 211s.01: Introduction To Criminology, Jackson M. Bunch

University of Montana Course Syllabi, 2021-2025

No abstract provided.

Woman Abuse In Sports-Related Contexts: Social Scientific Knowledge, Walter Dekeseredy

Dignity: A Journal of Analysis of Exploitation and Violence

There was a vibrant surge in the 1980s and 1990s of social scientific work on men’s abuse of women in sports-related contexts, but this wave receded over the past two decades and eventually disappeared. Recently, however, an international cadre of scholars has revisited the off- and online victimization of women in these settings. The main objective of this paper is to examine what the extant scholarly literature tells and does not tell us about this social problem.

A Chance To See Me: Exploring Black Males’ Perspectives On Public Education Regarding The School-To-Prison Pipeline, Renee Duffaut

JWU Dissertations & Theses

In the United States, race undeniably remains at the heart of the educational experiences of Black males. For decades, researchers have studied how schools systemically “push out” and reroute Black males to prison at a disproportionate rate by enforcing inequitable discipline policies and practices (Annamma et al., 2019; Leung-Gagné, 2022; Scott et al., 2017; Skiba et al., 2011). Black children are disciplined for minor infractions at higher rates than any other ethnic group which increases their likelihood of becoming caught up in the School-to-Prison Pipeline (Amemiya et al., 2020). Forty-two percent of youths in juvenile justice placement are Black, even …

A Criminal Résumé: Bc’S Unjust Disclosure Of Non-Conviction Information, Nermin Karim

UBC Law Review

No abstract provided.

Reforming Criminal Justice: A Christian Proposal (Book Review), Benjamin Gibson

Pro Rege

Reviewed Title: Reforming Criminal Justice: A Christian Proposal by Matthew Martens. Crossway, 2023. 416 pp. ISBN: 9781433581823.

Ethnic Inequalities In Sentencing: Evidence From The Crown Court In England And Wales, Kitty Lymperopoulou

School of Law, Humanities and Social Sciences

In recent years, there has been considerable policy and academic interest in the existence of ethnic inequalities in the Criminal Justice System. A large body of sentencing research has been dedicated to exploring whether ethnic minority defendants are treated more harshly than similarly situated white defendants. This paper extends this research utilizing Ministry of Justice linked criminal justice datasets and multilevel models to assess the effect of ethnicity and other defendant case and contextual factors on sentencing outcomes in the Crown Court. The analysis shows that legal characteristics such as plea, pre-trial detention, offence type and severity are important factors …

The Scales Project: Making Federal Court Records Free, David L. Schwartz, Kat M. Albrecht, Adam R. Pah, Christopher A. Cotropia, Amy Kristin Sanders, Sarath Sanga, Charlotte S. Alexander, Luís A.N. Amaral, Zachary D. Clopton, Anne M. Tucker, Thomas W. Gaylord, Scott G. Daniel, Nathan Dahlberg

Northwestern University Law Review

Federal court records have been available online for nearly a quarter century, yet they remain frustratingly inaccessible to the public. This is due to two primary barriers: (1) the federal government’s prohibitively high fees to access the records at scale and (2) the unwieldy state of the records themselves, which are mostly text documents scattered across numerous systems. Official datasets produced by the judiciary, as well as third-party data collection efforts, are incomplete, inaccurate, and similarly inaccessible to the public. The result is a de facto data blackout that leaves an entire branch of the federal government shielded from empirical …

Lawyerless Litigants, Filing Fees, Transaction Costs, And The Federal Courts: Learning From Scales, Judith Resnik, Henry Wu, Jenn Dikler, David T. Wong, Romina Lilollari, Claire Stobb, Elizabeth Beling, Avital Fried, Anna Selbrede, Jack Sollows, Mikael Tessema, Julia Udell

Northwestern University Law Review

Two Latin phrases describing litigants—pro se (for oneself) and in forma pauperis (IFP, as a poor person)—prompt this inquiry into the relationship between self-representation and requests for filing fee waivers. We sketch the governing legal principles for people seeking relief in the federal courts, the sources of income of the federal judiciary, the differing regimes to which Congress has subjected incarcerated and nonincarcerated people filing civil lawsuits, and analyses enabled by SCALES, a newly available database that coded 2016 and 2017 federal court docket sheets. This Essay’s account of what can be learned and of the data gaps demonstrates the …