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Vol. 101, No. 4: Full Issue, Denver Law Review

Denver Law Review

No abstract provided.

Debt And Financial Insecurity In The Modern Economy: Foreword, Emily Sexton

Denver Law Review

No abstract provided.

Monopoly Capital, Militarism, And Environmental Degradation, Daniel Auerbach, Brett Clark

Denver Law Review

Research within the natural and social sciences increasingly concludes that business as usual—economic growth—is leading to significant ecological disruption. Additionally, scholars have identified militaries as a significant driver of environmental degradation. Typically, these two social institutions are understood as being separate, but operating in relation, to each other. In this article, we focus on the interrelation and integration of the military and the economy through the rise of the military-industrial complex in order to illuminate the underlying logic that amplifies the environmental impacts of these institutions. More specifically, we assess how monopoly capital’s dynamics influence the development of military weapons …

The President’S Criminal Immunity, Amandeep S. Grewal

SMU Law Review Forum

This Article addresses a monumental question that the Supreme Court will soon decide: does the President enjoy criminal immunity for her official acts? This Article argues that she does.

The potential criminal immunity for official acts has drawn exceptionally sharp critiques. Some scholars believe that the immunity is nonsensical, absurd, or downright offensive. Judge Florence Pan of the D.C. Circuit even posited that criminal immunity would allow the President to murder her political enemies with SEAL Team Six.

This Article shows that the critics are profoundly mistaken. Criminal immunity for a president’s official acts finds a strong foothold in Supreme …

Firearms Carceralism, Jacob D. Charles

Minnesota Law Review Vols. 106:2 onward (2021-present)

Gun violence is a pressing national concern. And it has been for decades. Throughout nearly all that time, the primary tool lawmakers have deployed to stanch the violence has been the machinery of the criminal law. Increased policing, intrusive surveillance, vigorous prosecution, and punitive penalties are showered on gun offenders. This Article spotlights and specifies this approach--what it calls “firearms carceralism”--and details how a decades-long bipartisan consensus generated a set of state-centered solutions to gun violence that has not meaningfully impacted the problem. Instead, those policies have exacerbated racial inequity and compounded civic and community harms. The Article traces the …

The Needless Search For A Founding-Era "Hearsay" Definition, Jeffrey Bellin

University of Michigan Journal of Law Reform

Modern Confrontation Clause doctrine permits only unconfronted “out-of-court statements that would have been admissible in a criminal case at the time of the founding.” To operationalize this concept, the Supreme Court identifies “testimonial hearsay” as the Clause’s primary concern. Its opinions regularly dive into the historical record to refine what counts as “testimonial” but ignore that record in defining “hearsay.” This omission cannot last. Cases in the lower courts, and one on the Court’s recent docket, concern testimonial but (arguably) non-hearsay statements. And while confrontation jurisprudence is supposed to be tied to founding-era evidence law, the “hearsay” definition, casually referenced …

Criminal Legal Reform In New Hampshire: One Law Professor's Activism, Albert E. Scherr

The University of New Hampshire Law Review

Criminal legal reform is a perpetual work in progress. The system itself is, at best, maddeningly imperfect. It too often fails to produce anything close to justice. Structural problems afflict the system in a way that incarcerates too many people, particularly people of color. For example, over the last thirty years, the Innocence Project has demonstrated imperfections in the system caused by faulty eyewitness identification procedures by ineffective assistance of counsel, by prosecutorial misconduct, by shoddy forensic practices and by police behavior that produced false confessions.

That the United States has well over fifty-one independent criminal legal systems frustrates efforts …

How To Handle The Truth: Avoiding Improper Sentencing Argument In Courts-Martial, Cooper C. Millhouse, Stephen Paul

Hofstra Law Review

The Court of Appeals for the Armed Forces has identified a variety of sentencing arguments as improper. These arguments are improper because they encourage courts-martial to abandon disinterested impartiality or because they ask courts-martial to consider facts or opinions unrelated to the accused’s culpability. This Article catalogs and classifies the improper arguments that violate these principles for use by the JAG Corps.

The Criminal Trajectory Of Paraphilic Noncontact Sexual Offenders: An Exploratory Study In An Incarcerated United States Sample, Emma F. Collie

Student Theses

Despite the misconception, many sexual offenses do not involve physical contact with a victim. Research indicates that exhibitionism, a noncontact offense, is the most reported sex crime. While some research has demonstrated the escalation from noncontact to contact offending, much of the data is outdated or used small samples. This study seeks to build upon the literature by examining archival records of 3,175 sex offenders incarcerated in the U.S. This study examined the number of offenders who progressed from noncontact to contact offenses and compared the demographic, crime, and risk characteristics of those convicted of noncontact offenses and those convicted …

Bystander Intervention In The Workplace Sexual Harassment, Yunjung Lee

Student Theses

Despite increased global attention since the #MeToo movement of 2017, workplace sexual harassment remains a pervasive issue. This is because victims of workplace sexual harassment often react passively, meaning that approaches primarily reliant on victim reporting are less likely to succeed. Given this, bystander intervention has emerged as a promising way to prevent sexual harassment and protect victims. Adopting the previous theoretical framework (Bowes-Sperry & O’Leary‐Kelly, 2005), this study aimed to investigate the decision-making process of bystanders responding to workplace sexual harassment, and to identify the relative frequencies of intervention types and influencing factors. 170 participants from various occupations in …

Incarceration Vs Treatment: Is One More Effective Than The Other In Preventing Recidivism For Drug Abuse?, Scott G. Kang

Student Theses

This study aims to determine the most effective approach for reducing recidivism among drug offenders, comparing incarceration with treatment. Two hypotheses were formulated for this research: 1) Drug offenders undergoing residential treatment will experience lower recidivism rates compared to those sentenced to incarceration. 2) Extended therapeutic treatment is more likely to positively influence behavior change among drug abusers compared to longer prison sentences. These hypotheses were tested using data from 263 participants in the Drug Treatment Alternative-to-Prison (DTAP) program, analyzed through logistic regression in SPSS. The results indicate that therapeutic interventions, specifically rehabilitative treatment, are more effective than incarceration in …

Exploring Grit Among Hispanic Undergraduates At A South Texas Hispanic-Serving Institution, Lorraine Pedroza

Theses and Dissertations

Although an increasing number of Latinx students are enrolling in higher education, only a small percentage graduate from two and four-year universities compared to their counterparts. This study explored the relationship between demographic variables and grit scores among undergraduate students. Grit, defined as the perseverance and passion for long-term goals (Duckworth, 2009), has gained significant attention in education research due to its association with academic success and performance. This study utilized a quantitative research design to compare grit scores between junior and senior undergraduate students. A total of 166 participants were included in the analysis, with 69 respondents classified as …

Anti-Stigma Interventions In Low-Income And Middle-Income Countries: A Systematic Review, Tazeen Majeed, Gareth Hopkin, Katie Wang, Smriti Nepal, Nicole Votruba, Petra Gronholm, Dristy Gurung, Maya Semrau, Tanmay Bagade, Nick Farina, Christine Musyimi, Luca Pingani, Erica Breuer, Crick Lund, Graham Thornicroft, Sara Evans-Lacko

Peninsula Medical School

Background: Stigma exacerbates power imbalances and societal disparities, significantly impacting diverse identities and health conditions, particularly for low and middle-income countries (LMICs). Though crucial for dismantling harmful stereotypes, and enhancing healthcare utilisation, existing research on anti-stigma interventions is limited with its condition-focused approach. We aimed to thoroughly evaluate peer-reviewed and non-peer-reviewed literature for a comprehensive review of anti-stigma interventions for diverse identities and all health conditions in LMICs. Methods: This review systematically explored peer-reviewed and non-peer-reviewed literature, in ten electronic databases up to January 30, 2024, covering all anti-stigma interventions across various stigmatised identities and health conditions in LMICs. Quality …

Protocol: Street Outreach Conflict Mediation Programs For Reducing Violence, Edward R. Maguire, Cody W. Telep, Thomas Abt, Ericka Adams

Faculty Research, Scholarly, and Creative Activity

This is a protocol for a Cochrane Review (intervention). The objectives are as follows: This systematic review will synthesize the available evaluation research on the effectiveness of street outreach conflict mediation programs. The review seeks to answer the following primary question: Are street outreach worker strategies that use conflict mediation and/or violence interruption strategies effective at reducing violence? Assuming a sufficient number of eligible studies, this review will also address two additional questions: Are there certain program elements that render these strategies more or less effective? Are there certain conditions under which these strategies are more or less effective? As …

Truth. Regardless Of Reconciliation?, Michael Moffitt

Nevada Law Journal

Formal responses to historical injustices have typically taken one of two fundamental forms in the past hundred years. The first form is familiar to legal systems—a retributive process in which an adjudicative body measures the conduct of alleged wrongdoers against some set of established standards (think Nuremberg Trials). The second form is often labeled “alternative,” particularly in Western legal systems, despite its long history and increasing prevalence within the past few generations. It focuses on broad inclusion, shared responsibility for the outcomes, and a forward-looking perspective on the next steps beyond or in lieu of traditional criminal sanctions (think South …

Classic Grounded Theory: Identifying The Main Concern, Justine Connor, Tracy Flenady, Deb Massey, Trudy Dwyer

Research outputs 2022 to 2026

Grounded theory comprises a family of research approaches designed to support the generation of a theory explaining a phenomenon experienced by a group of participants. One style of grounded theory, Classic grounded theory, is used less often than other types of grounded theory. The less frequent use of Classic grounded theory may be attributed to the limited availability of clearly articulated processes for conducting this method. Particularly important within Classic grounded theory, and not used in other forms of grounded theory, is identifying the participants' main concern. Identifying the participants' main concern is a signature feature of Classic grounded theory …

On Academic Lawyers In The U.S. Government: Walter’S Wisdom, Harold Hongju Koh

North Carolina Law Review

No abstract provided.

Understanding Threats To Public Officials, Peter Simi, Christopher Bader, Seamus Hughes

Reports, Projects, and Research

Threats against public officials are on the rise. It’s a disturbing trend that NCITE researchers at Chapman University are charting by tracking federal cases that involved threats against officials working in the criminal justice system, elections, politics, health care, and education.

Challenging The Criminalization Of Homelessness Under Fair Housing Law, Tom Stanley-Becker

Minnesota Journal of Law & Inequality

No abstract provided.

Principles Of Prosecutor Lenience, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

Once "the Darth Vader of academic writing,"' American prosecutors are making a comeback. In recent years, "progressive prosecutors" have leveraged prosecutors' one true superpower-lenience-to "reform the criminal justice system from the inside." There is so much scholarly enthusiasm for this project that the existing commentary can be summarized as offering a one-word principle to govern considerations of prosecutorial lenience: yes. But there is surely more to say. American criminal law covers a broad array of offenses with vast differences in punitiveness across jurisdictions and courts. And even harsh critics of the system's severity tend to pivot when it comes to …

We Cannot Police Systemic Racism And Systemic Poverty: Why Policing Is Not A Solution To Our Public Health Crisis, Semir Bulle

Utah Law Review

From drug addiction to issues with homelessness, the mental health crisis, community disputes, traffic violations and more, there does not seem to be any evidence that increased police budgets and spending are the best use of limited resources. Criminalization in substitution for measured and targeted interventions has not worked in structurally vulnerable and marginalized communities and it is far past the time to accept tangible alternatives, such as funding initiatives like TCCS. Instead of perpetually increasing our police budget, let’s instead invest in healing our communities. Let’s invest this money in education, recreation, childcare, housing, health; measures that are proven …

Corner Revolution: Beyond “Skynet”, Brightening Grey Space And Building Security, Caimin Shen

Masters Theses

The existence of surveillance areas restricts many bad behaviors, but why do we still feel vague anxiety and uneasiness when walking through street corners and promenades in a city protected by a network of cameras? As China has implemented grid management of cities through the establishment of the “Skynet”—— a system that uses facial recognition and surveillance cameras to strengthen public safety, the crime rate has dropped significantly. But public safety doesn’t just mean fewer criminal activities. Reducing people’s perceived insecurity and anxiety has become a new challenge in China today. “Corner Revolution” explores the transformative power of architectural design …

Donor-Advised Funds And Impact Investing: A Practitioner’S View – With 2024 Prologue, Sam Marks

The Foundation Review

Editor’s Note: This article, first published in print and online in 2022, has been republished by The Foundation Review with minor updates.

Any discussion of foundations embracing impact investing must include some discussion of one of the largest — and growing — sources of philanthropic capital: donor-advised funds. These philanthropic accounts allow donors of all sizes to access many of the functions of a private foundation, including the potential to invest for impact. Sponsors of these funds, however, face unique challenges in catalyzing impact investments.

Like the larger institutional foundations that have led the way as mission investors, sponsors must …

Lost Causal: Debunking Myths About Causal Analysis In Philanthropy – With 2024 Prologue, Jewlya Lynn, Sarah Stachowiak, Julia Coffman

The Foundation Review

Editor’s Note: This article, first published in print and online in 2022, has been republished by The Foundation Review with minor updates.

What if philanthropic evaluations told us that changes in the world had occurred, as well as how and why they occurred, including whether what foundations funded and grantees did contributed to those changes? What if evaluations made change pathways more visible, tested hypotheses and assumptions, and generated new insights based on what happened in the “black box” of systems change strategies? This type of learning comes from causal analysis — inquiry that explores cause-and-effect relationships.

Yet currently in …

Systems Thinking For Social Change: A Practical Guide To Solving Complex Problems, Avoiding Unintended Consequences, And Achieving Lasting Results, Hilda Vega

The Foundation Review

Editor’s Note: This article, first published in print and online in 2015, has been republished by The Foundation Review with minor updates.

Failure To Appear Across New York Regions, Stephen Koppel, René Ropac, Michael Rempel

Publications and Research

This study examines failure to appear in New York, a topic with important implications for the delivery of pretrial justice. It explores three primary questions: the nature of pretrial release decisions, the variation in FTA rates across different regions and demographics, and the predictors of FTA after controlling for various factors.

Past * An Introduction To The Problem, Zelimir Zilnik, Boris Buden, New Media Center Kuda.Org, Olivera Jokic

Publications and Research

Who can know what is in the past? Is it what historians can tell us? Should we also trust what we can remember? Past • An Introduction to the Problem proposes that the problem of the past now concerns everyone. Visions of a different, brighter future defeated in the Cold War and its heated afterlives, we are being offered the past as the only horizon of possibility. And what are we supposed to find in that past? Philosopher Boris Buden considers these questions in a series of essays and conversations with filmmaker Želimir Žilnik, one of the most prominent filmmakers …

Fy24 Usability Program Test #7: Retesting And Observing Search Behaviors, Lindsey Skaggs

Faculty and Staff Publications – Milner Library

The FY24 Usability Testing Program was designed to iteratively assess user experience at Milner Library. The program gathers data through usability testing of the library's website and discovery layer, as well as survey questions about users' experiences with library services. Test #7 gathers information from library users about their experiences locating and accessing materials and information. Takeaways and recommendations are included in the report.

All Roads Lead To Rome: Combating Impunity For Perpetration Of Slave Trade And Slavery Crimes, Jocelyn Getgen Kestenbaum

Articles

The Republic of Sierra Leone has proposed amendments to the Rome Statute of the International Criminal Court (ICC) to include, inter alia, provisions for the slave trade as a crime against humanity and has recommended that the General Assembly include the slave trade as an enumerated crime in the Draft articles on Prevention and Punishment of Crimes Against Humanity (CAH) (Draft articles). This declaration came nearly five years after Cardozo’s Benjamin B Ferencz Human Rights and Atrocity Prevention Clinic, on behalf of slavery crimes expert Patricia Viseur Sellers, sent commentaries to the United Nations International Law Commission (ILC) to revise …

Redistributing Justice, Benjamin Levin, Kate Levine

Articles

This Essay surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite progressives’ increasingly prevalent critiques of criminal law, there is hardly a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas— often areas in which defendants are imagined as powerful and victims as particularly vulnerable.

In this Essay, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system …