Digital Commons Network^™

Reflections Of A Non-Abolitionist Admirer Of The Police Abolition Movement, Corey Stoughton

Washington and Lee Journal of Civil Rights and Social Justice

To acknowledge that the abolition movement made reform better is not to reduce the movement to that purpose. For the non-abolitionist, the end of reform is better policing. For the abolitionist, reform is at best “a strategy or tactic toward transformation,” meaning contesting and ultimately eliminating policing. These are not compatible visions. But even if the collaboration between holders of these visions is just a tactical alliance, it is a tactical alliance that is producing good results. Perhaps those good results will lay a foundation for abolition, or perhaps they will seed in abolitionists’ fertile imaginations a positive vision of …

Skirting The Fourth Amendment: How Law Enforcement Agencies Abuse Technology And Constitutional Exceptions To Surveille The Public, Matthew Lloyd

Washington and Lee Journal of Civil Rights and Social Justice

Existing Fourth Amendment law does not protect against law enforcement use of data gathered through the internet either by private companies who actively search their customer’s data and submit evidence of misconduct to law enforcement or from private companies who acquire the data on behalf of law enforcement. In an effort to pursue criminals, courts have permitted Fourth Amendment jurisprudence to develop in a manner that permits sweeping invasions of privacy without any probable cause through the private search doctrine or without any procedural protections through the third-party doctrine. It will require substantial judicial or legislative action to return the …

Mistick Speaks: A Collection Of Tribune Review Columns, 2019-2023, Joseph Sabino Mistick

Law Faculty Publications

No abstract provided.

Reducing Vehicle Licensing And Titling Fraud, Mallory Brown, Andrew Martin, Jeeyen Koo, Jennifer Walton

Kentucky Transportation Center Research Report

This study reviews Kentucky’s vehicle licensing and registration program, evaluates methods of motor vehicle title fraud, examines current anti-fraud mechanisms in Kentucky, reports on vehicle titling and anti-fraud efforts in other states, assesses Ohio’s vehicle inspection program, and develops a proposal for a new Kentucky rebuilt title inspection program. Researchers developed the proposal based on historical Kentucky vehicle registration and titling data, a survey of other states, and other information provided by Kentucky’s Division of Motor Vehicle Licensing and other agency partners. Kentucky historical data revealed consistently high numbers of salvage title applications as well as spatial concentration in rebuilt …

Criminal Procedure—Vega V. Dickerson—Miranda, Prophylactic Rules, And Article Iii Legitimacy, Alex Jackson

University of Arkansas at Little Rock Law Review

No abstract provided.

An Examination Of Adversity And The Unique Mental Health Needs Of Black Crossover Immigrant And Refugee Youth (Iry), Ngozi V. Enelamah, Rebecca L. Skahan, Sheryl Thompson

Journal of Family Strengths

Over 500,000 youths become involved with the Juvenile Justice System in the U.S. annually. More than half have experienced maltreatment resulting in child welfare system contact, a co-occurrence described as dual system involvement. Immigrant and refugee youth (IRY) are numbered among Black young adults who are disproportionately represented in the dual system. There is little knowledge about the unique experiences of Black IRY who are involved with the crossover or dual system, as child welfare organizations are not required to collect or report that information. Previous studies suggest that Black crossover IRY are at an increased risk for dual system …

Key Library Resources: Streaming Video – Tips For A Better Faculty Streaming Experience, Raquel Estrada

Library Display Posters

AVON, KANOPY, and SWANK are our primary providers for streaming films. These relevant and complementary streaming resources allow us to provide access to a diverse set of films from documentaries to top studio films.

Integrating Human Rights In Domestic Clinical Practice, Tamar Ezer, Elizabeth Brundige, Aya Fujimura-Fanselow, Ryan Thoreson

Articles

Given that the human rights framework contains a rich and evolving body of norms and standards, integrating human rights law into clinical teaching provides new avenues to approach problem-solving. A human rights framework offers additional sources to ground moral and legal claims, as well as new strategies and advocacy targets. These alternatives work to foster creativity and lawyering skills, particularly in areas where domestic law is limited or constraining. Moreover, U.S. advocates have much to learn from global human rights struggles and advocacy efforts and can benefit from engaging in human rights discourse and practice. This article introduces readers to …

Volume 33, Number 1, Spring 2024, Office Of Communications, Illinois Wesleyan University

Illinois Wesleyan University Magazine, 2018-present

VOLUME 33 | NUMBER 1 | Spring 2024

ON OUR COVER:

Ryan Jumper '00 has been an associate judge in Madison County, Illinois, since 2018 and was retained in 2023. Four other IWU alumni became judges in 2023, including two federal judges.

16 The Titan Judges IWU's legal minds are shaping the judiciary in the state of Illinois and beyond. Three of these judges share the stories of their careers within criminal and civil justice.

22 The Lawyer and the Punk Dave Rossi '07 started his career as a famous punk rocker. Now he's a lawyer creating the newest recording …

Elizabeth Gibson Drinko Honors Convocation, Honors College

Honors Convocation

The Elizabeth Gibson Drinko Honors Convocation Awards Program for Spring 2024, Marshall University, Huntington, West Virginia.

America’S Prison Systems: Beginning The Switch From Punitive To Rehabilitative, Sydney R. Clair

Honors Thesis

America has one of the highest rates of incarceration in the world, along with many issues that keep its inmate population and recidivism rates high. The current inmate population faces unique challenges as it disproportionally consists of racial minorities, those with mental illnesses, and nonviolent drug offenders. Correctional rehabilitative programing, while implemented with good intentions, lacks effectiveness. This is due to factors including institutional staffing mindset and minimal development to expand inmate programs. There is also a lack of overall access to drug and educational courses that are so greatly needed for the incarcerated population. The reentry process for inmates …

Arcadia Magazine, 2024-04

Alumni Magazine

No abstract provided.

Victor Hugo Was Right All Along: Les Misérables, The Tragedy Of A Punitive Parole System, And A Modern Path Forward, Sarah Gerwig

Mercer Law Review

Les Misérables, Victor Hugo’s tragic novel, was published over 160 years ago and yet it continues to capture imaginations and sympathies worldwide. It was made into an award-winning film over a decade ago. But before that, Les Misérables was one of the most popular Broadway musicals ever produced, having been viewed by over sixty million people, even beyond the viewership of other popular renditions in film and television. Despite (or perhaps because of) its heartbreaking themes, audiences sympathize with the main characters’ quest for redemption. How easy, in the story, to see the struggles and barriers Jean Valjean encounters—and …

Bearing The Benefit: An Evolution Of Passing To Trespassing & How We Got Here, Kennedi J. Williams

Honors College Theses

In recent years, we have seen a shift in the social treatment of white people in America. The desire to be politically correct at all times, in hopes of avoiding becoming the next viral “Karen” or racist has become imperative. The following thesis will explore the latest trend of white women buying racial capital by producing mixed-race children. At first glance, this idea can be a bit problematic. How can we assume the reasoning behind a woman choosing to bear a child? With this in mind, I would like to emphasize that individuals do not have to consciously be racist …

Principals Who Lead Elementary Schools With Minimal Out-Of-School Suspensions, Jennifer Bordonaro

School of Education and Leadership Student Capstone Theses and Dissertations

Mixed-methods research was conducted in order to understand the principals of Minnesota elementary schools where no more than one out-of-school suspensions had been assigned annually from 2017 to 2022. The study consisted of a survey, document analysis, and qualitative interviews. While the findings did reveal commonalities amongst the participants that provided insight into the implementation of nonexclusionary discipline, the picture could not be deemed complete as the identified schools were predominantly White and affluent. There continues to be a great need to study leaders of schools where OSS is not statistically predictable by the school’s student population in regard to …

In Pursuit Of Meaningful Civil Representation: Advocacy Strategy Proposals For An Integrated Civil Gideon And Legal Empowerment Approach, Sophia T. Slater

Fordham Urban Law Journal

No abstract provided.

Rigor Or Reach? Strictness Or Scope?: The Continuing Battle Over The Parameters Of The Supreme Court’S Daubert/Kumho Reliability/Validation Test For The Admissibility Of Expert Testimony, Edward J. Imwinkelried

Missouri Law Review

Expert testimony is offered at the overwhelming majority of trials conducted in the United States. In many of these cases, it is absolutely essential for the plaintiff or prosecutor to introduce such testimony. The plaintiff may need expert testimony to prove general causation in a toxic Tort case, and similarly the prosecutor may need to resort to expert testimony to establish the accused’s identity as the perpetrator of the charged crime. For decades, the proponents of expert testimony have mounted campaigns to lower the evidentiary barriers to expert testimony. For most of the 20th century, the governing American test for …

On The Hook: Venue, Vicinage, And Double Jeopardy’S Relationship With Modern Data Crimes, Cody Deterding

Missouri Law Review

Every fisherman has a place he holds dear. Whether it be a mountain creek small enough to hop across or a reef in the Gulf of Mexico, we all have a place where “the big one” defeated us. Conversely, we all have a spot in which we emerged victorious, spurring feelings of elation. We all have memories so compelling that we feel the need to share our stories around the dinner table and remind friends how much they missed out on that day. Ingrained in my memory is the flash of a twenty-inch brown trout sipping a fly from the …

A Collaborative Campus Community Policing Model: A Case Study In Fostering Collective Efficacy Among Students, Faculty And Staff, Hassan Ramzah

Dissertations and Doctoral Documents, University of Nebraska-Lincoln, 2023–

This qualitative, single case study explored whether and how a campus police agency’s community policing model fostered collective efficacy among students, faculty, staff members and campus police. Using Bandura’s (2000) collective efficacy theory, this study was guided by the following questions: (1) How does a campus police department use a community policing model to build partnerships with students, faculty, and staff? (2) How do police officers, students, faculty, and staff perceive these partnership-building efforts, particularly as it relates to fostering collective efficacy within the campus community? (3) Through what processes have campus police partnerships with students, faculty, and staff contributed …

Preserving Viewpoint Pluralism And Democratic Principles: Florida's "Divisive Concepts" Law And Strategies For Challenging The Law's Enforcement In K-12 And Higher Education, Abigail Dallmann

The Journal of Law and Education

No abstract provided.

Cuing Safety In The Law School Classroom: Using A Polyvagal Theory Framework In Support Of Trauma-Informed Teaching Practices, Naomi Grace Hodo Walker, Brian Flaherty

The Journal of Law and Education

No abstract provided.

Whom Do Prosecutors Protect?, Vida Johnson

Georgetown Law Faculty Publications and Other Works

Prosecutors regard themselves as public servants who fight crime and increase community safety on behalf of their constituents. But prosecutors do not only seek to protect those they are supposed to serve. Instead, prosecutors often trade community safety, privacy, and even the constitutional rights of the general public to enlarge police power. Prosecutors routinely advocate for weaker public rights, shield police from public accountability, and fail to prosecute police when they break the law.

This Article will show how prosecutors often protect police at the expense of the public. This Article suggests a novel theory of evaluating the conduct of …

Materiality In The Long Now: Navigating The Intersection Of Decision-Making, Time, And Strategy, Daniel M. Labovitz, Alexander Kontoleon

Dickinson Law Review (2017-Present)

Existing formulations of materiality in the federal securities laws contain an inherent limitation because they don’t adequately account for how risks and opportunities change over time. This can mislead investors looking to understand how well a company is poised to avoid long-dated risks and take advantage of evolving opportunities because those risks and opportunities don’t neatly fit into the rubric of “likelihood of occurrence times magnitude of harm equals materiality.” This is because the likelihood of any long-dated risk occurring within a short reporting time frame will always approach zero, which means the traditional model of materiality will always classify …

Civil Means To Criminal Ends, Kathryn Ramsey Mason

Washington and Lee Law Review

The divide between the civil and criminal legal systems is one of the most fundamental distinctions in American law. There are laws, however, that do not fit clearly into either category and the Supreme Court’s jurisprudence on how to categorize these statutes has been murky. Crime-free rental housing ordinances, which encourage or coerce private landlords into evicting tenants for a single incident of criminal activity that does not need to result in a conviction, are an example of the laws that occupy this middle ground. Local legislatures designate these laws as civil statutes and use them as a means to …

Courtroom Workgroup Dynamics And Implementation Of Three Strikes Reform, Elsa Y. Chen, Emily Chung, Emily Sands

Political Science

In 2012, California's voters passed a ballot initiative that scaled back the state's “Three Strikes” sentencing law and permitted certain individuals who were serving 25-to-life prison terms to petition for resentencing and potentially release. Using analysis of original qualitative interview data supplemented with court administrative records, this study examines how characteristics of courtroom workgroup members; their intergroup dynamics; political, professional, and administrative considerations; and allocated resources were perceived by court officials to facilitate or impede the implementation of this reform in county courts. Availability of staff and budget was associated with a higher proportion of completed case dispositions in the …

The Right To Violence, Sean Hill

Utah Law Review

Scholars have long contended that the state has a monopoly on the use of violence. This monopoly is considered essential for the state to assure the safety and security of its citizens. Whereas public officers have the broadest authority to deploy violence, in order to make arrests or to inflict punishment, private citizens allegedly have severe restrictions on their use of force. Specifically, the state is said to only authorize private violence when civilians face an imminent threat of unlawful force or when civilians are attempting to prevent a crime.

Yet the state explicitly authorized private violence against enslaved people …

Spectre Of Justice: Russian Reform In The Courtrooms Of Dostoevsky And Tolstoy, Abby Moore

Senior Theses

The Great Reforms of Alexander II are regarded as transformative policies in the history of Tsarist Russia, drastically changing the empire’s social and political fabric. The judicial reforms of 1864 in particular addressed longstanding issues within the existing criminal justice system, yet they also liberalized the institution at large. Following in the West’s footsteps, the reforms introduced an unprecedented level of democracy into Russia’s courtroom. Among the critics of these changes were renowned authors Fyodor Dostoevsky and Leo Tolstoy, both of whom used the realm of fiction to explore their respective concerns with reformed Russian jurisprudence. Both authors bring distinct …

Solving A Sixth Amendment Crisis: The Case For Resource Parity In Georgia’S Indigent Defense System, Meagan R. Hurley

Mercer Law Review

The United States criminal legal system employs what is said to be an “adversary” system—one in which opposing parties—the prosecution and the defense—present their evidence and arguments (usually in conflict with one another) to a neutral third party (a judge or jury) for adjudication. The idea behind the adversarial process is that a judge or jury is best positioned to make determinations of guilt or innocence once provided with reliable information from competent, zealous, and prepared advocates on both sides of the podium. At its core, the adversarial system is meant to function as the mechanism by which constitutional principles …

Expanding Drug Courts And Alternative Justice Courts In West Virginia: Implementing Innovative And Restorative Justice Practices, Emily Ogden

West Virginia Law Review

The United States has the highest incarceration rate of any country in the world. Alarmingly, West Virginia’s incarceration rate is even higher. West Virginia’s staggering incarceration rate can largely be attributed to the increased criminalization and prosecution of individuals experiencing addiction. This Note considers what actions can be taken to limit incarceration and recidivism in West Virginia. The solutions proposed by this Note also aim to limit the collateral consequences of incarceration in West Virginia because many of West Virginia’s current issues are only exacerbated by incarceration. This Note reviews alternative justice methods and notable alternative justice courts across the …

The Abolition Of Woman, Lynne Marie Kohm

Cardozo Journal of Equal Rights & Social Justice

The article argues that modern feminist jurisprudence, while initially aimed at advancing women's rights, has deviated from its original goals and now contributes to the erosion of the unique identity and value of women. This shift is evident in areas such as reproduction, gender fluidity, and motherhood, where legal and academic discourse increasingly deconstructs the concept of womanhood, leading to its potential abolition.