Digital Commons Network^™

The Supreme Court And The Federalist Society Network: The Conversation That Determined Whose Vote Counts, Deborah Toscano

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the Federalist Society Network (FSN) in shaping the Supreme Court's decision in Shelby County v. Holder, which invalidated Section 4 of the Voting Rights Act (VRA). The FSN's legal framework, emphasizing state sovereignty and the Tenth Amendment, influenced the Court's expansion of the "equal sovereignty" doctrine, leading to the dismantling of a key provision of the VRA. This decision reflects a broader shift in federalism, prioritizing state autonomy over federal oversight in voting rights.

Who Gets To Reap What They Sow? Addressing The Exclusion Of Undocumented Immigrants From Income Tax Benefits And Designing A Solution, Gabriela Amaral

Cardozo Journal of Equal Rights & Social Justice

The note argues that undocumented immigrants significantly contribute to the U.S. tax system, including Social Security, but are disproportionately excluded from receiving benefits, raising concerns about economic fairness and equal protection under the law. It advocates for a more inclusive policy, particularly through work authorization, to address this inequity.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Distorted Burden Shifting & Barred Mitigation: Being A Stubborn 234 Years Old Ironically Hasn’T Helped The Supreme Court Mature, Noah Seabrook

Journal of Law and Health

This Note explores the intricate relationship between emerging adulthood, defined as the transitional phase between youth and adulthood (ages 18-25), and the legal implications of capital punishment. Contrary to a fixed age determining adulthood, research highlights the prolonged nature of the maturation process, especially for individuals impacted by Adverse Childhood Experiences (ACEs). The Note challenges the current legal framework that deems individuals aged 18 to 25 who experienced ACEs as eligible for capital punishment, highlighting the cognitive impact of ACEs on developmental trajectories. Examining cases like Dzhokhar Tsarnaev and Billy Joe Wardlow, this Note argues that courts often bypass mitigating …

Mythos And Logos: Foucauldian Subjectivities Of Virginia Woolf's Orlando, Hayley R. Cisney

Student Publications

Virginia Woolf’s Orlando: A Biography details a centuries-long battle between Orlando and the sexual structures of repressive power in England. The biographical framework of the novel implies its contribution to objective, historical fact, while the miraculous nature of Orlando’s sexual transformation directly conflicts with constituted epistemologies of being. This paper examines these contrasting forces through Michel Foucault’s post-structuralist considerations of knowledge, power, and sexuality, in addition to the incorporation of other scholarship on Woolf’s conceptions of gender. I specifically follow the timeline of Foucault’s interpretation of the repressive hypothesis as it unfolds throughout the course of Woolf’s novel. By establishing …

Fixing Disparate Prosecution, Shima Baradaran Baughman, Jensen Lillquist

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

America's system of public prosecution is broken. Prosecutors who charge harshly or disparately are shielded from any consequences or recourse, and defendants are left with few options. This asymmetry in power results in prosecutors singlehandedly maintaining mass incarceration in the United States and leads to some states incarcerating more people per year than entire countries. Prosecutors in the United States are permitted to charge with little supervision or guidance other than to follow the law and “seek justice.” Many choose to charge the highest number of crimes possible, while others choose to exercise restraint and label themselves as “progressives.” But …

Two Is Not Always Better Than One: Concurrent Jurisdiction In Indian Country And The Withering Of Tribal Sovereignty Following Mcgirt And Castro-Huerta, Marina Berardino

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

There is a violence epidemic plaguing the Native American population across the country. Native women are disproportionality victimized by both sexual and non-sexual violence--over eighty-five percent of Native women are expected to be victims of intimate partner violence, stalking, or sexual violence at some point in their life. Most often, the perpetrators are non-Native, which creates jurisdictional issues. In most states, the only sovereign with the authority to prosecute non-Indian-on-Indian crimes is the federal government. Yet, federal law enforcement often does not investigate these crimes, and federal prosecutors ultimately decline to prosecute many sexual assault and domestic violence crimes in …

A Community Centered Culturally Responsive Evaluation Of Our Behavioral Health Team Using Program Theory, Debra Ann Fritz-Fanning

Theses and Dissertations

The purpose of this research was to conduct a culturally responsive evaluation of our behavioral health team using program theory. This team consists of both school-based employees and community partners. The goal of this project was to evaluate our current behavioral health team practices to determine if we are improving the mental health of students at our school by intentionally connecting them with services. Program theory was used to design the evaluation, and members of the team engaged in six focus groups to create and evaluate the program. The team evaluated three areas of our work: organizational structures, resources, and …

Safe Streets, Secure Futures: Preventing Violent Crime In The United States, Haley Aleman

Posters - 2024

Violent crimes inflict not only direct physical harm but can also foster cycles of fear and mental anguish throughout affected communities.

This atmosphere can hurt and impede economic and social development. Destruction of a community’s trust in law enforcement can infect other areas of life such worsening economic development. In this, we will continue our evaluation of factors contributing to violent crime rates by exploring the following hypothesis through additional study.

This hypothesis is as follows: There is a relationship between political affiliation and violent crime rates such that democratic states have higher rates of violent crime.

The Politics Of Equality And Inequality, Manny Garcia

Political Science Theses, Dissertations and Student Creative Activity

Inequality and equality are two concepts found at the center of political science research. Around the world, governments have approached these concepts with caution as they have influenced nations' political, social, and economic structures throughout history. This essay will explore the politics of equality and inequality by drawing on the subfields of American government, political theory, and international relations. Through this interdisciplinary lens, this essay will delve into these concepts' historical, theoretical, and practical dimensions, their correlation with the referenced subfields, and their interplay within modern society. This essay will also analyze contemporary manifestations of these dynamics, shedding light on …

Restorative Constitutionalism, David E. Landau, Rosalind Dixon

Washington and Lee Law Review

Cass Sunstein and other scholars have distinguished between two forms of constitutionalism: preservative constitutionalism, which looks to maintain the status quo, and transformative constitutionalism, which aims to transcend a flawed constitutional history and achieve a better future. In this Article, we introduce a third, undertheorized mode of constitutionalism, which we call restorative. Restorative constitutionalism seeks a return to a lost, more authentic constitutional past, whether real or imagined. Restorative discourse in modern United States constitutionalism is dominated by conservative calls for originalist judicial interpretation. But originalism is only one subset of restoration, and indeed restorative discourse has been present at …

Supporting Healthy Futures: Capitalizing On Medicaid’S Epsdt Medical Necessity Standard, Teressa Colhoun

Washington and Lee Law Review

Youth mental health is in crisis. Children report increased rates of suicidal ideology, depression, and anxiety. Diagnosis rates soar. Pediatric mental health care remains difficult to access. When services are accessible, they are costly—often sending families into medical debt.

This Note discusses Medicaid’s Early and Periodic Screening, Diagnostic, and Treatment (“EPSDT”) benefit. Specifically, it studies the EPSDT benefit’s creation, structure, and administration. This Note focuses on the context in which the EPSDT benefit operates, particularly how health care financing models impact benefit administration. It suggests that the EPSDT benefit has the capacity to address crucial gaps in pediatric mental health …

Specialty Courts: Time For A Thorough Assessment, Emily F. Wood, Monica K. Miller, Tatyana Kaplan

MC Law Review

Broadly, the purpose of specialty courts is to address the needs of the individuals in the criminal justice system to reduce recidivism. Most specialty courts adopt the philosophy that the criminal justice system can do more than just impose sanctions; it can address underlying social and health problems that contribute to criminal behavior. The purpose of this article is to discuss the general advantages and disadvantages of specialty courts and to highlight the importance of using research evaluations to determine if the benefits of specialty courts outweigh the costs. This will help determine if courts have achieved their goal of …

Public Opinion And Its Potential Impact On The U.S. Supreme Court, Savannah Medlin

Senior Honors Theses

The Supreme Court of the United States has a fundamental role in the interpretation of the Constitution and the configuration of the legal landscape of the country. But, while the Framers isolated the Court from political pressures, the Court is not removed from the impact of public opinion. This essay considers the effect of public opinion on Supreme Court rulings by reviewing studies and cases to discover the part public opinion plays in the courtroom. My findings imply that public opinion impacts the Court. There are limited ways by which the Court can prevent this impact. I emphasize that the …

The Complicit Canon Of Criminal Law: A Critical Survey Of Syllabi, Casebooks, And Supplemental Materials, Robin Peterson

University of Michigan Journal of Law Reform

This Note analyzes the learning objectives, casebook readings, and supplemental sources that thirteen criminal law professors assigned over fifteen years and argues that the current approach to teaching criminal law is complicit in perpetuating the injustices of the American criminal legal system because it fails to adequately interrogate the carceral state and does not prepare students to become ethical practitioners or policymakers of criminal law. This paper calls for a fundamental rethinking of the purpose of teaching criminal law and recommends a reform orientation, which could be implemented through a variety of course structures.

Experiential-Based Research Depicting Humanistic Survival After Violent Victimization & Traumatization Exploring Human Resilience, Spirituality, Meditation & Expressive Writing, Sabrina Harris

Dissertations

Unattended trauma-induced stressors resulting from incidents of violent victimization can escalate into mental health challenges, including trauma-related and substance-abuse disorders, which most often co-occur in a debilitating manner. Therefore, it is essential to conduct ongoing exploratory research on cognitive-based approaches (e.g., spirituality), psychological adaptations (e.g., human resilience), and trauma-informed approaches (e.g., meditation, expressive writing), which serve to reduce or offset the adverse impact of trauma.

Twelve women who experienced victimization and traumatization but did not seek professional mental-health intervention were interviewed; six had been abused as children and eight as adults. Some did not contact or follow through with reports …

Restorative Practices Effect On The Culture And Climate Of A School Or District, Stephanie Daly

Dissertations

Restorative practices have emerged as a transformative approach within various domains, particularly education, aiming to nurture constructive relationships, address conflicts, and foster community. This research delves into the multifaceted world of restorative practices in educational settings, exploring their impact on school climate, conflict resolution, social and emotional learning, and broader implications for equity and justice in the classroom. This study looks to see if restorative practices affect the culture and climate of a school or district. It looks at how students describe a classroom that uses these practices. The feelings and reactions of students participating in these practices were also …

Perceptions Of School Climate, Scott Siegel

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

This doctoral dissertation investigates the differences in perceptions of school climate among in-school stakeholders. The study focuses on how the participant’s role within the school and gender impact their perceptions of school climate. Surveys were administered to students and teachers in a high school setting, with quantitative analysis revealing statistical differences in perceptions among key groups. Notably, teachers demonstrated higher perceptions of school climate than students, indicating the role within the school has the potential to influence stakeholder perceptions. Additional findings include male students demonstrating higher perceptions of school climate than female students, indicating gender plays an integral part in …

Use Of Force In Policing: Do Female Police Officers Use Unjustifiable Force As Often As Male Officers?, Carma Dobson

Theses

Use of force (UOF) is a common practice in policing. My study focuses on the disposition of the use of unjustifiable force in policing. Utilization of pre-existing data with 5,771 use of force incidents from the New Orleans, Louisiana police department in the years of 2016-2021 produces an answer to the research question: Do female police officers use unjustifiable force as often as male officers? The chi-square test of independence results in my study indicates that there is no statistical difference between males and females.

"Silent Revolution": The Rockefeller Foundation's Invisible Influence On The Model Penal Code, Daniel Butler Friedman

Articles & Chapters

For over a hundred years, rich families have been channeling their wealth through private foundations to remake American society, but their immense impact on the law is still poorly understood. This article begins to fill that gap by studying the almost completely unknown origins of one of the most important reforms in the history of American criminal law: the Model Penal Code ("MPC"). To show how the MPC was influenced by its primary funder this article presents unpublished documents from the archives of two of the most important private organizations in American law: the American Law Institute ("ALI") and the …

Responses To Sexual Assault Survivors And Sexual Assault Evidence Kits, Loganne Ditter, April N. Terry

International Journal of Undergraduate Research and Creative Activities

Sexual assault and rape in the U.S. are an ongoing public health issue. While approximately one-fifth of individuals will experience a sexual assault or rape in their lifetime, responses to survivors continues to be problematic. Many law enforcement agencies lack training specific to interact with sexual assault survivors, which can result in victim-blaming and oversight of trauma-informed responses. For sexual assault evidence kit (SAEK) completion, nurses can receive expert certification for this examination; however, in rural areas where all services are limited, survivors may not have access to such professionals. These struggles may result in SAEK issues in addition to …

William & Mary Law School Clinical Program News (2023-2024), William & Mary Law School

William & Mary Law School Clinical Program Newsletter

No abstract provided.

Female Sexual Offending: The Experiences Identified By Treatment Providers, Jalie Adams

Graduate Theses, Dissertations, and Capstones

Female sexual offending is a complex topic largely ignored within scholarly literature and among society. Therapeutic treatment providers with experience in the behavioral health care of the female sexual offender population provide the opportunity for additional awareness, insight, and understanding related to the phenomenon of female sexual offending through their distinct provider lens. This phenomenological research study used the lens of therapeutic provider experiences to build a succinct foundational overview of the topic of female sexual offending, expand knowledge related to the field, and develop insight into the providers who treat this complex population. This study was guided by the …

The Empirics Of Criminal Federalism, Scott Sullivan, Iben Sullivan

Journal Articles

No abstract provided.

Burden Of The Bargain: Ineffective Assistance Of Counsel Claims In The Absence Of A Plea Offer, Sriram H. Ramesh

Fordham Law Review

The modern criminal justice system in the United States is a “system of pleas.” Plea bargains have largely supplanted trials as the primary method of resolving criminal proceedings in this country. Acknowledging their prevalence, the U.S. Supreme Court has held that the Sixth Amendment right to effective assistance of counsel extends to the plea-bargaining process. Thus, defendants may bring ineffective assistance of counsel (IAC) claims for alleged ineffectiveness during the plea-bargaining phase.

In two companion cases, Missouri v. Frye and Lafler v. Cooper, the Court held that its two-pronged test for IAC, laid out in Strickland v. Washington, …

Money Laundering In The United States: A Review Of Current Regulations And Threats, Grace Hutchinson

Senior Honors Theses

Money laundering is the act of hiding illegally obtained money in the financial system. There are three stages of money laundering: placing, layering, and integration. In the United States, the Bank Secrecy Act, monitored by the Financial Crimes Enforcement Network (FinCEN), requires companies to establish an anti-money laundering (AML) compliance program and to exercise customer due diligence as preventative measures. The US government can detect money laundering through Suspicious Activity Reports, Currency Transaction Reports, and whistleblower tips. However, AML threats and vulnerabilities such as Professional Money Launderers, cryptocurrency, and the global art market allow criminals to continue to launder money …

Christian Code Of Silence: The Church’S Current Response To Clergy Sexual Misconduct And Potential Improvements Utilizing Principles Of Restorative Justice, Skya Lau

Senior Honors Theses

The prevalent and pervasive issue of clergy sexual misconduct within the Christian church has been perpetuated under a code of silence through the use of perverted Scripture to support its tactics. By departing from biblically aligned principles, and silencing the victims and protecting the offenders, the church’s current response has detrimental effects, calling into question the moral standing of the church. However, by practically implementing the principles of community, accountability, and forgiveness found in restorative justice and interpreting them through a biblical lens, the church can begin to improve their response. In dismantling the code of silence, the church can …

The Perception Of Children As Reliable Eyewitnesses, Shelby Mcdonald

Psychology Student Papers and Posters

Eyewitness accounts have been integral to the criminal justice system. However, given that not every criminal case has forensic evidence that is available or admissible, the reliance on eyewitness accounts conjures questions about believability. This is an important area of research because the over-belief of witnesses may lead to wrongful convictions, yet under-belief may leave the victim without justice. The current study investigated how child-witness age, race, role as a witness (bystander versus victim), and the gender of the juror influenced the perception of child eyewitnesses through the lens of the Witness Credibility Model. Participants were presented with the testimony …

Adhd And Lifetime Behavior: The Relationship Between Adhd And Negative Behavioral Patterns, Mattie F. Harris

Psychology Student Papers and Posters

Despite more recent recognition, those with ADHD are till often left behind by their peers as they enter a world that is not built to accommodate them. They’re often left with less preparation for their entrance into adulthood which may lead to behavioral issues as they grow older. The current study examined neurotypical individuals as well as those diagnosed with ADHD and their behavioral issues in their adult life under the guidance of Agnew’s General Strain Theory (2002). Agnew’s theory posits that relationships that put strain on individuals may lead to these same individuals committing negative, and often criminal, behaviors. …

The Feasibility And Acceptability Of A Diabetes Survival Skills Intervention For Persons Transitioning From Prison To The Community, Louise Reagan, Rick A. Laguerre, Sarah Todd, Colleen Gallagher

Management Faculty Research and Publications

Community evidenced-based diabetes self-management education (DSME) models have not been examined for feasibility, acceptability, or effectiveness among persons transitioning from prison to the community to independent diabetes self-management (DSM). In a non-equivalent control group design with repeated measures, we examined the feasibility, acceptability, and preliminary effect of a 6-week, 1-h per week Diabetes Survival Skills (DSS) intervention on diabetes knowledge, distress, self-efficacy, and outcome expectancy for transitioning incarcerated males. Of the 92 participants (84% T2D, 83% using insulin, 40% Black, 20% White, 30% Latino, 66% high school or less, mean age 47.3 years, 84% length of incarceration ≤4 years ), …