Law Commons^™

#Black Lives Matter? Analyzing The Effects Of Police-Caused Black Deaths On Media Coverage And Public Interest In The Movement, Francesca Bordonaro, Dale Willits

Journal of Criminal Justice and Law

Black Lives Matter is a social movement, created and maintained on social media networks; its formation was spurred in part by the number of Black men and women who have been killed by police officers in the United States. This research focuses on the relationship between police-caused deaths of Black men and women and media coverage of and public interest in Black Lives Matter. The primary goal of the research was to determine whether traditional news coverage of Black Lives Matter was linked to the killings of Black citizens by police. We found that Black citizen deaths did not result …

A Closer Look At The Eric Garner Incident: The New York Police Department Should Review Its Policy Instead Of Trying Its Police Officer, Andrew J. Costello

Journal of Criminal Justice and Law

After an examination of the death of Eric Garner, existing laws and current practices of the New York Police Department (NYPD) come into question. A step-by-step breakdown of the events after the death of Eric Garner explains the outcome of legal decisions of the criminal process against Police Officer Pantaleo made by the Richmond County District Attorney’s Office and the U.S. Attorney’s Office. An explanation and the likely outcome of the NYPD’s upcoming administrative trial are presented from an insider’s point of view. The author argues that the likely conviction of Officer Pantaleo on administrative charges, resulting in his termination, …

The Eric Garner Incident: Sentinel Calls For Greater Scholarly Support In Policymaking, Joe D. Mazza

Journal of Criminal Justice and Law

The Eric Garner incident serves as a sentinel event exposing weakness in our system of policing low-level offenses. The New York Police Department policy at the center of this encounter lacked a foundation of sound evidence. Administrative mandates forced officers to make a custodial arrest instead of releasing a low-level offender in the field. Combined, they created a condition ripe for tragic results. Custodial arrests should serve important public interests, but none are apparent here. This incident presents a call for greater scholarly partnerships with police and other stakeholders to provide studies with evidence on which better public policy can …

Measuring Disproportionate Treatment In Policing: One Department’S Experience, Heidi S. Bonner, Michele Stacey

Journal of Criminal Justice and Law

Detecting disparate impact in policing practice is essential, but those tasked with developing such inquiry face significant challenges in designing analyses. Racial profiling research has also been plagued by an inability to gain consensus regarding valid comparison groups – commonly termed the “denominator problem” in benchmarking analyses. The current inquiry details the process and outcome of using the disproportionality index (Dolan Consulting Group, 2016) to investigate several enforcement actions at a midsize department in the southeastern United States. The findings highlight the importance of combining the appropriate benchmark with the appropriate level of analysis, and the need for more scholarly …

Reorienting Disclosure Debates In A Post-Citizens United World, Katherine A. Shaw

Book Chapters

Disclosure is often an afterthought in debates about money in politics. Reformers have tended to take disclosure for granted, devoting little time to developing and refi ning the affi rmative case for it. They have also tended to assume that the current disclosure regime is an effective one, at least as far as it goes. Reformers have devoted substantial attention to the holes in the current regime in the post- Citizens United era— so- called “dark” and “gray” money 1 — and have considered ways to bring such activity into the light. Yet even if they are successful, such expansion …

Maine Sexual Assault Kit Study, Alison Grey, Erika Arthur, Viacheslav Tomenko, George Shaler Mph, Elisabeth Snell

Justice Policy

The Cutler Institute recently released the Maine Sexual Assault Kit (SAK) Study Report. This report was produced for the Maine Coalition Against Sexual Assault (MECASA). In 2018 MECASA contracted with researchers at the Cutler Institute, with funding in part from a grant from the Office on Violence Against Women STOP Violence Against Women Formula Grant Program, through the Maine Department of Public Safety.

Researchers employed a mixed-methods approach to gather comprehensive data about the current status of sexual assault kits in Maine; the challenges and successes of processing and storing kits in Maine; and nationally recognized best practices.

Findings from …

Front Matter

Hofstra Law Review

No abstract provided.

End Matter

Hofstra Law Review

No abstract provided.

No Longer Private: On Human Rights And The Public Facet Of Social Network Sites, Noa Mor

Hofstra Law Review

No abstract provided.

The Paradox Of Regulating Lobbying Through Legislation, Shirley Naveh

Hofstra Law Review

No abstract provided.

Originalism As Fable (Reviewing Eric Segall, Originalism As Faith), Jeremy Telman

Hofstra Law Review

Eric Segall's Originalism as Faith provides both a history of the originalist movement in constitutional interpretation and a critique of that movement from the perspective of legal realism. This Review Article summarizes Segall's main argument: as originalism has abandoned deference to the political branches, it has become indistinguishable from its nemesis, living constitutionalism. Emptied of substance, originalism becomes nothing more than an expression of faith. Segall makes his argument very convincingly, evidencing both his knowledge of originalism, in all its variants, and his mastery of constitutional doctrine.

This Article offers two ways in which Segall's exemplary work might be supplemented. …

Any Man Can Be A Father, But Should A Dead Man Be A Dad: An Approach To The Formal Legalization Of Posthumous Sperm Retrieval And Posthumous Reproduction In The United States, Jean Denise Krebs

Hofstra Law Review

No abstract provided.

Transgender Beneficiaries: In Becoming Who You Are, Do You Lose The Benefits Attached To Who You Were, Ashleigh C. Rousseau

Hofstra Law Review

Suppose William Smith, father of Joseph Smith, executes a will to leave his estate to his children. In his will, the phrase "to my son, Joseph" is used, preceding a bequest for property. Before William dies, Julia embraces her transgender identity, obtains a lawful name change to Julia, obtains a lawful gender marker change, and undergoes sex confirmation surgery. William dies, and his estate is divided. Is Julia still entitled to Joseph's portion of William's estate? In embracing her transgender identity, is she deprived of her right to inherit?

Community-Based Research Methods To Inform Public Health Practice And Policy: The Case Of Lead In The Mississippi Delta, Mary Alexandra Fratesi

Honors Theses

Environmental health issues are complex and require interdisciplinary and community engagement approaches to better understand them and inform policy. As one example, lead exposure has a number of dangerous neurological effects, including developmental delays and learning deficits. Potential lead exposure through drinking water and paint are areas of concern. In a 2018 document, the Environmental Protection Agency (EPA) estimated that up to 20% of lead exposure comes from drinking water alone. By using a type of engagement research called community-based research (CBR), this project began to address this major public health issue. CBR can be used to connect residents, their …

A "Bad Rap":R. V. Skeete And The Admissibility Of Rap Lyric Evidence, Ngozi Okidegbe

Faculty Scholarship

The use of accused-authored rap lyric evidence is no longer rare in Canadian criminal proceedings. Adduced by Crown prosecutors, rap lyrics written or co-written by an accused are increasingly used in criminal trials as evidence of the accused’s intent, knowledge, motive, identity, or confession to the commission of the specific offence charged. The practice is not without controversy. The introduction of an accused’s artistic work in the form of rap lyrics at trial engages trial fairness concerns. Without a keen awareness of the social and cultural context that produces rap music, trial actors risk inflating their probative value and underestimating …

Understanding Environmental, Health And Economic Activity Interactions Following Transition Of Ownership In Gold Mining Areas In Tanzania: A Case Of Private To Public, Sophia Rhee, Elias Charles Nyanza, Madison Condon, Joshua Fisher, Theresia Maduka, Anja Benshaul-Tolonen

Faculty Scholarship

Mining is an important source of revenue for many developing countries, however, the social, environmental and economic impacts of mining are often poorly monitored. The recent transition of a gold mine in Western Tanzania—from large-scale gold mine under private, multinational ownership, to medium-scale public and national owned mine with limited life length offers a prime opportunity to understand the implications of changes in ownership and scale on the local economy and community well-being. We conducted 44 semi-structured interviews with community members in four villages adjacent to the mine site. We find that the local economy and public service provision contracted …

Assessing The Impact Of The Global Compacts On Refugees And Migration In The Middle East, Susan M. Akram

Faculty Scholarship

Today, the overwhelming burden of the global refugee and migrant crisis is borne by the Middle East region, driven by protracted armed conflict and exacerbated by a deficit of applicable international legal norms. Most States in the Middle East have not adopted the international treaties that provide protection guarantees for refugees and stateless persons, the 1951 Refugee Convention and its 1967 Protocol, the 1954 Convention on the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness. The lack of legal status for persons displaced by conflict, many of whom are stateless refugees, leaves them in situations …

Karaoke Car Talk With Mark Pettit, Frances H. Miller

Faculty Scholarship

Mark Pettit and I played our own version of Carpool Karaoke long before it became a media favorite. Mark was the quiet one, a prisoner in my car for more than forty years of driving back and forth to the Law School on the Mass Pike. We were cooped up alone together for an hour and a half almost every day, sometimes under trying circumstances, including monumental traffic jams and weather horrendiomas. Some days we had more direct conversation with one another than either one of us had with our own spouses. So I thought I’d give you a little …

Tribute To Professor Mark J. Pettit, Jr., Jack M. Beermann

Faculty Scholarship

When the BU School of Law community lost Professor Mark Pettit, Jr. last summer, we lost a great teacher, perhaps the best law teacher in the United States. His classes sang even when he was not singing. I have an overwhelming feeling of gratitude at having been Mark’s friend and colleague for the past thirty-four years. When my friends at the Mandel Legal Aid Clinic at the University of Chicago Law School learned I would be teaching at BU Law, they urged me to seek Mark out. Mark taught there as a clinical instructor before he came to BU, and …

Then And Now: Mark Pettit’S Modern Unilateral Contracts In The 1980s And In The Age Of Blockchains, Daniela Caruso

Faculty Scholarship

Having read Jack Beermann and Fran Miller’s moving and insightful essays, I find myself unable to express in further words how wonderful Mark was and how much I miss him. I ask therefore that Jack and Fran allow me to join their celebration of Mark’s inimitable brilliance and generosity. What I offer today is a particular word of praise for an article by Mark which is not only my favorite, but also an extremely well regarded contribution to contract law scholarship: Modern Unilateral Contracts. 1 In this oft-cited and oft-quoted piece,2 published in this Law Review in 1983, Mark took …

The Depravity Of The 1930s And The Modern Administrative State, Steven G. Calabresi, Gary Lawson

Faculty Scholarship

Gillian Metzger’s 2017 Harvard Law Review foreword, entitled 1930s Redux: The Administrative State Under Siege, is a paean to the modern administrative state, with its massive subdelegations of legislative and judicial power to so-called “expert” bureaucrats, who are layered well out of reach of electoral accountability yet do not have the constitutional status of Article III judges. We disagree with this celebration of technocratic government on just about every level, but this Article focuses on two relatively narrow points.

First, responding more to implicit assumptions that pervade modern discourse than specifically to Professor Metzger’s analysis, we challenge the normally unchallenged …

Using The Engagedmd Multimedia Platform To Improve Informed Consent For Ovulation Induction, Intrauterine Insemination, And In Vitro Fertilization, Jody L. Madeira, Jennifer Rehbein, Mindy S. Christianson, Miryoung Lee, J. Preston Parry, Guido Pennings, Steven R. Lindheim Md

Articles by Maurer Faculty

Objective: To study patient and provider feedback on how a multimedia platform (EngagedMD) helps patients to understand the risks and consequences of in vitro fertilization (IVF), ovulation induction (OI), and intrauterine insemination (IUI) treatments and the impact of the informed consent process.

Design: Prospective survey study.

Setting: IVF units in the United States.

Patient(s): Six-thousand three-hundred and thirty-three patients who viewed the multimedia platform before IVF or OI-IUI treatment at 13 U.S. IVF centers and 128 providers.

Intervention(s): Quantitative survey with 17 questions.

Main Outcome Measure(s): Assessment of the impact of a multimedia platform on patient anxiety, comprehension, and satisfaction …

A Farewell To Falsity Shifting Standards In Medicare Fraud Enforcement, Isaac D. Buck

Seton Hall Law Review

No abstract provided.

How Bitcoin Functions As Property Law, Eric D. Chason

Seton Hall Law Review

No abstract provided.

Multidimensionality: Rethinking Power Projection For The 21st Century, David J. Katz

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Book Review: The Negotiator's Desk Reference, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Negotiation theory and practice have evolved at a phenomenal pace since thepublication of Fisher and Ury’s seminal work Getting to Yes.1 The sheer breadth of topics inThe Negotiator’s Desk Reference2 (“NDR”) attests to how negotiation has advanced as a multidisciplinary field. Published in 2017 to replace its predecessor The Negotiator’s Fieldbook,3the NDR comprises 101 chapters written by very prominent academics and practitioners drawnfrom a wide range of professions, disciplines and cultures. According to its editors, more thanhalf of the contents are new, reflecting the new frontiers of the negotiation field.

Second Class Citizenship? The Plight Of Naturalized Special Immigrant Juveniles, Irene Scharf

Cardozo Law Review

No abstract provided.

Conspiracy: Contemporary Gang Policing And Prosecutions, Keegan Stephan

Cardozo Law Review

Part I of this Note reviews gang policing before Morales, explains the vagueness, equal protection, and policy and custom doctrines that helped shape gang policing, and details the practices of contemporary gang policing. Part II argues that contemporary gang policing violates equal protection under the innovative showing of discriminatory intent found in Floyd v. City of New York, and that contemporary gang policing violates both prongs of the vagueness doctrine when viewed in its totality-at least where it is proscribed by statute. Part III notes that the vagueness doctrine has historically been applied only to statutory law and …

Revolution In Crime: How Cryptocurrencies Have Changed The Criminal Landscape, Igor Groysman

Student Theses

This thesis will examine the ways in which various cryptocurrencies have impacted certain traditional crimes. While crime is always evolving with technology, cryptocurrencies are a game changer in that they provide anonymous and decentralized payment systems which, while they can be tracked in a reactive sense via the blockchain, are seen by criminals as having better uses for them than traditional fiat currencies, such as the ability to send money relatively fast to another party without going through an intermediary, or the ability to obscure the origin of the money for money laundering purposes. Every week there are new cryptocurrencies …