Criminal Law Commons^™

Occupy, Nicholas Marti

Nebraska Journal on Advancing Justice

No abstract provided.

Rise Re-Entry Program, Rise Artists

Nebraska Journal on Advancing Justice

No abstract provided.

Airport Milk Justice, Elsbeth Magilton

Nebraska Journal on Advancing Justice

This creative and personal Essay explores the complex and often overlooked experience of a new working mother. Through a series of personal stories featuring airports and security personnel, this author navigates the struggles and lack of support from society for breastfeeding on-the-go. Ultimately, the author was able to use these personal experiences and turn them into a positive advocacy mission for herself and for other working mothers across the United States by finding solutions and reaching out to airport regulators. This piece highlights candidly the intersection between motherhood and the professional world by illustrating the difficulties and evolving expectations for …

A Love Letter To The Leaders: Why Recognizing And Discussing Secondary Trauma In Legal Work Will Benefit Your Staff, Your Clients, And Most Importantly, The Work, Isabel Corngold, Elizabeth Cole

Nebraska Journal on Advancing Justice

When you work in a client-facing, client-centered section of the law like criminal law, and specifically wrongful convictions, you encounter trauma. Many organizations, including innocence organizations, do not do a sufficient job to recognize and address the impact of that trauma on their staff. This piece seeks to explain the potential impact of this trauma by, one, defining the terms burnout; secondary and vicarious trauma; empathetic distress; countertransference; and compassion fatigue, and, two, listing out signs and symptoms that can be caused by experiencing any of these emotions. Drawing from the authors’ experiences in innocence organizations, this piece addresses leaders …

Extraterritorial Civil Liability After Mallory: A Potential New Weapon For Anti-Abortion States In The Interstate Abortion War, Velma Lockman

Nebraska Journal on Advancing Justice

Dobbs v. Jackson Women’s Health Organization marked the culmination of a decades-long movement to overturn the constitutional right to abortion established in Roe v. Wade. The decision commenced an interstate abortion war, in which anti-abortion states are now seeking to enforce their anti-abortion statutes in pro-abortion states. One such statute is Senate Bill 8 (“S.B.8”), a Texas anti-abortion statute that utilizes civil liability to prosecute anyone for “aiding or abetting” abortion.

The year after Dobbs, the Supreme Court issued their opinion in Mallory v. Norfolk Southern Railway Company, which upheld a Pennsylvania consent-by-registration statute and allows Pennsylvania courts to exercise …

Ecarrots: Prison Control And Profits From Correctional Tablets, Justin Iverson

Nebraska Journal on Advancing Justice

In recent years, tablets have gained tremendous popularity behind bars for their ability to expand access to educational and rehabilitative services for people in prison. However, there are downsides to tablet implementation, including high costs at the expense of a captive population and shifting power dynamics resulting in possible volatility. This Article examines the use of correctional tablets in jails and prisons as mechanisms for administrative control and profit-making in an era of beleaguered correctional budgets. It also considers legal and policy implications related to the disproportionately negative impact of the introduction of tablets on people in poverty, increased dependency …

Forewords To The Inaugural Issue, Njaj Editorial Board, Richard Moberly, Stefanie S. Pearlman, Kala Mueller, Danielle Jefferis, Brooklyn Terrill

Nebraska Journal on Advancing Justice

No abstract provided.

2024-25 Masthead, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.

Quo Vadis Desain Pengamanan Hakim Dari Perbuatan Merendahkan Kehormatan Dan Keluhuran Martabat Hakim (Pmkh) Di Indonesia, Zainatul Ilmiyah

Jurnal Hukum & Pembangunan

Judges, as the main judicial actors in law enforcement, have an independent nature, both in terms of institutions and in terms of determining their decisions. However, in exercising their authority, judges are often faced with the risk of injury, both physical and psychological, by the public, who are not satisfied with the decisions made by the judges. With an empirical legal research method and using a conceptual approach, statute approach, and comparative approach, this study aims to find the best form in the design of an institutional model for judge and court security units. In this study, it was found …

Rethinking The Automobile Exception, Lori A. Hoetger

University of Cincinnati Law Review

No abstract provided.

Ohio's Unconstitutional Burden Of Proof For Criminal New Trial Motions Based On Newly Discovered Evidence, David B. Alden, Michael P. Koslen

University of Cincinnati Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

Targeting School Shootings: Using Three Warning Signs - Animal Abuse, Domestic Violence, And Conduct Disorder - To Help Prevent Massacres, Phyllis Coleman

Widener Commonwealth Law Review

Whether packing a superhero lunchbox for their five-year-old’s first day in a public kindergarten just down the block or preparing their twenty-two-year-old for his freshman year at an Ivy League law school 2,000 miles away, parents across the country are terrified by images of panicked children running from schools while an active shooter tries to slaughter as many students, faculty, and staff as he can. But, despite these widespread fears, and numerous governmental and other investigative studies, the only real consensus seems to be that these are horrific, destructive attacks that should stop. The difficulty lies in finding agreement about …

Prison Foodways In “Orange Is The New Black”, A. E. Stearns, Morgan Wilson, Mckenzie Richard

Qualitative Criminology (QC)

"The current study adds to the literature on prison foodways and media studies by exploring the role of prison food on the show Orange is the New Black (OITNB). Specifically, this project aimed to better understand the nature of televised incarceration experiences through the way in which incarcerated characters interacted with food in the scenes. Through an analysis of 601 food-related scenes in OITNB, findings suggest: 1) food is a vehicle for additional layers of institutional control of captive bodies, 2) food plays myriad non-food roles such as medicine, a transactional medium, a vehicle for contraband, and even sexual pleasure, …

An Exploratory Study On The Practice Of Procedural Justice And Use Of Force In Police-Citizen Encounters, Charles Cunha

Qualitative Criminology (QC)

"Procedural justice is a philosophy and theory demonstrating that the practice of its four principles improves police-community relations. This means that citizens view law enforcement as a legitimate entity of government. Much controversy has stemmed from alleged unlawful killings of suspects in the past decade. These incidents question whether law enforcement acted legitimately. Since then, scholars have researched training in using the four principles of procedural justice. They have also researched the use of procedural justice in police-citizen encounters. The current research study addresses law enforcement officers’ perspectives on the use of force and the use of the four principles …

“They Are Usually Borderline Homeless”: Exploring The Nexus Of Homelessness, Housing Instability, Successful Reentry, And Long-Term Reintegration, Emily I. Troshynski, Carolyn Willis

Qualitative Criminology (QC)

"For previously incarcerated persons, affordable and safe housing options are scarce. Barriers to securing housing include federal mandates (i.e., eligibility requirements) as well as local rules and regulations (i.e., zoning and ordinances). When housing is available, disclosing criminal history on applications impacts individuals’ chances to rent (Philips & Spencer, 2013). A lack of a consistent rental history, no personal and/or employment references, and securing capital to cover security deposits are added challenges. Since parole rules direct ex-convicts not to associate with others that have a criminal record, living with partners, friends, and family members may not be an option. Research …

Perceptions Toward Wrongful Convictions And Needed Reforms In The Criminal Justice System: Does Working Experience In Law Enforcement Matter?, Natalia Ermasova, Aubrey Adams, Lisa Jackson

Qualitative Criminology (QC)

"This study proposes to investigate how public views on the wrongful conviction issue are connected with the perceived need for criminal justice reform and whether the professional experience in law enforcement influences these perceptions. This study employs a qualitative research design, deriving its conclusions from the comparative analysis of the survey responses concerning the issue of wrongful convictions and the criminal justice system collected from 45 law enforcement professionals and 35 individuals without such experience. The comparative results reveal that for the respondents without working experience in law enforcement, racial/ethnical bias was one of the most substantial issues of wrongful …

"Nobody Gives A Damn If You Don't Know The Rules": Poverty, Strain, And Crime, Chrystina Y. Hoffman, Dana R. Dillard, Erin King, Angela Blackburn

Qualitative Criminology (QC)

"General strain theory posits that individuals commit crimes when they experience negative emotions following various sources of strain. One such source of strain is poverty. In this study, researchers use focus group data and apply a general strain framework to analyze criminal offending during the Missouri Community Action Network's Poverty Simulation© (2022) at a regional comprehensive university in the Southeast region of the United States. A total of 99 undergraduate and graduate students participated in the focus groups at the end of the simulation. Findings support Agnew’s (1992) theory with examples of sources of strain stemming from poverty leading to …

Research Brief: Ghosting In The Realm Of Research: The Realities Of Conducting Social Science Research In The Digital Age, Lena M. Campagna, Angela S. Murolo

Qualitative Criminology (QC)

"Social science research does not occur in a vacuum. Competing for time and attention is the norm in a society that has become more isolated. Because of this, the effects of ghosting are prevalent everywhere. As social scientists, we are not immune to ghosting or its effects. In this research brief, two junior faculty members discuss their efforts to overcome ghosting at every level of the research process and its impact on hiring student workers, knowledge production, and meeting grant funding requirements. Lastly, the authors offer suggestions for overcoming the effects of ghosting and its effect on the challenges of …

Racially Disparate And Disproportionate Punishment Of Felony Murder: Evidence From New York, Guyora Binder, Alexandra Harrington

Journal Articles

America’s peculiar institution of felony murder liability has long been criticized as cruel and pointless, particularly as applied to defendants who did not kill. This study of felony murder arrest and disposition in New York reports large racial disparities, particularly for those convicted who did not kill. It is one of the first to examine the behavior punished, revealing that half of those convicted were charged as accomplices, not alleged to have killed. Many of those alleged to have caused death appeared to do so inadvertently. And almost thirty percent of all people convicted of felony murder were teens with …

Detention Of Foreign Seafarers And Vessels: Pollution Prevention Or Piracy?, Edward Maccoll, Marshall Tinkle

Ocean and Coastal Law Journal

The purpose of this Article is to interrogate the legal basis for holding foreign crewmembers against their will in connection with APPS prosecutions. Part I examines the underlying justification for prosecuting foreign vessel owners for foreign conduct under APPS. It first discusses the international anti-pollution regimen from which APPS emerged. Next, the Article explores the handful of cases in which APPS prosecutions have been challenged and for the most part sustained, and then offers a critique of the rationale for such prosecutions. Part II explores the lawfulness of the techniques to detain foreign crewmembers and press those crewmembers into the …

Slow, Expensive, And Out Of Control: A Statutory Solution To The Competency Crisis, Robert Barnhart

Maine Law Review

The United States Constitution guarantees both the right to a speedy trial and the right to be competent to stand trial. United States Supreme Court decisions have recognized both of these rights but left the hard work of implementing them to legislatures and rulemakers. After turning the technicalities over to the states, the Supreme Court has generally stayed out of the business of setting bright-line rules to follow, both for setting speedy trial limits and ensuring defendants are evaluated and restored to competency. This delegation has led to a dual crisis. Cases are not resolved on time, and a substantial …

Analisis Kritis Celah Regulasi Investasi Bodong Sebagai Peningkatan Tata Kelola Bisnis Terkait Investasi, Agustin Dea Prameswari

Jurnal Administrasi Bisnis Terapan

The phenomenon of fraudulent investment schemes in Indonesia continues to pose a significant threat to economic stability and business governance. This study aims to evaluate the effectiveness of existing regulations in preventing fraudulent investments, identify regulatory gaps exploited by perpetrators, and propose strategies to strengthen regulations and improve business governance. A qualitative approach was employed using document analysis, encompassing previous studies, prominent fraudulent investment cases such as MeMiles, Binomo, Fahrenheit, and Robot Trading Net89, as well as relevant regulatory frameworks. The findings reveal that existing regulations, such as Law No. 8 of 1995 on Capital Markets and Law No. 11 …