Off-Label Neuroimaging, Jane C. Moriarty

Law Faculty Publications

The growth of neuroimaging evidence in the courtroom is consistent with the increased reliance on technical and machine-based specialties at trial. Litigants routinely seek to introduce neuroimaging evidence in both civil and criminal trials to supplement traditional medical, psychiatric, and psychological opinion testimony. A substantial portion of neuroimaging evidence is still in the developmental stage—what I term “off-label neuroimaging.” Unsurprisingly, evaluating the reliability of developing neuroimaging poses challenging questions for gatekeeping courts. Among the complex evidentiary issues neuroimaging presents for courts and litigants, this Article considers one foundational question: How should courts determine whether neuroimaging evidence is sufficiently reliable for …

The Gender Of International Criminal Law, Caroline L. Davidson

Michigan Journal of International Law

Notwithstanding the recognition of select gender-based crimes as international crimes and the International Criminal Court’s prosecutors’ professed commitment to seeking justice for gender-based crimes, core doctrines of international criminal law (ICL) obstruct accountability for gendered violence. This article identifies the overlooked gendered implications of a few substantive pillars of ICL: a de facto insistence on a connection to war (“war fetish”), a preoccupation with powerful men, and a focus on the “mastermind” of the crime to the exclusion of other culpable perpetrators.

These substantive pillars, some long-standing and some more recently erected, obscure the vast landscape of gender-based crimes and …

‘Insistent’ Objectors: The (Ab)Use Of Procedural Defenses Before The International Court Of Justice, Damian A. Gonzalez-Salzberg, Eoin Campbell

Michigan Journal of International Law

Procedural defenses refer to tactical devices that object to either a court’s jurisdiction or to the admissibility of an application, aimed at stopping a court from deciding on the merits of a case or, at least, at limiting the scope of its decision. From its creation in June 1945 and up to the end of 2024, the International Court of Justice (“ICJ”) has adjudicated 101 cases, with almost 80% of them featuring procedural defenses raised by states. These defenses have not only been plentiful, but have been extremely effective, leading to the ICJ’s refusal to decide on the merits of …

Understanding Victim Experiences Within The Criminal Justice System, Carmen Hardin, Caron Lott

Journal of Criminal Justice and Law

This study explores crime victims’ perceptions of participation in criminal justice proceedings. In all, eight (8) interviews and 314 surveys of crime victims were conducted in Arkansas.  Among crime victims, 92% reported the crime to the police, 76% felt the case’s outcome served justice, 78% would be okay attending court again, 45% felt very safe in court, and 38% strongly agreed that their needs and wishes were considered in court.   Three main themes emerged from the interviews: 1) impact of crime victimization on individual needs, 2) perceived access to mental and physical well-being support, and 3) perceptions of crime victims …

A Blind Eye To Justice: Blind Pleas In The American Courtroom, Meghan Koza, Makayla Nolen, Stuti Kokkalera

Journal of Criminal Justice and Law

Over 90% of criminal court cases are decided through plea negotiations, rather than through a jury or bench trial. Within the broader context of plea negotiations is the use of a “blind” or “open” plea, where defendants consent to the court’s decision without a chance to participate in the bargaining process. In entering blind pleas, defendants must waive constitutional trial rights with the hope that they will be given a more lenient sentence but are largely left in the dark during the process. This study aims to provide a national overview of the utilization of blind pleas in the United …

Brief Of Evidence – Bill C-16 Protecting Victims Act, Emma Cunliffe

All Faculty Publications

This brief focuses specifically on the proposal in Bill C-16 to create a new criminal offence of coercive control and the absence of any correlate defence for offences committed by a person who is subject to coercion. Reviewing evidence from research in other jurisdictions that have adopted such an offence (Scotland, England and Wales, and the Australian jurisidictions of NSW and Queensland), as well as Canadian research, there is abundant evidence to suggest that more criminal law, including new offences, will not necessarily increase women’s safety; and in fact, can be predicted to expose women to greater risk of harm …

The Court And The Killing State, Eric Berger

Michigan Law Review

A review of Secrets of the Killing State: The Untold Story of Lethal Injection. By Corinna Barrett Lain.

Threats And Political Violence, J. Richard Broughton

Nevada Law Journal

No abstract provided.

The Three (3) Eras Of Compstat, Through Cultural Change. Lessons From The Past, Present And Future, Kevin Brown

Student Theses

Abstract

Using data and information from respondent surveys of current and former NYPD police executives, this study examines the cultural change, impact, and effectiveness of the NYPD’s CompStat system from the perspective of superior officers who have participated in it since its inception. CompStat was introduced in 1994 by NYPD, Police Commissioner, William Bratton.  Achieving cultural change in any police organization can be a monumental task, requiring CompStat’s transformational methods of data-driven accountability and four core principles that are aligned with organizational transformation evidence: timely intelligence, rapid deployment, effective tactics, and relentless follow-up.  This research explores how these principles have …

Two Strikes And A Prisoner’S Out: The Supreme Court’S Bad Call In Lomax V. Ortiz-Marquez, Molly Guptill Manning

Journal of Law and Policy

Since 1892, federal legislation has provided for the waiver of court filing fees so indigent plaintiffs can access the courts. In 1996, the Prison Litigation Reform Act amended the law. Citing an explosion in the number of prisoner filings (and ignoring the commensurate explosion in the size of the prisoner population), Congress sought to disincentivize prisoners from filing federal actions by denying them an outright waiver and instead requiring them to pay filing fees in installments. It also added a “three strikes” rule. Under the latter provision, if a prisoner files three or more actions or appeals that are dismissed …

President Or King? What The United States Can Learn From Brazil’S Conviction Of Former President Jair Bolsonaro, Emma Al-Angurli Peltzer

Journal of Law and Policy

In the United States, January 6, 2021, became a defining moment. President Donald Trump’s conduct and the lack of consequences have been indelibly etched into the nation’s political memory. In Brazil, January 8, 2023, marked a similar political rupture, but one that sealed former President Jair Bolsonaro’s fate in a very different legal order. Through a comparison of the Unites States Supreme Court’s decision in Trump v. United States and Brazil’s criminal conviction of former President Bolsonaro, this Note demonstrates how two presidential democracies took sharply different paths when confronted with attacks on their constitutional order. Brazil’s 1988 Constitution, shaped …

With All The Strings Attached: Analyzing Participation Of Disempowered Groups In Structuring New York’S Social Equity Cannabis Investment Fund, Nicholas Schuermann

Journal of Law and Policy

For decades, New York’s selective enforcement of cannabis prohibition has disproportionately targeted low-income Black and brown communities, resulting in mass incarceration, decimated economic opportunity, and entrenched generational harm. In 2021, New York enacted the Marihuana Regulation and Taxation Act (“MRTA”) with an explicit reparative mandate: to redress these harms by lowering barriers to enter the new recreational cannabis market for those severely impacted by prohibition. Central to this effort is the Cannabis Social Equity Investment Fund, a $200 million program designed to provide justice-impacted entrepreneurs with turnkey retail locations, low-interest loans, and business support. In practice, however, the Fund has …

The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold

Seattle University Law Review

For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …

Sexual Communications, Digital Intimacy, And The Extremely Limited Admissibility Of Evidence Of A Complainant’S Intention To Consent, Elaine Craig

Dalhousie Law Journal

Research indicates that women are less likely than men to have any intention of actually engaging in the sexual activities they communicate about digitally, and men are more likely than women to assume that sexual text messages indicate an intention to engage in sex “in real life.” Sexting often reflects a highly stylized, performance-based, uninhibited and sometimes disinhibited form of discourse that distinguishes it from in-person communications. It is frequently open to interpretation and only rarely can these communications reasonably be said to reveal a reliable and non-discriminatory inference about a complainant’s actual sexual intentions for the future, let alone …

Non-Judicial Mechanism For Resolving Past Human Rights Violence In Indonesia; How Does It Redress Women Victims Of Sexual Violence?, Sri Wiyanti Eddyono, Audrey Anggita Ayuningtyas

The Indonesian Journal of Socio-Legal Studies

This paper examines whether the Indonesian government's non-judicial settlement for addressing past gross human rights violations (PGHRV) offers redress for the victims of sexual violence of past human rights violations. Indonesia has grappled to address past human rights violations through formal justice mechanisms. There are about 12 unresolved cases, more than half of which concerning sexual violence during conflict. This paper combined a socio-legal approach with mixed methods to gather data on the issue PGHRV: desk research and interviews with key persons involved in the non-judicial mechanism. Due to the heavy political pressure, the formal judicial mechanism reached a dead …

Rehabilitation Or Retribution? A Socio-Legal Comparison Of Criminal Sanctions And Social Reintegration In Indonesia And Spain, Ridwan Arifin, Izan Mateo Cassandro

The Indonesian Journal of Socio-Legal Studies

This study examines the legal, institutional, and socio-cultural mechanisms influencing the social reintegration of ex-offenders in Indonesia and Spain. Despite a global trend toward rehabilitative approaches, practical implementation reveals significant divergence due to structural, cultural, and economic factors. Indonesia’s penal system, guided by Law No. 22 of 2022 and the new Criminal Code (KUHP), emphasizes statutory rehabilitation and vocational and spiritual programs. However, challenges such as prison overcrowding, limited post-release support, and societal stigma constrain effectiveness. Judicial decisions indicate cautious application of restorative provisions, reflecting both public expectations and institutional limitations. In Spain, rehabilitation is constitutionally entrenched under Article 25(2) …

Making Noise Through Law: Indigenous Legal Mobilisation Against A Power Plant In “French” Guiana, Pierre Auzerau

Tipití: Journal of the Society for the Anthropology of Lowland South America

In so-called “French” Guiana, or Guyane, the Kali’na village of Atopo Wipi has fought for years against a hydrogen power plant being built on their land. Drawing on ethnographic fieldwork conducted between 2023 and 2024 in Guyane and Western Europe, where I collaborated with various stakeholders to support Atopo Wipi’s resistance to the power plant, my research focuses on the legal dimensions of the Kali’na’s struggle to protect their land. Specifically, this article examines how the Kali’na navigated different normative frameworks, including international human rights standards and French law, to fight the project. Through this analysis, I show how the …

Extra Omnes: Analyzing The United States’ And Ireland’S Methods Of Quelling The Criminal Clergy Sexual Abuse Scourge, Dana Aprigliano

Journal of Catholic Legal Studies

(Excerpt)

In late 2008, an Irish businessman was successful in legally preventing sexual assault claims from being brought against him. In explaining why one “victim” should be discredited, the court cited a threat she made against the businessman to make allegations of a sexual nature against him if he did not pay her a sum of money. In particular, she told him that if he did not pay her, she would “have him . . . ’plastered all over the front of the Evening Herald like those p[e]dophile priests.’ ” Although the businessman was not a priest or, as it …

State Of Nevada V. Rocky Stanley Salazar, 123 Nev. Adv. Op. 45 (May 28, 2026), Bowen Fuller

Nevada Supreme Court Summaries

When second-degree murder by a controlled substance starts on tribal land but consummates on nontribal land, the state has jurisdiction to prosecute the crime.

“I Have A Voice”: Bridging The Communication And Sensemaking Gap Between Restorative Justice Practice And Program Implementation, Stefan Cocorelis

Dissertations

Restorative justice (RJ), a philosophy, practice, and movement inspired by local, largely Indigenous traditions, has increasingly been introduced in modern criminal justice systems as an alternative process to more comprehensively address harmful incidents, heal harms, and meet victim’s needs. While RJ implementation growth is encouraging for its advocates, there remain significant questions around formalized RJ practice. Specifically, little is known about the decision-making process in implementing and administering RJ programming within criminal justice. This dissertation aimed to contribute to the understanding of RJ practice and implementation efforts within criminal justice systems by putting emphasis on practitioners already working directly in …

Urgensi Pertanggungjawaban Pidana Korporasi, Kristian Kristian

Jurnal Hukum & Pembangunan

Abstract

Komisi Yudisial Dan Pengawasan Hakim Di Indonesia, Wahyu Wiriadinata

Jurnal Hukum & Pembangunan

Abstract

Konsep Pengembangan Pendekatan Struktur Dalam Perjanjian Penetapan Harga Pada Putusan Kppu, Azizah Azizah

Jurnal Hukum & Pembangunan

Abstract

Kebijakan Pemberian Remisi Bagi Koruptor, Suatu Telaah Kritis Dari Perspektif Sosiologi Hukum, Edi Toet Hendratno

Jurnal Hukum & Pembangunan

Abstract

Pelaksanaan Perlindungan Hukum Merek Untuk Pengusaha Ukm Batik Di Pekalongan, Solo, Dan Yogyakarta, Agus Sardjono, Brian Amy Prastyo, Desrezka Gunti Larasati

Jurnal Hukum & Pembangunan

Abstract

Kebebasan Hakim Memutus Perkara Dalam Konteks Pancasila (Ditinjau Dari Keadilan “Substantif”), Ery Setyanegara

Jurnal Hukum & Pembangunan

Abstract

Maurice Robinson V. The State Of Nevada, 142 Nev. Op. 37 (May 21, 2026), Kaleigh Evanchak

Nevada Supreme Court Summaries

Elder exploitation is charged as one unit per victim, and certain theft offenses may be aggregated when committed as part of a scheme or continuing course of conduct.

Perolehan Dan Hak Waris Dari Istri Kedua, Ketiga Dan Keempat Dalam Hukum Kewarisan Islam Di Indonesia (Sebuah Pemahaman Dengan Ilmu Hukum, Filsafat Hukum Dan Paradigmatik), Didi Sukardi

Jurnal Hukum & Pembangunan

Abstract

Privatisasi Bumn Dan Otonomi Daerah Dalam Pembangunan Ekonomi Indonesia, M. Rizal Alif

Jurnal Hukum & Pembangunan

Abstract

Pelaksanaan Atau Eksekusi Putusan Badan Arbitrase Syariah Nasional (Basyarnas) Sebagai Kewenangan Pengadilan Agama, Ummi Uzma

Jurnal Hukum & Pembangunan

Abstract