Law Enforcement and Corrections Commons^™

Modern Day Colonialism Through HawaiʻI’S Quiet Title And Partition Laws, Cheyann Fujii

Seattle University Law Review

This Note will attempt to highlight important aspects of Hawaiian history to provide readers with a clear picture on how Native Hawaiians are still impacted by colonialism, specifically when plaintiffs bring a quiet title or partition action against Native Hawaiian owners of kuleana lands. Before colonization, the concept of private land ownership did not exist in Hawai‘i, and Native Hawaiians adopted a feudal system by dividing land into geographical areas. Missionaries and businessmen brought Western ideas to Hawai‘i and influenced legislation such as the Great Māhele and the Kuleana Land Act of 1850, which solidified the concept of private property. …

Data Advantage And Merger Review: Can Entrenchment Theory Reform Antitrust Enforcement?, Shin-Ru Cheng

Seattle University Law Review

A merger involving giant digital companies is likely to dampen competition, as it allows those companies to combine and control data access, enabling them to entrench their dominant positions in relevant markets and extend those positions into related markets. While competition law in many jurisdictions aims to prohibit mergers that may substantially lessen competition or create a monopoly, arguably the review of digital mergers is failing because antitrust agencies lack an effective approach to identify data-generated anticompetitive harms. This Article demonstrates that entrenchment theory, recently reintroduced in the 2023 U.S. Merger Guidelines, would help reform the process of antitrust enforcement. …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Caution: Potholes In E-Scooter Data Collection, Dakota Rakestraw

Seattle University Law Review

Lime scooters keep ending up in major waterways in Washington state metro areas, a testament to the ubiquity of e-scooters in the metropolitan landscape. How they get there is unclear. Why they get there is even murkier. Perhaps the answer lies in the implications of modern geolocation data collection through e-scooters and gaps in current data collection regulation curbing individual liberties.

Since September 2020, electric scooters have run Seattle’s streets and have dramatically overtaken ridesharing bike trips. For example, from September 2020 to September 2021, there were about 1.4 million scooter and bike trips with September 2021 seeing 300,000 scooter …

Machinists Preemption In The New Administrative Law, Andrew J. Ziaja

Seattle University Law Review

This Article assesses Machinists preemption—a labor-specific form of implied field preemption—while freshly considering implications both for and of new developments in administrative law. The radical transformation of administrative law in the Supreme Court, particularly its newfound emphasis on clear-statement rules, provides opportunities to reconsider the Machinists rationale. Aligning with scholars who have called to question the doctrine’s “ossifying” influence on labor and employment policy, it argues that the modern-day version of Machinists preemption clashes with the Supreme Court’s newly constrained view of delegated power and its differing conceptions of the major questions doctrine.

On the other hand, Machinists preemption might …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii

Seattle University Law Review

Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …

Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming, Rosie Midget

Seattle University Law Review

This Note addresses how courts and legislatures should address “Open Gaming Licenses” commonly attached to tabletop roleplaying games (TTRPGs), which game publishers use to promote a false image of accessibility—misleading consumers and building goodwill from the misunderstanding. Part I discusses what TTRPGs are, including the defining features of the hobby and culture surrounding it, as well as the unique interplay between publishers and players. Part II explores the question of which elements in a TTRPG system may be subject to copyright protection. Part III examines these elements in practice using Wizards of the Coast’s Dungeons and Dragons TTRPG as a …

Transforming Criminal Justice Leadership With A Servant-Oriented Trauma-Informed Approach, Janina Cich

Forensic Scholars Today

This paper explores the transformative potential of a criminal justice leadership model by integrating principles of servant leadership, emotional intelligence, and trauma-informed care, focusing on rebuilding community trust, improving officer well-being, and fostering equitable, empathetic public service. This transformative module emphasizes humility, accountability, and emotional awareness to address the deep-rooted effects of trauma on both criminal justice personnel and the communities they serve. Through proactive strategies, such as open communication, cultural competence training, and mental health support, future leaders can cultivate resilient, community-focused agencies prioritizing healing, justice, and human dignity.

When Prenatal Care Becomes A Crime, Casey Hunter

Fordham Law Review

For decades, pregnant women have increasingly faced criminalization for their actions and conduct during pregnancy, with Alabama emerging as a focal point due to its aggressive use of section 26-15-3.2: Chemical Endangerment of Exposing a Child to an Environment in Which Controlled Substances Are Produced or Distributed. Originally intended to protect children from the dangers of methamphetamine labs, this law has been reinterpreted to prosecute pregnant women who test positive for controlled substances. Central to these prosecutions are positive drug tests obtained from prenatal health records, causing many women to avoid prenatal care for fear of legal consequences.

This Note …

A National Survey And Critical Analysis Of University Police Statutes, Vanessa Miller

Buffalo Law Review

This Paper provides an empirical study and critical analysis of university police statutes in all fifty jurisdictions, Guam, Puerto Rico, and the District of Columbia. The primary focus of the survey is to examine the regulatory framework governing campus police officers at public institutions of higher education. The study employs a crossdisciplinary approach, combining critical legal and qualitative analyses to provide a comprehensive overview of the legal landscape surrounding university police across the United States. The findings of the study include several key elements related to university police, such as police powers, jurisdiction, governing bodies, removal procedures, and use of …

Taking Back The Takings Clause: The Case For Compensating Innocent Property Owners Caught In The Crossfire Of Police Activity, Kathleen Collins

William & Mary Law Review

Part I of this Note will provide an overview of the history of the Takings Clause, the role of the police power in takings jurisprudence, and the necessity exception to takings. Specifically, Part I will demonstrate that (1) the gravity of physical government intrusions has led the Supreme Court to consistently treat such intrusions as per se takings, (2) any distinction between eminent domain and the police power exists in the context of regulatory takings, and (3) the necessity exception rests on a shaky foundation as a common law tort doctrine. Part II will refute Lech’s conclusion that law …

How Alternative Sentencing Methods Can Reduce Recidivism And Incarceration Rates For Drug Offenders In Wisconsin, Mitchell D. Fugate

Master of Public Administration Capstone Papers

The criminal justice system in the U.S. has typically been focused more on punishment in the past, but in recent times has shifted more towards implementing rehabilitative measures as a means to reduce the recidivism rate, and thus decrease the overall incarceration rates for the U.S.. An area that is especially different is drug offenses, as many of those that are arrested are addicted, and punishment does not address that addiction directly. By using alternative sentencing as a means of rehabilitation for drug offenses, the criminal justice system can work to address the issues at the root causes as well …

The Sheriff's Constitution, Farhang Heydari

Vanderbilt Law School Faculty Publications

The county sheriff is unique among our nation's law enforcers, with an ancient pedigree, elected status, and special protections as a state constitu- tional officer. But these factors combine to cause a recurrent problem elected sheriffs often assert for themselves the power to refuse to enforce criminal laws of their choosing. Today's constitutional sheriffs-a group of sheriffs who view themselves as the highest authority in their county, answerable only to their electorate-are the latest manifestation of this ethos, declaring opposition to gun control measures, pandemic restric- tions, environmental protections, and more. Lest one think these nonen- forcement decisions are entirely …

Addiction In The Prison System: Recidivism And Alternatives, Daniel R. Bowers

Undergraduate Honors Theses

The United States criminal justice system has the highest number of incarcerated individuals in the world, with nearly 2 million people currently being behind bars, and around 7.5 million arrests per year according to the most recent available statistics. A key factor in this is addiction, specifically substance use disorders. Between 58% to 68% of adults arrested are addicted to one or more substances, with 68% of drug involved individuals being rearrested within three years of being released. This recidivism rate is incredibly high, and when combined with current prison and jail overcrowding, has created massive problems for the United …

Innocence And Habeas Corpus: A Call For Equitable Reforms, Paige Skousen Nelson

BYU Law Review

Congress intended the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) to codify the Burger and Rehnquist Courts’ habeas corpus jurisprudence, which aimed to establish finality and innocence as gatekeepers to the “Great Writ.” But in practice, AEDPA hinders innocence claims, particularly claims of legal innocence.

This Note agrees that innocence should be one of the most important considerations in granting writs but argues that it is not as valued as Congress intended. This Note proposes two congressional reforms to reinstate innocence to its paramount role without compromising finality: first, amending the federal habeas petition rule to allow petitioners …

The Roots And Risks Of Domestic Violence: A Holistic Review For Law Enforcement, Kiley Elsenpeter

Master of Arts in Human Services

Domestic violence (DV) is a global issue that disproportionately impacts women, producing harmful consequences for victims, families, and the community. DV involves a multifaceted interplay of individual, social, cultural, and policy elements, with intimate partner violence (IPV) representing the primary risk factor for intimate partner homicide (IPH), highlighting male-perpetrated DV as a focal concern. This review of existing literature thoroughly elucidates the predominant roots, consequences, and risk factors associated with DV, underscoring the significance of cultural awareness, trauma-informed care (TIC), and the application of evidence-based risk assessment tools within law enforcement (LE) frameworks. LE officers are uniquely positioned to detect …

Filarsky’S Dilemma: Qualified Immunity For Private Actors And Its Potentially Negative Impact On Policing, Timothy Joseph Mondloch

University of Miami Race & Social Justice Law Review

No abstract provided.

A Punishment That Harms Everyone And Benefits No One: An Analysis Of The Use Of Solitary Confinement Under Common Sociological Theories Of Punishment, Allison Lampert

Et Cetera

In the United States, experts estimate that nearly 100,000 incarcerated individuals are held in solitary confinement. While individuals can be held in solitary confinement for a variety of reasons, many are placed in lockdown because they have untreated mental illnesses, have committed some sort of minor disciplinary infraction, are need of protection, or for unpopular personal beliefs. In other words, solitary confinement is used as a broad catch-all to a wide range of low-level and nonviolent misbehaviors. This note argues that solitary confinement is an unjustifiable mode of punishment as analyzed under two commonly cited sociological theories of punishment: retributivism …

The Jerome Project: Titus Kaphar’S Deconstruction Of Incarceration Aesthetics, Anna Edwards

Montserrat Student Scholarship

Titus Kaphar is a multi-media artist from Kalamazoo, MI whose major works include The Jerome Project, From a Tropical Space and Exhibiting Forgiveness. He is also the founder of NXTHVN art center. When searching for his father in prison databases in 2011, Kaphar found 97 other men with the same first and last name sparking this personal and activist multi-media project.

Analyzing Qualitative Data Regarding Correctional Staff, Simone Martin-Howard

Open Educational Resources

This assignment, created by Simone Martin-Howard, Director of the MPA Public Policy and Administration Program and Associate Professor at John Jay College, asks students to analyze transcripts of qualitative interviews with correctional staff (officers and captains) at Rikers Island Jail. Students are guided through the process of first coding the texts of the transcripts, then analyzing the coded transcripts for emergent themes. Students ultimately present their findings in an oral presentation.

Michigan V. Tucker: A Reevaluation Of Miranda, Maine Law Review

Maine Law Review

In Michigan v. Tucker the Supreme Court considered whether to exclude the fruits of an interrogation that did not meet the precautionary standards of Miranda v. Arizona. The defendant contended that use of the evidence at his trial violated his fifth amendment privilege against self-incrimination. In deciding that the evidence had been properly admitted, the Tucker Court interpreted Miranda v. Arizona as outlining recommended procedural safeguards for the protection of fifth amendment rights and reasoned that omission of procedural safeguards does not necessarily constitute a violation of the underlying rights. Specifically, the Court concluded that a suspect who did not …

The Development And Consequences Of The "Good Faith" Exception To The Exclusionary Rule And The Qualified "Good Faith" Immunity From Liability Under Section 1983, Philip M. Coffin Iii, Paul F. Driscoll

Maine Law Review

The remedies fashioned to redress violations of the fourth amendment to the United States Constitution continue to be the subject of much judicial, legislative, and scholarly inquiry. In striking the balance between the need to protect individual freedom and the need to protect society from criminal activity, the Supreme Court and Congress have developed two principal remedies for fourth amendment violations: the exclusionary rule and civil actions under 42 U.S.C. § 1983 or under theories of constitutional tort. on the development of both of these remedies it is assumed that their effectiveness is the true measure of fourth amendment liberties. …

De-Policing: An Updated Empirical Analysis Of Crime And Federal Police Reform, Griffin Edwards, Stephen Rushin

Washington and Lee Law Review

This Article builds on prior work by empirically analyzing the effect of federal intervention in local police departments on crime and clearance rates, using updated data and methodologies.

Congress passed 34 U.S.C. § 12601 (formerly 42 U.S.C. § 14141) in 1994 to give the United States Attorney General the authority to seek equitable relief against local and state law enforcement agencies engaged in patterns or practices of misconduct. Since its passage, the Department of Justice has investigated and intervened into dozens of American police departments, including some of the largest police departments in the country. Federal intervention represents one of …

Independent Justice? U.S. Attorneys As A Case Study Of Political Appointments, Jennifer L. Selin, Lauren Mattioli

University of Michigan Journal of Law Reform

Concerns over presidential use of federal prosecution as a political weapon and the overall independence of the Department of Justice have increased in recent years. While most scholarship exploring the potential for political prosecution has focused on the legal and political forces that influence prosecutorial discretion, few studies have identified the varying ways that federal prosecutors obtain their jobs or how those processes affect who serves as U.S. Attorney. This is a consequential oversight, as U.S. Attorney appointments provide an informative case study of the legal frameworks, historical conventions, and politics that influence presidential appointments more generally.

In this Article, …

Taking Revolution Seriously, Zohra Ahmed

Michigan Law Review

A review of Tip of the Spear: Black Radicalism, Prison Repression, and the Long Attica Revolt. By Orisanmi Burton.

Key Factors That Influence The Successful Implementation And Sustainment Of Dei Within Probation Departments, Natalie Martinez

Master of Public Administration Capstone Papers

The successful implementation and sustainment of Diversity, Equity, and Inclusion (DEI) initiatives within probation departments is essential to create a fair and just criminal justice system. This paper examines the principal elements that impact the implementation and sustainability of DEI practices in probation settings. This research identifies best practices and challenges in integrating DEI principles into organizational structures by analyzing existing literature, case studies, and policy frameworks. The findings highlight the importance of leadership commitment, policy integration, and measurement, as well as an environment that fosters an inclusive culture. Additionally, the study examines barriers such as resistance to change, policy …

Truth, Fiction, And Abolition, Xiao Wang, Samuel Weiss

Michigan Law Review

A review of Chain-Gang All-Stars. By Nana Kwame Adjei-Brenyah.

Pay Transparency Laws Clear As Mud: A Discussion Of And Proposal For The Pay Transparency Legislation In Colorado And New York, Emily Hall

Cardozo Journal of Equal Rights & Social Justice

The note argues that while pay transparency laws in Colorado and New York represent progress, they fall short of achieving true pay equity because they do not require employers to disclose the factors influencing salary ranges. The author advocates for amendments to these laws, including mandatory annual pay audits and the disclosure of factors and their weights used in determining salary ranges, to enhance transparency and fairness in negotiations.

Taking Revolution Seriously, Zohra Ahmed

Faculty Scholarship

Every so often, a prison strike will make national news, as it did in 2014, 2016, and 2018. ¹ The media will focus on the atrocious conditions of confinement; the unchecked violence; the wages numerated in pennies; and the state’s indifference to the strikers’ modest demands for food, medical care, and human contact.

Orisanmi Burton’s² book, Tip of the Spear: Black Radicalism, Prison Repression, and the Long Attica Revolt, urges us to process such reporting with a healthy dose of skepticism. What if prison rebellions were telling us something else, something even more important? What if they were …