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Life Without Parole Is Replacing The Death Penalty -- But For Those Who Don’T Have The Possibility Of Parole, Their Future Is Bleak., Jessica Lerner

Capstones

Across the country, life sentences are increasingly being used to replace the death penalty, according to a recent study by The Sentencing Project. Nearly 162,000 people are serving life sentences – one out of every nine in prison, the study found – and for those like Darrell Powell, who don’t have the possibility of parole, their future is bleak.

https://jlerner.exposure.co/life-without-parole-is-replacing-the-death-penalty?source=share-jlerner

E-Museletter: December 2021, William Taylor Muse Law Library

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The Case For An International Solution To The Restitution Of Cultural Property: Morality, Legality And Righting Western Wrongs, Ariana Catarisano

Brooklyn Journal of International Law

In 2020, the conversation surrounding the return of cultural property acquired during the colonial era was given new life after the world watched as Black Lives Matter activists exposed systemic racial injustice in the United States. Thousands of objects currently sit in western museums under the guise of sharing these cultures and civilizations with the world, but this brings little comfort to communities suffering the genocidal consequences of colonialism. As formerly colonized nations battle the western world for the return of their cultural property, success is often dictated by a combination of power, money, and the ability to turn the …

E-Museletter: November 2021, William Taylor Muse Law Library

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Forum Selection Clauses, Non-Signatories, And Personal Jurisdiction, Robin Effron, John F. Coyle

Faculty Scholarship

No abstract provided.

E-Museletter: October 2021, William Taylor Muse Law Library

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Director's Message

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Fall 2021

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Editors in Chief: Zainab Adejumobi, Tiffany Ward

Graphic Design & Layout: Alexandra Fox

Photography: Syameena Pullai, Ferris Vasko

E-Museletter: September 2021, William Taylor Muse Law Library

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Corpus Linguistics And The Law: Extending The Field From A Statistical Perspective, Stefan Th. Gries

Brooklyn Law Review

During the last 5–10 years, corpus-linguistic applications have slowly become more widespread in matters of legal interpretation; specifically, we see more court cases in which corpus-linguistic data are brought to bear on the (original) ordinary/public meaning of expressions in legal texts (in briefs and judicial opinions), but also more academic research focusing on if/how corpus-linguistic methods can shed light on the plain/ordinary meaning of words in a legal text.While this development is welcome, it also comes with shortcoming/risks, some of which are now hotly debated in recent and forthcoming law review articles. In particular, there is a whole family of …

Big Data And Accuracy In Statutory Interpretation, Brian G. Slocum

Brooklyn Law Review

Scholarship is increasingly devoted to improving the “accuracy” of statutory interpretations, but accuracy is a contingent concept dependent on interpretive perspective. If, for instance, a scholar focuses on the language production of the legislature, she may seek to improve the methodology of statutory interpretation through a more sophisticated understanding of the legislative process. Thus, the scholar may argue that one can assess the reliability of the different types of legislative history by focusing on the actors and processes that produce them. Conversely, a scholar might focus on the language comprehension of some speech community, such as the one comprised of …

What Counts As Data?, Anya Bernstein

Brooklyn Law Review

We live in an age of information. But whether information counts as data depends on the questions we put to it. The same bit of information can constitute important data for some questions, but be irrelevant to others. And even when relevant, the same bit of data can speak to one aspect of our question while having little to say about another. Knowing what counts as data, and what it is data of, makes or breaks a data-driven approach. Yet that need for clarity sometimes gets ignored or assumed away. In this essay, I examine what counts as data in …

Hypothesis Testing Ordinary Meaning, Daniel Keller, Jesse Egbert

Brooklyn Law Review

Corpus linguistic tools promise to make determinations of the ordinary meaning (OM) of a word or phrase in a statute more objective, replicable, and transparent. However, significant questions remain as to how corpora may best be employed in the process of determining OM. In this paper, we argue that objectivity, replicability, and transparency are bolstered when legal practitioners take a hypothesis testing approach to determining ordinary meaning. In this approach, the corpus (a large collection of authentic texts) is treated as a sample of data which the practitioner may use to draw inductive inferences about the meaning of the term …

E-Museletter: August 2021, William Taylor Muse Law Library

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Recreation And Realization: Reported Motivations Of Use Among Persons Who Consume Psychedelics In Non-Clinical Settings, Cindy Brooks Dollar

Qualitative Criminology (QC)

"Psychedelic research is said to be going through a renaissance with widespread public and political attention on psychedelics’ ability to clinically resolve various medicalized issues. The prevailing cultural narrative of psychedelics almost touts it as a panacea when used in regulated, clinical settings under the supervision of a trained guide. While clinical studies are certainly informative, it is important to recognize that most psychedelic use takes place in social settings, not clinical ones. This paper seeks to expand the narrative on psychedelic research by presenting in-depth interview data on a diverse sample of 30 persons who report using psychedelic substances …

Linguicide In The Digital Age: Problems And Possible Solutions, Michael Adelson

Modern Languages Presentations

This project aims to assess the relative success of revitalization efforts for seven languages: Welsh, Scottish Gaelic, Irish, Hopi, Navajo, Breton, and Occitan. The success of linguistic revitalization is determined through comparative analysis of minority languages in the United States, the United Kingdom, Ireland, and France as seen through each country’s history, melting pot experiences, traditions, language protection laws, education system, in addition to the differing levels of diffusion via the Internet. A key point of analysis is the strength of language protection laws in the United States, United Kingdom, Ireland, and France. Language is the most primordial expression of …

Linguicide In The Digital Age: Problems And Possible Solutions, Michael Adelson

French Summer Fellows

This project aims to assess the relative success of revitalization efforts for seven languages: Welsh, Scottish Gaelic, Irish, Hopi, Navajo, Breton, and Occitan. The success of linguistic revitalization is determined through comparative analysis of minority languages in the United States, the United Kingdom, Ireland, and France as seen through each country’s history, melting pot experiences, traditions, language protection laws, education system, in addition to the differing levels of diffusion via the Internet. A key point of analysis is the strength of language protection laws in the United States, United Kingdom, Ireland, and France. Language is the most primordial expression of …

Everyday Aesthetics, Space, And The Sensory: Fear Of Crime And Affect In Inner Sydney, Murray Lee, Jonathan Jackson, Justin R. Ellis

Qualitative Criminology (QC)

"In this paper we explore pre-conscious aesthetic and sensorial aspects of affect in fear of crime. Drawing on data from focus groups undertaken in inner Sydney, Australia, we link the sensory and aesthetic preconditions of fear of crime to its affective, behavioural and cognitive elements. We argue that fear is grounded in the structural, personal and inter-subjective components of individual’s lives and their interaction with physical and social environments, which then influence how individuals cognitively understand their own risks and react behaviourally to these emotional responses. By bringing alive the importance of environmental cues and the cultural and structural positions …

Conducting A Systematic Social Observation Of Body-Camera Footage: Methodological And Practical Insights, Vijay Chillar, Eric Piza, Victoria Sytsma

Qualitative Criminology (QC)

"Increased use of video recording technologies such as drones, smartphones, CCTV, and body-worn cameras (BWCs), provides researchers with modes for observing human behavior in their natural settings. Although not originally intended for empirical inquiry, these data sources facilitate a video data analysis (VDA) framework used in the social sciences. BWCs represent an emerging technology within this framework, and BWC footage provides valuable insight into situational dynamics at play during various social phenomena. When combined with systematic social observation (SSO), researchers are well-equipped to unpack social phenomena in a manner that overcomes many challenges of traditional qualitative methodologies. This article incorporates …

“I’M Doing Everything Right All Over Again”: How Women Manage Exiting Street Prostitution Over Time, Nili Gesser, Corey Shdaimah

Qualitative Criminology (QC)

"Exiting the criminalized sale of sex, which we refer to as prostitution, is a complex, recursive process which has been rarely studied longitudinally. Using typical case sampling, we selected two respondents from a two-year ethnographic study of a courtaffiliated diversion program in Philadelphia who participated in a total of eight interviews. Saldaña’s (2009) seldom-used longitudinal coding method was applied to conduct a fine-grained analysis of participants’ perceptions of exiting prostitution over time, focusing on participants’ motivations and actions. Respondents managed expectations of others and themselves and their sense of self-worth within a context of changing relationships, structural opportunities, accomplishments and …

Richmond Law Magazine: Summer 2021, University Of Richmond

Richmond Law Magazine

Change of Plans

The Lawyer in the Mirror

Commanding Presence

Editor's Introduction To Comments On The Crimcon Controversey, Scott Jacques

Qualitative Criminology (QC)

This piece introduces two comments and a rejoinder on the “CrimCon Controversy.” I learned of the controversy on Twitter, in early January 2021.

The Crimcon Controversy: An Essay Addressing Irb Approval, Informed Consent, And The Interpretation Of Results, Kevin Buckler, Eryn O'Neal

Qualitative Criminology (QC)

"In “COVID-19 and academia: Considering the future of academic conferencing,” Reinhard, Stafford, and Payne (2021) present findings based on an analysis of video and audio-recorded CrimCon presentations. The study’s ethics are questionable. A concern is that the investigators did not seek the informed consent of participants. In this essay, we discuss the federal human subjects regulatory definition of “human subjects,” and explain how it substantiates our concern in light of the facts.1 Key among them is that a coinvestigator, Payne, was also on the board that organized the conference, the Criminology Consortium. As such, he was involved in the development …

A Test Of Leadership: Insight From Two Women From The Founding Crimcon Board, Joan Antunes, Breanna Boppre

Qualitative Criminology (QC)

"We write this commentary as two former members of the founding Criminology Consortium (CrimCon) board. In this essay, we share our gendered experiences with respect to the board’s role in Reinhard, Stafford, and Payne’s (2021) article, “COVID- 19 and academia: Considering the future of academic conferencing.” The paper’s third author, Payne, was on the board with us, and remains on it as we write. We will discuss issues with the study process and conclusions. We wish to share our perspectives on the board to inform future leadership and efforts towards public scholarship within criminology."

Seeing The Vision And Moving Forward: The Future Of The Crimcon Conference From The New Board, Bobbie Ticknor, Jessica Warner, Carlos Rojas, Arelys Madero, Daniel Lytle

Qualitative Criminology (QC)

"The Criminology Consortium (CrimCon) was created during one of the worst international pandemics seen in modern history. A group of innovators keenly perceived the need to create a new way to disseminate knowledge in the field because many of our existing conferences and annual meetings were postponed or cancelled due to the pandemic. There was a major void felt in the field by the cancellation of our traditional face-to-face conferences. There are many advantages to attending and participating in conferences in our field. These annual meetings give academics, researchers, practitioners, and policymakers ways to communicate their research, learn about the …

Equal Injustice For All: High Quality Self-Representation Does Not Ensure A Matter Is “Fairly Heard”, Jona Goldschmidt

Seattle University Law Review Online

Self-represented litigants (SRLs) are generally less successful in court than parties with legal representation. Some access-to-justice programs view self-representation as a skill that can be taught and will lead to more success in case outcomes, but Jona Goldschmidt pushes back against this assumption. Goldschmidt argues that even high functioning, educated, and computer savvy SRLs are at a disadvantage in the courtroom when courts strictly enforce rules and do not offer reasonable accommodations.

In this Article, Goldschmidt evaluates three cases that illustrate expert SRLs’ challenges in the courtroom, and he argues that ridged rule enforcement and failure to accommodate lead to …

Bostock V. Lexmark: Is The Zone-Of-Interests Test A Canon Of Donut Holes?, Joseph S. Diedrich

University of Cincinnati Law Review

No abstract provided.

Improving Mandatory Firearms Training For Law Enforcement: An Autoethnographic Analysis Of Illinois Law Enforcement Training, Casey Lafrance

Qualitative Criminology (QC)

"This study employs autoethnographic analysis of the author’s experiences in a mandatory police firearms training course in the United States. I first review relevant literature on firearms training as well as autoethnographic methodology. Afterward, I present my experiences and analyze them in the context of literature on police use of force, representative bureaucracy, and accountability. Based on this account, I offer suggestions for improving the course by integrating concepts from the literature on officer decision-making, community-police relations, and group dynamics. I conclude by recommending more course time be devoted to the decision to use force, rather than simple firearm proficiency."

Hate Exhaustion, Emotional Support, And Desistance From White Supremacist Groups, April Celeste Gould

Qualitative Criminology (QC)

"This study examines how and why people join, participate in, and leave White supremacist terrorist (WST) groups. In-depth life history interviews and biographic timelines of former White supremacists in the United States and Canada were collected. Findings indicate that former members’ decisions to engage and desist from WST groups are greatly influenced by their experiences of emotional support—or lack thereof. Participants lacked emotional support prior to joining WST and the emotional support they received from group membership was toxic. Participants exited WST because they experienced hate exhaustion and were willing to sacrifice all or most of their emotional support to …

“She Is A Woman, She Is An Unbeliever—You Should Not Meet With Her”: An Ethnographic Account Of Accessing Sala, Kathrine Elmose Jørgensen, Henriette Frees Esholdt

Qualitative Criminology (QC)

"The Salafi-jihadist environment, which seeks to remain closed and clandestine, is extremely hard to access. Moreover, the milieu is gender segregated and hostile towards non-Muslims, even other Muslims who are not considered “real” Muslims. Depending on the researcher’s positionality this can either further complicate or facilitate accessing the milieu. Based on methodological experiences from ethnographic fieldwork (interviews and observations) in Denmark and Sweden, this article aims to unravel how researcher positionality influences different layers of access when investigating Salafi-jihadist environments. Acknowledging that gaining access is a continuous process throughout the entire research process, we specifically explore how our positions as …

Children Have Rights, Too: How The Thirteenth Amendment Can Protect America's Abused Youth, Francesca Lauta

Undergraduate Honors Theses

Three million children are abused every year in the United States. Although there are some safeguards, such as foster care and state child abuse laws, the number of abused children has not dwindled. How should the federal government respond? This article argues that the Thirteenth Amendment can be interpreted to protect abused children. It is widely accepted that the Thirteenth Amendment’s sole purpose is to abolish Black slavery, therefore rendering it useless in the modern legal climate. Nothing in the wording or context of the Amendment, however, suggests that it is limited to Black slavery. Interpreting the Amendment to encompass …