Other Law Commons^™

Lessons Learned From An Undergraduate Criminal Justice Internship: The Student Experience, Nancy Blank, Robin S. Goldberg-Glen, Lori Simons, Nicole Scharfetter, Denna Grande

Qualitative Criminology (QC)

"Internships play a crucial role in the educational and professional training of students. This article presents a qualitative evaluation of the benefits and challenges of an undergraduate internship through an examination of self-reflective journals completed by 20 seniors majoring in criminal justice. Findings were organized into five major themes: knowledge acquisition, professional development, personal development, affective development, and awareness of the realities of the criminal justice system. The most frequently cited benefits included increased learning, the ability to apply coursework to the internship experience, and improved career readiness. Challenges included exposure to field experiences that led to feeling sad and …

Criminology And Criminal Justice Researchers’ Experiences And Challenges With Institutional Review Boards, Elaine Gunnison, Jacqueline B. Helfgott

Qualitative Criminology (QC)

"Conducting research in criminology and criminal justice settings brings unique challenges involving human subjects. Prior research has examined the quality and effectiveness of Institutional Review Boards (IRB). However, research on the experiences of criminology and criminal justice researchers when interfacing with their IRBs is scant. This study seeks to fill this gap through the exploration of experiences criminology and criminal justice researchers have had with IRBs. Focus groups were conducted with 13 researchers who were members of the Academy of Criminal Justice Sciences and the American Society of Criminology. Results revealed that participants experienced challenges centering around specific themes …

Information Trolls And Democracy: A Qualitative Examination Of Disinformation Campaigns In Canada, Rachelle Louden, Richard Frank

Qualitative Criminology (QC)

"This research explores disinformation delivered during the 2019 Canadian Federal election. This study explores the methods and techniques used by the perpetrators of disinformation campaigns in the context of Canadian elections. This research also examines whether the disinformation discovered during the election falls within criminal foreign interference. Critical discourse analysis is used to qualitatively analyze 26 articles published by a Northeastern U.S. based independent news website within the ten months leading up to the election. This research finds that the use of unnamed sources, hyperbolic statements to misrepresent facts, and strategies to de-legitimize reputable institutions were the most common tools …

The Making Of (Un)Certainty In Knowledge Production: Rhetoric At Play In A Heritability Controversy, Angelica Camacho, Dominique Robert

Qualitative Criminology (QC)

"(Un)certainty is not an inherent quality of a scientific assertion. It is rather the product of negotiations and collective work performed amidst noisy or quiet scientific debates. Using a controversy on heritability of crime-related behaviors as a case study, this paper proposes an analysis of the rhetoric at play to produce (un)certainty in publications presenting competing arguments. The controversy under study is at the heart of the legitimization of biosocial criminology, a contested field of study. The research shows that on the discursive front, three main strategies are used to modalize the (un)certainty of scientific claims over that of competing …

New York Falling Behind In Implementing Bold Climate Law, Michael B. Gerrard

Faculty Scholarship

In July 2019, shortly after Gov. Andrew Cuomo signed the Climate Leadership and Community Protection Act (CLCPA), I wrote in an op-ed, “The champagne corks are still popping. But the realization is dawning that implementing the new law will be really, really hard. New York is boldly going where no state has gone before … It will take a great deal of sweat and treasure (no one knows just how much), as well as a continuation of the political will that brought us to this point.”

We still do not know how much sweat and treasure will be required, but …

Transcription Of 2023 Texas A&M Law Review Symposium: "More Than Sports: What Comes After Nil?", Jeffrey Kessler

Texas A&M Law Review

This transcription presents Jeffrey Kessler's keynote speech at the 2023 Texas A&M Law Review Symposium on NCAA v. Alston and the future ahead.

False Start On Nil: Public And Private Law Should Treat College Athletes Like Any Other Student, Jodi Balsam

Texas A&M Law Review

For most of its regulatory existence, the National Collegiate Athletic Association (“NCAA”) has preached the importance of integrating intercollegiate athletics into the campus culture and educational mission, insisting that athletes be an integral part of the student body. A core element of this creed was the amateurism principle—college athletes must not be paid or professionalized. To preserve and enforce the amateurism principle, the NCAA and its divisions promulgated a vast and complex regulatory scheme that paradoxically resulted in segregating, rather than integrating, athletes into campus life. While nonathlete students enjoy increasing autonomy to pursue expressive and economic activity, athletes are …

New Amateurism, Michael Mccann

Texas A&M Law Review

This Article proposes a new model for the legal and economic relationship between college athletes and their schools. The National Collegiate Athletic Association and its member conferences and schools are besieged with legal challenges over rules that restrain the capacity of athletes to earn compensation for their athletic labor and the commercial value of their identities. The legal challenges are extensive and scrutinize membership rules under labor, employment, and antitrust laws. The days of “amateurism” and the “student-athlete” enjoying judicial and administrative deference are over. For college sports to maintain a character distinct from professional leagues, university athletic programs that …

Off The Guardrails: Opportunities And Caveats For Name Image Likeness And The [Student] Athlete Influencer, Maureen Weston

Texas A&M Law Review

The landscape of college athletics is undergoing a seismic shift with the advent of Name, Image, and Likeness (“NIL”) opportunities for student-athletes. In Off the Guardrails: Opportunities and Caveats for Name Image Likeness and the [Student] Athlete Influencer, Professor Maureen A. Weston examines the evolving terrain, tracing the journey from the National Collegiate Athletic Association’s (“NCAA’s”) rigid amateurism policies to the current era of NIL legislation and its implications. This Article navigates the complex intersection of athlete empowerment, entrepreneurial ventures, and regulatory challenges, shedding light on the multifaceted opportunities and risks for athletes in the burgeoning NIL market.

Delving …

College Athlete Unionization, Roberto Corrada

Texas A&M Law Review

The U.S. Supreme Court’s landmark 2021 decision in NCAA v. Alston has opened the door to serious consideration of the potential for college athlete unionization and collective bargaining. The ruling, highlighted by Justice Kavanaugh’s concurring opinion, suggests collective bargaining as a potential solution to the National Collegiate Athletic Association’s (“NCAA’s”) antitrust vulnerabilities. This Article delves into the initial legal and strategic questions surrounding the prospect of unionization, focusing particularly on NCAA Division I football and basketball, due to their significant revenue generation making them prime candidates for unionization efforts.

The National Labor Relations Board (“NLRB” or “Board”) is positioned to …

The Nil Paradox: How Unfettered Nil Rights Will Shrink Student-Athlete Opportunities, Gary Way

Texas A&M Law Review

In 2019, California passed the Fair Pay to Play Act which granted student-athletes (“SAs”) attending institutions within the state the right to monetize the use of their name, image, and likeness (“NIL”). That enactment ushered in the most transformative change in college sports since the National Collegiate Athletic Association’s (“NCAA”) decision over 50 years ago to allow freshman eligibility to play varsity football. The California law, coupled with the subsequent Supreme Court decision in NCAA v. Alston, which held that the NCAA’s limitations on education-related SA benefits constituted an unlawful restraint of trade under the Sherman Act, unleashed a …

An Antitrust Analysis Of The Ncaa Transfer Policy, Michael Carrier, Marc Edelman

Texas A&M Law Review

The National Collegiate Athletic Association (“NCAA”) is no stranger to antitrust law. As a trade association composed of nearly all U.S. colleges offering competitive sports, its rules are regularly challenged under antitrust law. In the past 40 years, the NCAA has faced challenges to rules limiting televised game broadcasts, curtailing assistant coaches’ pay, and restraining players’ compensation, among other issues. Restraints on college athlete transfers also could subject the Association to reasonable legal scrutiny.

Restrictions on the ability to transfer can harm athletes by preventing their immediate eligibility even though transferring could allow them to be closer to family, enroll …

Good Lawyers, Good Sports?: The Professional Identity Of Sports Lawyers Representing Not-For-Profit Entities, Bruce Green

Texas A&M Law Review

ABA accreditation standards require law schools to develop students’ professional identity, including by encouraging “an intentional exploration of” the legal profession’s “values [and] guiding principles.” This Essay invites legal academia as well as practitioners to explore issues of legal ethics, professionalism, and, especially, professional identity in the context of a new area of legal practice: sports lawyers’ representation of “NIL collectives,” which are not-forprofit entities that college boosters establish to enable college athletes to benefit financially from their name, image and likeness (“NIL”). The work of sports lawyers advising NIL collectives offers an interesting case study for considering how professional …

The Law Of General Average, Luca Anderlini, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Part of a ship's cargo is jettisoned in order to save the vessel and the remaining cargo from imminent peril. How should the loss be shared among the cargo owners? The law of general average, an ancient principle of maritime law, prescribes that the owners share the loss proportionally according to the respective values of their cargo. We analyze whether the law of general average is a truthful and efficient mechanism. That is, we investigate whether it induces truthful reporting of cargo values and yields a Pareto efficient allocation in equilibrium. We show that the law of general average is …

Consulting To Avoid Kessler, Madison Walker

Space and Defense

The consultation obligation of Article IX from the Outer Space Treaty may be used to create a framework for sharing space situational awareness data, globally, with the intention of facilitating enduring coordination agreements for collision avoidance.

All Stalk And No Action: A Proposal For Arkansas Gps Stalking Legislation, Erin Wadley

Arkansas Law Notes

The expanding availability of GPS and internet of things (IoT) devices has equipped abusers with more tools to intensify and broaden the scope of domestic abuse tactics, “threatening the progress advocates have made in the past thirty years and creating novel dangers for survivors.” These devices “allow abusers to overcome geographic and spatial boundaries that would have otherwise prevented them from monitoring, controlling, harassing, and threatening survivors.” Thus, this Comment strongly urges the Arkansas State Legislature to enact a law to protect victims, provide justice, and preventatively deter the tracking of private citizens through GPS tracking while being broad enough …

Recent Developments, Bethany A. Michau

Arkansas Law Review

Recent Developments in Arkansas Law

Fast Forward: The Changing Landscape Of Sports Media, Jeffrey S. Moorad Sports Law Journal Symposium

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Summer 2024: Breaking Ground

The Weldon Times

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

Co-Editors in Chief: Faith Thomson, Kimberly Gilson

Authorship In The Age Of Algorithms: Adapting Copyright Law For Ai-Generated Content, Sydney Thomas

Journal of Nonprofit Innovation

In the age of Artificial Intelligence (AI), the relationship between technological advancement and legal protection for human creators has become increasingly critical. From Stephen Hawking's admonition of the potential risks of unregulated AI to Sam Altman's advocacy for proactive regulation, this paper navigates the evolving landscape of AI innovation and copyright law. By examining the challenges posed by AI-generated content, including issues of intellectual property infringement and privacy concerns, it highlights the need for adaptive legal frameworks. Strategic enhancements to copyright law must be developed, such as bolstering fair use doctrine and expanding creator rights, to ensure the protection of …

Rewriting History: Copyright, Free Speech, And Reimagining Classic Works, Cathay Y. N. Smith

Villanova Law Review (1956 - )

No abstract provided.

"You're Going To Make A Hell Of A Corrections Man Someday": Work Experiences Of Female Wardens And Superintendents, Karen A. Altendorf

Qualitative Criminology (QC)

"This project describes the experiences of female wardens and superintendents in state correctional facilities in the United States. There has been little research on women in leadership positions in corrections; most research has focused on females working in non-traditional occupations or as corrections officers. This project describes how women negotiate gender in a masculine organizational culture where they are not always welcome. In-depth interviews were conducted with twenty-nine wardens and superintendents from thirteen states. The subjects discussed various issues women working in corrections face, from appearance to interacting with inmates and coworkers, being under near-constant scrutiny as women, and being …

A Thematic Analysis Of Parenting Experiences Of Women In Prison, Pious Maedzenge, Dawn Beichner-Thomas

Qualitative Criminology (QC)

Although there is growing literature examining system-involved mothers, little is known about their parenting experiences and coping mechanisms. Using Braun and colleagues’ (2006; 2022) reflexive thematic analysis approach, this qualitative study examines the parenting experiences of forty-four mothers incarcerated in a Midwestern correctional center. The data were gathered from interviews with incarcerated mothers and included accounts of the women’s experiences before and during their incarceration. The narratives illustrate how background experiences (i.e., sexual and physical abuse, drug dependency, and childhood experiences) shape women’s experiences of mothering, perceptions of the effects of incarceration on their children, and reentry plans. Results from …

"Data Can Be Manipulated": How Prosecutors' Attitudes Toward Racial Disparities And Data-Informed Decision-Making Diverge, Maria Arndt, Rachel Silverthorn

Qualitative Criminology (QC)

"Research examining prosecutorial decision-making has grown considerably in recent years. Much of this research is focused on assessing unwarranted disparities in case processing outcomes using administrative case data. Comparatively few studies analyze prosecutors' perceptions using qualitative sources. Additionally, little is known about how prosecutors view their role in reducing racial disparities or how they can use data as a decisionmaking aid despite recent innovations in prosecutorial data collection capacity. The current study addresses this dearth of scholarship by analyzing interview data from two midsized Florida State Attorney’s Offices conducted in 2018. Results suggest two main groups of prosecutors: data-positive and …

"They Say Where There’S Smoke, There's Fire; But Sometimes It's A Self-Induced Fire": Understanding Claims Of Unequal Treatment Among Mexican-American Officers In The Los Angeles Police Department, Roberto Gallardo

Qualitative Criminology (QC)

"Serving as an ethnographic case study and utilizing qualitative interviews, this study focuses on Mexican-American police officers and their perceptions of claims of unequal treatment based on race/ethnicity from other officers. The study finds that officers ideologically stand firmly against racism and discrimination. When non-overt claims of unequal treatment based on race/ethnicity are encountered, officers develop negative perceptions of claiming officers. Officers revert to individualized, merit-based, and other colorblind justifications to interpret and dismiss the claims. It is argued that given the lack of the overt nature of most claims today, facilitated by the most common occupational context in which …

You In Or Out?: Reflecting On Positionality In Gang Research, Sou Lee, John Leverso

Qualitative Criminology (QC)

"Positionality is an important consideration when carrying out research. An effective tool for understanding this process is reflexivity—a continual dialogue that explores the interplay between our identities and how data is collected, analyzed, and interpreted. These reflexive accounts have been used in various disciplines, including criminal justice and criminology. In advancing this important practice, we offer insight into our experiences studying a hard-to-reach population: gangs. Specifically, we document how our insider and outsider identities, as well as the space between facilitated access, were used strategically and informed our interpretations of data. We conclude by encouraging reflexivity within criminology broadly and …

Toxic Love: Mandating Standards In Arkansas’S Domestic Violence Laws, Alia B. Reddell

Arkansas Law Review

This Comment addresses the current scheme of domestic violence statutes, highlighting the inadequate state of domestic violence remedies and the ineffective law enforcement guidelines currently in place; it argues that the Arkansas State Legislature is in need of reforming its domestic violence policies. This recommendation is three-fold and proposes that Arkansas should abandon its current discretionary regime and adopt: (1) mandatory arrest policies; (2) statutory post-arrest procedures; and (3) mandatory prosecutorial policies to effectively protect domestic violence survivors. Part I will discuss the various types of domestic violence arrest statutes. Further, this Part will briefly highlight the significance of an …

The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Ethics In Law And The Effects On Mental Health: An Interview Study, Kaitlyn Nyffeler

Theses/Capstones/Creative Projects

On August 2, 1983, The American Bar Association Model Rules of Professional Conduct were adopted by the House of Delegates. This set of rules provides legal professionals with the guidance needed to uphold the rule of law and to preserve justice. In this set of rules, lawyers learn the duties of confidentiality, client relations, diligence, and the overall conduct owed to the courts. Furthermore, these duties can be demanding and oftentimes challenging. Therefore, this study examined the different ethical rules as they apply to lawyers and how these demands can impact their mental health. Interviews were conducted with six lawyers …

Thai Drug Offenses And Narcotic Charges: Tracing Thailand’S Drug Control And Capital Punishment History, Jonathan Hasson, Carolyn Hoyle

Brooklyn Journal of International Law

The Article examines Thailand's political economy of drugs and use of sanctions, including capital punishment, using a historical approach. It traces Thailand's nation building and emergence as a global hub for illicit drugs against the backdrop of European and US interventions since the colonial era. The Article reveals how Western concepts and discourses were appropriated by Thai elites to advance local agendas while suppressing democratic movements. The Article explores how the drug trade became entangled with government corruption, militarization, and extrajudicial state violence which often targeted ethnic minorities. In light of recent cannabis policy changes, the Article considers the historical …