Legal Studies Commons^™

Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk

Northwestern Journal of Law & Social Policy

Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …

Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson

Northwestern Journal of Law & Social Policy

This Article examines the constitutionality of statutes which allow courts to transfer outstanding legal financial obligations to private debt collection agencies. In Washington State, the clerk of courts can transfer the legal financial obligation of a formerly incarcerated person if he or she is only thirty days late making a payment. Upon transfer, the debt collection agencies can assess a “collection fee” of up to 50% of the first $100.000 of the unpaid legal financial obligation, and up to 35% of the unpaid debt over $100,000. This fee becomes part of the LFO debt imposed at sentencing, and like that …

Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence

Dickinson Law Review (2017-Present)

No abstract provided.

State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?, Lars Noah

Dickinson Law Review (2017-Present)

In order to prevent further overuse of prescription opioids, states have adopted a variety of strategies. This article summarizes the growing use of prescription drug monitoring programs, crackdowns on “pill mills,” prohibitions on the use of particularly hazardous opioids, limitations on the duration and dosage of prescribed opioids, excise taxes, physician education and patient disclosure requirements, public awareness campaigns, and drug take-back programs. Although occasionally challenged on constitutional grounds, including claims of federal preemption under the Supremacy Clause, discrimination against out-of-state businesses under the dormant Commerce Clause doctrine, and interference with rights of commercial free speech, this article evaluates the …

Across Racial Lines: Three Accounts Of Transforming Urban Institutions After A Natural Disaster, James Carter, Nolan Rollins, Gregory Rusovich

New England Journal of Public Policy

At 1:30 p.m. on August 29, 2005, Hurricane Katrina grazed the mostly evacuated city of New Orleans, reserving its most devastating force for coastal Mississippi, just to the east. During the next two days, the federal levees protecting the city failed in multiple places. Sixteen hundred people died in the metropolitan area. Residences and businesses in 80 percent of the city went underwater. Public officials warned residents and business owners that they might not be able to return for two to three months. The scope of devastation in certain parts of the city made ever returning questionable for many residents. …

Rising From Katrina’S Ashes But Still In Crisis: Public Defense In New Orleans, Derwyn Bunton

New England Journal of Public Policy

New Orleans’ nickname “Big Easy” was based on the “anything goes” perception of the city. Feeding this perception was a sense of lawlessness, that New Orleans was a place where the rules changed depending on who you were and who you knew. So when Hurricane Katrina hit the city in August 2005 and tossed everything around—flooding mansions and missions, damaging the Superdome and supermarkets—the storm challenged old perceptions and presented unique challenges. Katrina made at least one thing clear: New Orleans could no longer wait for change, pretend nothing happened, or look back. The city’s survival depended on its ability …

Reconnecting The Broken Post-Katrina New Orleans Criminal Justice System, Graymond Martin

New England Journal of Public Policy

When Hurricane Katrina struck New Orleans and the levees protecting the city gave way in August 2005, an already struggling and weakened criminal justice system collapsed in spectacular fashion.

Damage within New Orleans extended far beyond the loss of physical infrastructure. The city’s population was depleted by more than half. For those who remained or returned within the first year, spirits were crushed, uncertainty abounded, and the hard work of restoration was riddled by anxiety, conflict, opportunism, and battles for precious resources.

Longtime judge Leon Cannizzaro Jr., appalled at the near-complete dysfunction of the local criminal justice system, entered and …

The New Orleans Criminal Legal System: A Flowing River, William C. Snowden

New England Journal of Public Policy

Ask anyone from New Orleans and they will tell you the city has not been the same since the storm. Although the city has persevered through many storms and hurricanes in its three-hundred-year history, this particular storm—Hurricane Katrina—is notorious for the transformation it brought to New Orleans in the years that followed.

The makeup, culture, and rhythm of New Orleans have changed, but so too have the various systems that give the city its tempo—particularly the criminal legal system. Hurricane Katrina was a disaster that revealed deficiencies, abnormalities, and injustices in the New Orleans criminal legal system. Some responses to …

Community Demand For Change And Accountability: A History Of Court Watch Nola, New Orleans’ Community Courtwatching Program, Simone Levine

New England Journal of Public Policy

The criminal justice system, like any other system, is run by insiders: prosecutors, judges, deputy sheriffs, police, clerks, private defense, and public defenders. But system outsiders—victims, witnesses, criminal defendants, and the community in general—have the power to demand respect from that same system and to demand that the system work for them. System insiders have no monopoly on the knowledge and the power to shape the criminal justice system.

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Publications and Research

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …

Place Network Investigations In Las Vegas, Nevada: Program Review And Process Evaluation, Tamara D. Herold, Robin S. Engel, Nicholas Corsaro, Stacey L. Clouse

Criminal Justice Faculty Research

The gang and gun violence reduction project implemented in Las Vegas consisted of three components: hot spots deployment, focused deterrence, and place network investigations. This report focuses on a program review and process evaluation of the PNI initiative.

Investigations Of Fraud, Waste, Abuse, And Corruption In The Public Sector: A Survey Of Organizational And Software-Based Aids And Obstructions, Lawrence Kom

Dissertations, Theses, and Capstone Projects

Fraud, Waste, Abuse, and Corruption present significant challenges to the efficient use of public resources and stifle government service improvement by detracting from policy development and undercutting funding for important initiatives. The purpose of this study is to better understand the aids and impediments to investigations of these offenses and provide a generalizable definition for the mission of Inspectors General, the group tasked with monitoring and addressing these offenses. This study also sought to identify the material role of software in investigations of Fraud, Waste, Abuse, and Corruption. Through a purposive sampling, 18 Inspectors General from the federal, state, and …

Social Learning Theory And Digital Piracy: Explaining Uploading Behaviors Of Digital Pirates, Cydney J. Lowenstein

Theses and Dissertations

Digital piracy has received significant attention in criminological research but almost no studies have explored illegal uploading and how it may differ from illegal downloading. It is important to examine what theories can explain illegal uploading behaviors and their related factors to develop more effective policies to address digital piracy. This dissertation examined whether Akers’ (1998) social learning theory could explain engagement in digital piracy, both illegal downloading and uploading behavior. Additionally, this research examined the relationship between reciprocity and digital piracy. Questionnaires were administered to 398 university students and 315 visitors to several online communities using a combination of …

Battle Of The Sexes: A History Of Social Change And A Solution For Maintaining A Child’S Best Interest In Light Of The #Metoo Movement, Jackie Calvert

Indiana Journal of Law and Social Equality

No abstract provided.

Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?

Northwestern Journal of Law & Social Policy

No abstract provided.

Right To Counsel: Improving Access To Justice In Us Indigent Defense Systems, Travis Hartman

Capstone Showcase

The Sixth Amendment guarantees the right to counsel for indigent defendants. Even though a constitutional right, indigent defense in the US suffers from significant problems. While scholars have attempted to provide solutions to the problems, a question persists, How are Indigent Defense Systems impacting how Access to Justice is being provided in the United States? To answer this question, a structured, focused comparison method was utilized to evaluate US indigent defense systems. Case studies were chosen based upon the delivery and majority of funding for indigent defense coming from counties. Right to counsel for Access to Justice was defined by …

From The Legal Literature: The Threat And Promise Of Police Use Of Dna Databases, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Automating Police, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Disentangling Prison And Punishment, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: If The Fetus Is A Person—Is It Relevant? An Argument On The Rights Of Pregnant Women, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor

Theses and Dissertations--Political Science

This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …

Leveraging Data To Reduce Gun Violence: The Cincinnati Experience, Matthew G. Hammer, Tamara D. Herold

Criminal Justice Faculty Research

The year 2020 has amplified demands for more equitable policing, more efficient government, and greater transparency. As police leaders around the world attempt to maintain order and safety during a period of large-scale civil unrest, they must also address criticisms that existing law enforcement practices include biased interventions and reinforce systemic racism. Many law enforcement agencies are also responding to increasing numbers of serious crimes that disproportionately affect society’s most vulnerable communities, while simultaneously facing calls to “defund the police” fueled by accusations that challenge the legitimacy of their policing tactics. The strategies used by agencies to manage protests and …

Crime Place Networks In Las Vegas: A New Violence Reduction Strategy, Tamara D. Herold

Criminal Justice Faculty Research

In 2017, the Las Vegas, Nevada, Metropolitan Police Department (LVMPD) adopted a series of interventions designed to reduce gang and gun violence across Las Vegas. In partnership with the International Association of Chiefs of Police/University of Cincinnati (IACP/UC) Center for Police Research and Policy and with evaluation funding provided by the Laura and John Arnold Foundation, the LVMPD implemented three violence reduction strategies: (1) focused deterrence (offender notification session); (2) hot spot patrols; and (3) place network investigations (PNI), also known as place-based investigations of violent offender territories (PIVOT), which is the focus here.

Implementing Gang & Gun Violence Reduction Strategies In Las Vegas, Nevada: Hot Spots Evaluation Results, Nicholas Corsaro, Robin S. Engel, Tamara D. Herold, Murat Yildirim

Criminal Justice Faculty Research

The gang and gun violence reduction project implemented in Las Vegas consisted of three components: hot spots deployment, focused deterrence, and place network investigations. This report focuses on the development, implementation, and evaluation of the hot spots strategy.

Money Laundering In The Commercial Sex Market In The United States, Youngbee Dale

Dignity: A Journal of Analysis of Exploitation and Violence

This paper describes money laundering techniques used by different criminal organizations operating in the U.S. sex market. Prior to this study, scholars have not investigated money laundering techniques used in the U.S. sex market in a comprehensive manner. This paper describes and categorizes methods used for money laundering. It discusses the similarities and differences in money laundering techniques in the U.S. sex markets. Current challenges to combating money laundering are reviewed and recommendations are made to strengthen the ongoing fight against money laundering in the U.S. sex markets.

Awareness Of Sex Offender Registration Policies And Self-Reported Sexual Offending In A Community Sample Of Adolescents, Cynthia J. Najdowski, Hayley M. D. Cleary

Psychology Faculty Scholarship

Sex offender registration laws are widely implemented, increasingly restrictive, and intended to serve both specific and general deterrent functions. Most states have some form of policy mechanism to place adolescents on sex offender registries, yet it remains unclear whether adolescents possess the requisite policy awareness to be deterred from sexual offending. This study examined awareness of sex offender registration as a potential sanction and its cross-sectional association with engagement in several registrable sexual behaviors (sexting, indecent exposure, sexual solicitation, and forcible touching) in a community sample of 144 adolescents. Results revealed that many adolescents were unaware that these behaviors could …

Boomers And Fraudsters: A Closer Look At The Financial Elder Abuse Cycle In America, Ryan E. Brown

Marriott Student Review

In 2011, a landmark study was published by the Metlife Mature Market Institute claiming that nearly $3 billion disappears from the wallets and bank accounts of senior citizens annually. More surprising is that a similar study reported that figure could be as high as $36 billion. Because so many seniors let incidents of fraud or financial deceit go unreported, there is a huge discrepancy in annual reporting. This contributes to the overall lack of understanding we have of elder financial abuse, or why seniors continue to lose to fraudsters and scam artists. In a brief overview of financial elder abuse …

Evaluating The Effectiveness Of Ohio's Certificate Of Relief, Peter Leasure

Theses and Dissertations

Employment has been cited as a factor that can aid one's desistance from criminal activity. However, research has consistently demonstrated that those with criminal history face significant barriers to securing employment. In recognition of this problem, most states have implemented various rights restoration mechanisms aimed to increase employment opportunities for ex-offenders. One of these mechanisms, the certificate of relief, aims to aid ex-offenders in their job search by ensuring employers that certificate holders are not a safety risk, providing employers with negligent hiring immunity, and removing occupational licensing bans. A handful of studies have examined whether this mechanism improved hiring …

Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans

Dignity: A Journal of Analysis of Exploitation and Violence

George Soros and Open Society Foundation are supporting the decriminalization of prostitution by funding organizations around the world to advocate for this legal change. Heather Brunskell-Evans (FiLiA podcasts, London) interviews Jody Raphael, Senior Research Fellow, Schiller DuCanto & Fleck Law Center, DePaul University College of Law, Chicago, Illinois, USA, about her research on this topic and discusses her article "Decriminalization of Prostitution: The Soros Effect."

Understanding Trauma And Victimization In Women's Incarceration: California's Treatment Response, Marissa Tuttle-Roache

Social Sciences

The purpose of this review is to provide an exploration of past research on women's pathways to incarceration, specifically discussing how this problem affects California women. Using research from various case studies, both quantitative and qualitative, this review examines the correlation between life experiences and incarceration for women. California laws and policies that mitigate the impact incarceration has historically had on women will be discussed. This research provides a better understanding of the treatment needs of incarcerated women and the programs that could provide them with some positive resources to succeed post incarceration and avoid recidivism.