Coastal Carolina University
University of Florida Levin College of Law
Washington University in St. Louis
University of Alabama School of Law
CUNY John Jay College
Golden Gate University School of Law
Columbia Law School
Notre Dame Law School
When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review),
2023
St. Mary's University School of Law
When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review), Stacy Fowler
Faculty Articles
In When Machines Can Be Judge, Jury, and Executioner, former federal judge Katherine Forrest raises concerns over the pervasive use of artificial intelligence (AI) in the American justice system to produce risks and need assessments (RNA) regarding the probability of recidivism for citizens charged with a crime. Forrest’s argument centers on AI’s primary focus on utilitarian outcomes when assessing liberty for individual citizens. This approach leads Forrest to the conclusion that in its current form, AI is “ill-suited to the criminal justice context.” Forrest contends that AI should instead be programmed to focus on John Rawl’ 'concept of justice as …
Liability Of Third Parties In Compulsory Implementation: A Comparative Study,
2023
university of Mosul
Liability Of Third Parties In Compulsory Implementation: A Comparative Study, Dr. Yasser Bassem Al-Sabawi
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The creditor's right to initiate compulsory enforcement procedures, in legal terms, entails an integrated executive association in terms of its elements, namely, the person, the subject and the reason, which constitutes the theory of implementation in general. Since implementation theory consists of three basic elements, implementation people, the reason for implementation, and the place of implementation. The subject of the research will be limited to the implementation persons, not all the people involved in the process of forced implementation. But only to third parties.
Since direct enforcement procedures require the intervention of several persons in the executive association, in order …
Stories That Kill: Masculinity And Capital Prosecutors' Closing Arguments,
2023
Mercer University
School of Law
Stories That Kill: Masculinity And Capital Prosecutors' Closing Arguments, Pamela A. Wilkins
Cleveland State Law Review
The American death penalty is a punishment by, for, and about men: Both historically and today, most capital prosecutors are men, most capital defendants are men, and killing itself is strongly coded male. Yet despite—or perhaps because of—the overwhelming maleness of the institution of capital punishment, the subject of masculinity is largely absent from legal discourse about the death penalty. This Article addresses that gap in the legal discourse by applying the insights of masculinities theory, an offshoot of feminist theory, to capital prosecutors’ closing arguments. This Article hypothesizes that capital prosecutors’ masculinity is strongly influenced both by white Southern …
The New Dread, Part Ii: The Judicial Overthrow Of The Reasonableness Standard In Police Shooting,
2023
Texas Southern University Thurgood Marshall School of Law
The New Dread, Part Ii: The Judicial Overthrow Of The Reasonableness Standard In Police Shooting, Kindaka J. Sanders
Cleveland State Law Review
This Article series argues that the Supreme Court’s jurisprudence on excessive force from Graham v. Connor to the present has undermined the objectivity of the reasonableness standard. In its place, the Court has erected a standard that reflects modern conservative political ideology, including race conservatism, law and order, increased police discretion, and the deconstruction of the Warren Court’s expansion of civil rights and civil liberties. Indeed, the Court, dominated by law-and-order conservatives, is one of the greatest triumphs of conservatism. Modern conservatism developed as a backlash against various social movements like the Civil Rights Movement and spontaneous urban rebellions during …
Taking The Gavel Away From The Executive Branch: The Indeterminate Sentencing Scheme Under S.B. 201 Is Ripe For Review And Unconstitutional,
2023
Cleveland State University College of Law
Taking The Gavel Away From The Executive Branch: The Indeterminate Sentencing Scheme Under S.B. 201 Is Ripe For Review And Unconstitutional, Jessica Crtalic
Cleveland State Law Review
In 2019, Senate Bill 201, also known as the Reagan Tokes Act, reintroduced an indeterminate sentencing scheme in Ohio whereby sentences are assigned in the form of a range. Under this sentencing scheme, the Ohio Department of Rehabilitation and Correction, through the parole board, has discretion to retain an inmate past the presumptive release date. This fails to afford the accused their guaranteed right to a jury trial, improperly places judiciary power in the hands of the executive branch, and scrutinizes the violation of due process such that the defendant is being denied a fair hearing and notice. Not only …
In Pursuit Of A Modern Standard: The Constitutional Proportions Of Collateral Harm From Pursuits And Police High-Speed Driving,
2023
Cleveland State University College of Law
In Pursuit Of A Modern Standard: The Constitutional Proportions Of Collateral Harm From Pursuits And Police High-Speed Driving, Julian Gilbert
Cleveland State Law Review
Police chases and high-speed driving are common practices that pose a substantial amount of harm and are often unjustified. The benefits of such chases are questionable, and rapid police action at all costs is often unnecessary. When bystanders are injured as a result of police high-speed driving, there are few avenues to have their rights vindicated, and federal court cases require plaintiffs to meet an almost impossible burden. However, under the United States Supreme Court case of County of Sacramento v. Lewis, a plaintiff can put forth evidence that their substantive due process right to life under the Fourteenth …
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas,
2023
Villanova University Charles Widger School of Law
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams
Villanova Environmental Law Journal
No abstract provided.
The Impact Of The Covid-19 Pandemic On The Care And Treatment Of Pregnant, Birthing, And Postpartum People In Prisons In The United States,
2023
University of St. Thomas, Minnesota
The Impact Of The Covid-19 Pandemic On The Care And Treatment Of Pregnant, Birthing, And Postpartum People In Prisons In The United States, Amanda Corbett, Ingie Osman, Alexus Roane, Allison D. Crawford, Anne Siegler, Rebecca Shlafer
University of St. Thomas Law Journal
No abstract provided.
Wholesale-Level Clemency: Reconciling The Pardon And Take Care Clauses,
2023
University of St. Thomas, Minnesota
Wholesale-Level Clemency: Reconciling The Pardon And Take Care Clauses, Paul J. Larkin
University of St. Thomas Law Journal
No abstract provided.
The Prerogative Of Mercy In Minnesota: Current Clemency Process And Recent Trends,
2023
University of St. Thomas, Minnesota
The Prerogative Of Mercy In Minnesota: Current Clemency Process And Recent Trends, Karl C. Procaccini
University of St. Thomas Law Journal
No abstract provided.
Redeemed,
2023
University of St. Thomas, Minnesota
Clemency: Redeeming The Soul Of America,
2023
University of St. Thomas, Minnesota
Clemency: Redeeming The Soul Of America, Cynthia W. Roseberry
University of St. Thomas Law Journal
No abstract provided.
An Introduction To Clemency's Importance,
2023
University of St. Thomas
An Introduction To Clemency's Importance, Mark Osler
University of St. Thomas Law Journal
No abstract provided.
The Tesla Meets The Fourth Amendment,
2023
Brigham Young University Law School
The Tesla Meets The Fourth Amendment, Adam M. Gershowitz
BYU Law Review
Can police search a smart car’s computer without a warrant? Although the Supreme Court banned warrantless searches of cell phones incident to arrest in Riley v. California, the Court left the door open for warrantless searches under other exceptions to the warrant requirement. This is the first article to argue that the Fourth Amendment’s automobile exception currently permits the police to warrantlessly dig into a vehicle’s computer system and extract vast amounts of cell phone data. Just as the police can rip open seats or slash tires to search for drugs under the automobile exception, the police can warrantlessly extract …
Drug Ideologies Of The United States,
2023
Liberty University
Drug Ideologies Of The United States, Macy Montgomery
Helm's School of Government Conference
The United States has been increasingly creating lenient drug policies. Seventeen states and Washington, the District of Columbia, legalized marijuana, and Oregon decriminalized certain drugs, including methamphetamine, heroin, and cocaine. The medical community has proven that drugs, including marijuana, have myriad adverse health side effects. This leads to two questions: Why does the United States government continue to create lenient drug policies, and what reasons do citizens give for legalizing drugs when the medical community has proven them harmful? The paper hypothesizes that the disadvantages of drug legalization outweigh its benefits because of the numerous harms it causes, such as …
Giglio Feds: The Void Of Ethical Leadership Within Federal Law Enforcement,
2023
Liberty University
Giglio Feds: The Void Of Ethical Leadership Within Federal Law Enforcement, Christopher J. Boosey
Helm's School of Government Conference
No abstract provided.
Camera-Enforced Streets: Creating An Anti-Racist System Of Traffic Enforcement,
2023
St. John's University School of Law
Camera-Enforced Streets: Creating An Anti-Racist System Of Traffic Enforcement, Katie O'Brien
Journal of Civil Rights and Economic Development
(Excerpt)
On July 10, 2015, Sandra Bland was pulled over while driving in Prairie View, Texas, for failure to signal a lane change after moving to allow a trooper’s vehicle to pass her car. As the stop progressed, the trooper ordered Bland to get out of her car. When she refused, the trooper threatened to “yank [Bland] out” of her car and “light [her] up” with his taser. After Bland left her vehicle, Trooper Encinia handcuffed her, wrestled her to the ground, and kneeled on her. He later falsely claimed that Bland assaulted him. Three days later, police found Bland …
From Hashtag To Hash Value: Using The Hash Value Model To Report Child Sex Abuse Material,
2023
Seattle University School of Law
From Hashtag To Hash Value: Using The Hash Value Model To Report Child Sex Abuse Material, Jessica Mcgarvie
Seattle Journal of Technology, Environmental & Innovation Law
In the summer of 2021, Apple announced it would release a Child Safety Feature (CSF) aimed at reducing Child Sex Abuse Materials (CSAM) on its platform. The CSF would scan all images a user uploaded to their iCloud for CSAM, and Apple would report an account with 30 or more flagged images to the National Center for Missing and Exploited Children. Despite Apple’s good intentions, they received intense backlash, with many critics arguing the proposed CSF eroded a user’s privacy. This article explores the technology behind Apple’s CSF and compares it to similar features used by other prominent tech companies. …
What The United States Could Learn From Norway: Training Police Officers To Be Social Workers, Not Warriors,
2023
University of Miami School of Law
What The United States Could Learn From Norway: Training Police Officers To Be Social Workers, Not Warriors, Liana Brown
University of Miami International and Comparative Law Review
This note compares the training of police officers and its consequential effects in the United States versus that of Norway. In the United States, the lack of national training standards, in conjunction with an emphasis on technical skills and weaponry, has further perpetuated the “Warrior mindset.” The “Warrior mindset” reflects the rhetoric that officers are akin to combatants in a war, in which they have a duty to safeguard the rest of civilization against criminals that can strike at any moment. Contrastingly, the training programs for police officers in Norway include a consolidated and robust three-year education program that emphasizes …
Face Off: Overcoming The Fifth Amendment Conflict Between Cybersecurity And Self-Incrimination,
2023
Cleveland State University College of Law
Face Off: Overcoming The Fifth Amendment Conflict Between Cybersecurity And Self-Incrimination, Zachary E. Jacobson
Journal of Law and Health
The Founders included the privilege against self-incrimination in the Constitution to protect individual privacy and ensure a fair judicial process. Courts have failed U.S. citizens by neglecting to protect them from compelled unlocking of biometrically encrypted devices. This inaction has created a loophole that contradicts the framework of the privilege against self-incrimination. To correct this mistake courts should reconsider the trend they have set for the Constitution and the Fifth Amendment and consider adopting a forward-thinking cybersecurity lens to conclude that biometric authentication is testimonial. Courts should consider that biometric encryption is akin to a compelled password entry for the …
