Other Law Commons^™

Opening The “Black Box” Of Federal Illegal Reentry Sentencing: A Non-Participant Observational Analysis Of Sentencing Constraints And Judicial Discretion, Kevin Buckler

Qualitative Criminology (QC)

"Judicial discretion in sentencing has historically produced disparities in criminal sentencing outcomes. In an effort to address disparity at the federal level, in 1984, the U.S. Congress passed legislation that led to the creation of the U.S. Sentencing Commission and subsequently the adoption of federal sentencing guidelines. Studies show that even among similarly situated defendants (in terms of offense score and criminal history category) disparities have persisted regardless of the sentencing guidelines. An understudied source of disparity is the combined and interactive role of judges, prosecutors, and defense attorneys in the application of the guidelines and the statutory framework that …

Miriam Boeri, Hurt: Chronicles Of The Drug War Generation, Kathleen E. Padilla

Qualitative Criminology (QC)

In 1971, President Nixon officially declared the War on Drugs. Flash forward to 2020 and the prison population is approximately 2.3 million people, with 1 in 5 of those individuals having been incarcerated for a non-violent drug offense (Wagner & Wagner, 2020). Among those caught up in drug offenses stemming from the policies enacted during the War on Drugs, the majority are baby boomers. Baby boomers are those that are born between the years 1946 and 1964, and whose current population is approximately 73 million, the second largest generation aside from Millennials (Census, 2019). By the start of the 21st …

Forced Interactions With Sheriff Deputies Over Time And Their Influence On Stigma And Self Identities Among Individuals Convicted Of Sex Crimes, Lisa L. Sample, Brooke Cooley, Tusty Ten Bensel, Carin Hyter, Brett Hurley

Qualitative Criminology (QC)

"This paper examined the perceptions of convicted sex offenders and their interactions with law enforcement over time. Specifically, we focused on how formal interactions influenced stigma management and self-identity transformation. For decades, scholars have proposed that identities and behaviors often result from interactions with others. Sex offender registration and notification laws force interactions between registrants and police agents for years, if not a lifetime. Given that desistance from sex offending is dependent on prosocial identity transformation, we analyzed interviews with 63 registrants to uncover how interactions with police promote or inhibit identity transformation over time. Our findings suggested interactions with …

Interpersonal Interaction Between Prisoners And Officers In Prisons: A Qualitative Meta-Synthesis Exploring Prison Officer Wellbeing, Davinia Rizzo, Belinda Davey, Melanie Irons

Qualitative Criminology (QC)

"The wellbeing of prison officers has primarily been understood as a function of contextual variables such as their workplace and the nature of their role. Yet the research suggests the officers’ gender and tenure are the only statistically significant predictors of wellbeing for this population (Butler, Tasca, Zhang, & Carpenter, 2019). These findings suggest that variables at the person level may be more important than contextual variables. As such, we conducted a qualitative, meta-synthesis to explore how interpersonal interactions between prisoners and prison officers may affect the health and wellbeing of prison officers. Following a systematic review of the literature, …

Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis Taniguchi

Department of Justice Studies Faculty Scholarship and Creative Works

Focusing on the United States, this paper examines the impact of military service for the cohort of individuals that have experienced the social factors that characterize emerging adulthood as a unique stage in the life course. We argue that military service, as a turning point, may act differently in contemporary times compared to findings from past research. This difference is driven by changes in military service, the draft versus volunteer military service, and the prevalence of emerging adulthood. As a background, we describe emerging adulthood, examine how emerging adulthood relates to crime and deviance, explore the impact of military life …

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

Museletter

This Issue:

Director's Message

Spring Semester Hours

News You Can Use

Library Resources and Current Events

Tech Tip

New Materials Updates

Islam And Democracy: Appreciating The Nuance And Complexity Of Legal Systems With A Basis In Religion, Massimo Campanini, Mohamed Arafa

Barry Law Review

No abstract provided.

When The Rule Invites The Exceptions: How The Arizona Supreme Court's Attempt To Clarify The Economic Loss Rule In Flagstaff Affordable Housing Has Led To Discontinuity In Subsequent Application, Grant H. Frazier, Justin J. Larson

Barry Law Review

No abstract provided.

A Lit Stick Of Dynamite: The Story Of Desegregation In Clinton, Tennessee, Johnny Cerisano

Barry Law Review

No abstract provided.

The Sharing Economy & The Platform Operator‐User‐Provider “Pup Model”: Analytical Legal Frameworks, Juan Jose Diaz-Granados, Benedict Sheehy

Fordham Intellectual Property, Media and Entertainment Law Journal

The Sharing Economy and related platform technologies have disrupted work, consumption, and business in ways unimaginable even a decade ago. Creating great wealth and opportunity for some, the Sharing Economy has equally undermined job security and safety for many others. One challenge for regulators, legal advisors, and scholars is developing a rigorous analytical model for these related phenomena. We present the first comprehensive legal framework for distinguishing and analyzing the various components of the Sharing Economy and their interrelationships. Our analysis is based on contract law and property law, providing a delimitation within the Sharing Economy and platform technologies based …

Ocularcentrism And Deepfakes: Should Seeing Be Believing?, Katrina G. Geddes

Fordham Intellectual Property, Media and Entertainment Law Journal

The pernicious effects of misinformation were starkly exposed on January 6, 2021, when a violent mob of protestors stormed the nation’s capital, fueled by false claims of election fraud. As policymakers wrestle with various proposals to curb misinformation online, this Article highlights one of the root causes of our vulnerability to misinformation, specifically, the epistemological prioritization of sight above all other senses (“ocularcentrism”). The increasing ubiquity of so-called “deepfakes”—hyperrealistic, digitally altered videos of events that never occurred—has further exposed the vulnerabilities of an ocularcentric society, in which technology-mediated sight is synonymous with knowledge. This Article traces the evolution of visual …

23andme: Attack Of The Clones And Other Concerns, Claire M. Amodio

Fordham Intellectual Property, Media and Entertainment Law Journal

A few years ago, ancestry websites took the world by storm. People were fascinated with their history and heritage and wanted to find out more about where they came from. Then along came 23andMe, which allowed people to not only unearth their familial roots, but also bring to light unknown medical conditions or predispositions to certain medical issues. 23andMe then took the unprecedented step of teaming up with a pharmaceutical company to create drugs with its users’ genetic information. After this announcement, some users were caught off guard, having had no idea that their genetic information—something so sensitive and uniquely …

Taxing Big Data: A Proposal To Benefit Society For The Use Of Private Information, Ziva Rubinstein

Fordham Intellectual Property, Media and Entertainment Law Journal

Artificial intelligence, the technology that is currently shaping our world, relies on the data that each individual supplies. In 2017, the Economist magazine asserted that “the world’s most valuable resource is no longer oil, but data.” This assertion is supported by the current data market, which became a hundred-billion-dollar industry in the data broker market alone. However, despite its immense value, individuals are not compensated when their data is collected, shared, or when that data is used to replace them in the job market. Further, companies are legally avoiding taxes on this resource, both during its collection and on the …

Spirit Of The Corporation, Russell Powell

Seattle University Law Review

Christian theologians have analyzed the productive and destructive qualities of institutions, sometimes attributing to them human virtues and vices. In City of God, Saint Augustine describes a utopian vision of human community within a Christian context as an alternative to the flawed “City of Man.” Contemporary theologians and sociologists have described collective structures of human behavior in institutions as having a kind of “spirit” analogous to the individual human “spirit.” Institutions are then assumed to take on an existence separate from the individuals within them, and in fact, the “spirit” of an institution influences the behavior of individuals. In The …

The Virginia Company To Chick-Fil-A: Christian Business In America, 1600–2000, Joseph P. Slaughter

Seattle University Law Review

The Supreme Court’s 2014 decision in Burwell v. Hobby Lobby Stores, Inc. is one of its most controversial in recent history. Burwell’s narrow 5–4 ruling states that the Religious Freedom Restoration Act of 1993 applies to closely held, for-profit corporations seeking religious exemptions to the Affordable Care Act. As a result, the Burwell decision thrust Hobby Lobby, the national craft chain established by the conservative evangelical Green family of Oklahoma City, Oklahoma, onto the national stage. Firms like Hobby Lobby and Chick-fil-A, however, reject the conventional wisdom Justice Ginsburg explained in Burwell and instead embrace an approach to business with …

The Spirit Is Willing: A Proposal For American Single Malt Whiskey, Raymond Cleaveland

Seattle University Law Review

Over the past twenty-five years, small, independent American distilleries have carved out a new niche in the United States liquor market: craft single malt whiskey. Inspired by the success of single malt Scotch and other single malts, American craft distillers are now fighting for their own shelf behind the bar and in the liquor store aisle. In 2018, a cadre of these distillers petitioned the U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau to formally recognize a new category of whiskey in the Code of Federal Regulations: American Single Malt Whiskey. For purposes of consumer protection, the Treasury …

Introductory Remarks, Michael Rogers, Hannah Hamley, Rayshaun D. Williams

Seattle University Law Review

Introductory Remarks.

Marissa Jackson Sow’S “Whiteness As Contract”, Marissa Jackson Sow

Seattle University Law Review

Marissa Jackson Sow’s “Whiteness as Contract.”

Closing Remarks, Dontay Proctor-Mills

Seattle University Law Review

Closing Remarks.

Rock And Hard Place Arguments, Jareb Gleckel, Grace Brosofsky

Seattle University Law Review

This Article explores what we coin “rock and hard place” (RHP) arguments in the law, and it aims to motivate mission-driven plaintiffs to seek out such arguments in their cases. The RHP argument structure helps plaintiffs win cases even when the court views that outcome as unfavorable.

We begin by dissecting RHP dilemmas that have long existed in the American legal system. As Part I reveals, prosecutors and law enforcement officials have often taken advantage of RHP dilemmas and used them as a tool to persuade criminal defendants to forfeit their constitutional rights, confess, or give up the chance to …