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Volume 1 Spring 2018 UCF Department of Legal Studies Law Journal Law Studies UCF Department of Legal 1 Spring 2018 Volume Volume 1 Spring 2018 Articles The Social Media Era President Vincent Wardynski Automatic License Plate Readers: The Answer to Preemptive Crime Prevention Robert Steinkraus Volume 1 Spring 2018 A Collision of Collusion: How the NCAA is Conspiring to Fail Their “Student Athletes” Articles John Tuley The Social MediaThe High Era Road: President An Analysis of Marijuana as an Impairing Vincent Wardynski Substance and Why Marijuana Laws Fail to Adhere to the Automatic FrameworkLicense Plate of DUI Readers: Alcohol Le Thegislation Answer Michael McWaters to PreemptiveRace, Crime Crime, andPrevention Justice: Understanding Why Racial Robert Steinkraus Disproportionality Transpires in the United States Prisons Jake Kenny A Collision of Collusion: How the NCAA is Conspiring to Fail Their “StudentMaking Millions Athletes” of Dollars Off Constitutional Violations SamanthaJohn Forkel Tuley The Second Amendment and the Forgotten Militia Benjamin J. Green The High Road: An Analysis of Marijuana as an Impairing Substance Areand Sanctuaries Why Marijuana Safe? A Legal Laws Analysis Fail to of Adherethe Campaign to the Frameworkto of Defund DUI AlcoholSanctuary Le Citiesgislation BrandtMichael Dietry McWaters A False Sense of Security: An analysis of victims of sexual assault Race, Crime,and and the progressJustice: we’ve Understanding made compared Why to JoyceRacial Carol DisproportionalityOates’ “Where Transpires Are You Going,in the Where United Have States You Been?” Prisons SamanthaJake R. Kenny Conover Woman in Combat: Fighting For Equal Skies Reina Chehayeb Making Millions of Dollars Off Constitutional Violations Samantha Forkel Justice for Kalief Browder: Correcting Crooked Corrections The Secondand Amendment Criminal Justice and Systems the Forgotten Militia DavonaBenjamin Johnson J. Green Contemporary Terrorism’s Most Essential Yet Undetected Are SanctuariesSuppliers: Safe? Women A Legal Analysis of the Campaign Aleeza Mahak Shah to Defund Sanctuary Cities Brandt Dietry Book Review: The Rooster Bar Sean Casey A False Sense of Security: An analysis of victims of sexual assault and the progress we’ve made compared to Joyce Carol Oates’ “Where Are You Going, Where Have You Been?” Samantha R. Conover Woman in Combat: Fighting For Equal Skies Reina Chehayeb Justice for Kalief Browder: Correcting Crooked Corrections and Criminal Justice Systems Davona Johnson Contemporary Terrorism’s Most Essential Yet Undetected Suppliers: Women Aleeza Mahak Shah Book Review: The Rooster Bar Sean Casey UNIVERSITY OF CENTRAL FLORIDA DEPARTMENT OF LEGAL STUDIES LAW JOURNAL BOARD OF EDITORS FOR 2017-2018 Reina Emily Chehayeb Samantha Rose Conover Gabrielle Josephine D’Esposito Brandt Stephen Dietry Sara Zhijing Fogarty Samantha R. Forkel Benjamin J. Green Davona A. Johnson Jake T. Kenny Michael D. McWaters Julienne Grace Miranda Aleeza Mahak Shah Robert S. Steinkraus John Michael Tuley Vincent Wardynski 1 Table of Contents FOREWORD ......................................................................................................4 INTRODUCTION ................................................................................................7 THE SOCIAL MEDIA ERA PRESIDENT ............................................................. 13 AUTOMATIC LICENSE PLATE READERS: THE ANSWER TO PREEMPTIVE CRIME PREVENTION ................................................................................................. 25 A COLLISION OF COLLUSION: HOW THE NCAA IS CONSPIRING TO FAIL THEIR “STUDENT ATHLETES” ................................................................................... 35 THE HIGH ROAD: AN ANALYSIS OF MARIJUANA AS AN IMPAIRING SUBSTANCE AND WHY MARIJUANA LAWS FAIL TO ADHERE TO THE FRAMEWORK OF DUI ALCOHOL LEGISLATION .............................................. 51 RACE, CRIME, AND JUSTICE: UNDERSTANDING WHY RACIAL DISPORPORTIONALITY TRANSPIRES IN UNITED STATES PRISONS ................ 71 MAKING MILLIONS OF DOLLARS OFF CONSTITUTIONAL VIOLATIONS ......... 87 THE SECOND AMENDMENT AND THE FORGOTTEN MILITIA ........................ 99 ARE SANCTUARIES SAFE? A LEGAL ANALYSIS OF THE CAMPAIGN TO DEFUND SANCTUARY CITIES ...................................................................................... 111 A FALSE SENSE OF SECURITY: AN ANALYSIS OF VICTIMS OF SEXUAL ASSAULT AND THE PROGRESS WE HAVE MADE COMPARED TO JOYCE CAROL OATES’ “WHERE ARE YOU GOING, WHERE HAVE YOU BEEN?” .............................. 121 WOMEN IN COMBAT: FIGHTING FOR EQUAL SKIES ................................... 135 JUSTICE FOR KALIEF BROWDER: CORRECTING CROOKED CORRECTIONS AND CRIMINAL JUSTICE SYSTEMS ....................................................................... 147 CONTEMPORARY TERRORISM’S MOST ESSENTIAL YET UNDETECTED SUPPLIERS: WOMEN ................................................................................... 159 BOOK REVIEW: THE ROOSTER BAR ............................................................. 173 3 FOREWORD Dr. Alisa Smith, J.D., Ph.D. Department Chair, Department of Legal Studies It is my distinct honor to welcome readers to the University of Central Florida (UCF) Department of Legal Studies inaugural undergraduate law journal. By establishing an undergraduate law journal, UCF joins a very elite group of universities that provides students this unique, unparalleled and quintessential experiential learning opportunity, which is typically reserved for law and graduate students. Writing and editing the undergraduate law journal affords students a hands-on and deep understanding of the process of writing for publication, editing the work of others, and creating a journal. The students who participated this first-year were recommended by departmental faculty, then interviewed and selected by the undergraduate law journal advisor, Professor James Beckman. Professor Beckman, who was also the inaugural chair of the Department of Legal Studies, took on the role of law journal advisor, as he does with all projects, with the fervor and dedication of a true scholar-teacher. Under his tutelage, the students were provided a top-notch learning experience. From teaching the students the nuances of Bluebook citation to the thick-skinned approach of editing others and their own work and the exploration of writing for publication, there is no one better to engage and teach students than Professor Beckman. As with any such endeavor, it takes a village. The undergraduate journal could not have come to fruition without the support of university and college administrators, the department’s Office Manager, Katie Connolly, and the many legal studies faculty, who everyday dedicate their time and energy to preparing the next generation. Topics in this inaugural issue are truly extraordinary, in terms of the quality of the research and writing, as well as timeliness and relevancy of the articles. For example, articles in the journal range from the “social media” comments and “tweets” of the 4 President of the United States and what status of “law” these comments are afforded in the U.S. legal system to the legality of police officers’ usage of automatic license plate scanners and whether or not such practices violate society’s reasonable expectation of privacy. Other articles deal with such complex and timely topics such as the impact of race on the operation of the United States correctional system to an analysis of the implications of the “Me Too#” movement and its comparison with a famous 1966 short story by author Joyce Carol Oates. Enjoy the articles and marvel that these bright students, who so willingly took on more work than a normal course, engaged in critical assessment and thought-provoking conversations, and produced a journal that contributes to intellectual debates and a deeper understanding of many timely interdisciplinary topics. 5 INTRODUCTION James A. Beckman, Faculty Advisor Professor, Department of Legal Studies This journal is an extraordinary scholarly and creative work product which was composed entirely by a group of truly amazing undergraduate students at the University of Central Florida (UCF). As the genesis of UCF’s Department of Legal Studies Law Journal conceptually began to take shape over a year ago, Dr. Alisa Smith (Chair of the Legal Studies Department) and I knew that in order for a project of this nature to succeed, we had to have a class of extremely talented and dedicated students to write articles, peer review the work of others, and in essence, create the journal. Thus, the first essential step in the creation of this journal was the selection of the right group of students. In order to ensure that the best students were selected, each student on the editorial board (and as an enrolled student in the specially designed class designed to create the journal) had to be nominated by a faculty member of the Legal Studies Department. Of those nominated, as the instructor of record, I then invited those nominated students who had a clearly evidenced ability and experience in solid legal writing, research and editing to be in the class and serve on the inaugural editorial board. During the first month of work by the students, much time was spent on discussing “best practices” of an editorial board, covering the well- established procedures of student run law school level “law reviews” and “law journals,” exercises in the proper usage of the Chicago Manual of Style and The Bluebook: A Uniform System of Citation (The Harvard