Biden's Acts of Clemency Raise Awareness of the Power and Embolden Those Seeking a Second Chance, Villanova Law Professor Says

Jan 17, 2025

3 min

Just before the holiday season, as he entered his final month as President of the United States, Joe Biden announced that he would be granting clemency to roughly 1,500 American citizens. The clemency acts, which included sentence commutations for individuals placed on home confinement during the pandemic and pardons for 39 individuals with non-violent offenses, were touted by the administration as the most ever in a single day in modern history. A month later, on January 17, he commuted the sentences of roughly 2,500 individuals convicted of non-violent drug offenses, shattering December's mark and giving him the most pardons and commutations of any president in United States history.


The unprecedented size of the actions has been underscored throughout The White House’s press materials and has headlined most subsequent news coverage. But for Anton Robinson, JD, associate professor of law and director of Villanova’s Caritas Clemency Clinic in the Charles Widger School of Law, the importance of the clemency went far beyond the impressive scale.


“Acts like these bring much needed awareness to the clemency process, and to the epidemic of excessive sentencing in United States courtrooms,” Professor Robinson said. “At our clinic, we are already having people call to ask about opportunities for pardons and additional support for their cases.”


Public perception of presidential acts of clemency can, at times, be marred by partisan divisiveness. To some, these latest acts were overshadowed by President Biden’s earlier pardon of his son, Hunter, and eyes are already on incoming President Trump regarding how he might handle those charged in relation to the January 6 insurrection. Professor Robinson acknowledges that acts like these can cause people to “rightfully question the power that is being used,” but those are the outliers, not the norms, and steer the conversation away from the root purpose of clemency.


“People deserve a second chance,” Professor Robinson said. “There’s a tendency for system actors to focus primarily on the crime committed when considering whether a person’s sentence should be cut short. But many are different people today—sometimes decades later—than they were at the time of the crime’s commission.


“There is also no shortage of individuals in prison for whom a charge doesn’t tell the whole story. For example, a young person’s involvement in a crime, while sufficient for a legal conviction, might be weighed differently today, given increasing acceptance of scientific research on the portion of the human brain which controls decision-making, impulse control and executive function. Research shows all of that continues to develop well into adulthood.”


Determining who fits the criteria for clemency, Professor Robinson says, is not always easy to do. Collecting records of good behavior that illustrate change while in a carceral setting is much more difficult than collecting records of bad behavior. That’s why entities like the Caritas Clemency Clinic, in which Villanova Law students work directly on behalf of such clients under Professor Robinson’s guidance, spend so much time talking to anyone who has had a relationship with the incarcerated person.


“What we often find is that despite being incarcerated and having very little given opportunity, these individuals make their own opportunities to build community and rich relationships and try their best to contribute to society in a positive way,” Professor Robinson said.


A military veteran who helped church members in poor health perform tasks. A nurse who spearheaded COVID vaccination efforts and natural disaster response. A counselor who helps guide youth away from destructive behavior and involvement with gangs. Those are the types of actions Professor Robinson references, all of which were highlighted specifically in the White House’s fact sheet for President Biden's December acts, just before the words “The United States is a nation of second chances.”


“I'm hoping that these large acts of clemency encourage folks to think, ‘Hey, what about my loved one? What about me? I am a completely different person than I was 20 years ago, what can I do to try to secure my freedom and my ability to live the life that I've missed out on?’” Professor Robinson said. “It really is a great opportunity to remind ourselves that people are far better than the worst things that they've ever done, and that we have an opportunity to acknowledge that as a society and to encourage more of this action, both on a federal and state level.”


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5 min

Application of Road Salt Can Have Widespread and Long-Lasting Impacts, Says Villanova’s Steven Goldsmith, PhD

Streaks of white that coat roads and cars. Powdery footprints smudged into floors. It’s the time of year when much of the United States relies on road salt to keep ice at bay and accepts the nuisances that come with it. But beyond the inconvenience, all that salt has potentially serious, long-term effects on the environment, human health and infrastructure. Steven Goldsmith, PhD, an associate professor of Geography and the Environment at Villanova University, researches topics in watershed biogeochemistry and environmental health. A focus of his lab is the study of de-icing practices on water quality. Recently, Dr. Goldsmith shared insights from his work, exploring the widespread consequences of road salt and potential solutions to reduce its harm. Villanova PR: You have led or participated in research focused on the environmental impacts of road salt application, often locally, but with much broader implications. What have some of those studies found? Steve Goldsmith: In 2022, we published a paper showing that salt—sodium in particular—is seeping into Philadelphia's water supply, and it's timed with snow melts. We found that if you drank a glass of tap water during the peak period in the winter of 2018-19, your sodium intake would be six times what the Environmental Protection Agency (EPA) recommends within a glass of water for someone on a low-sodium diet. We are susceptible in this region because most of our water supply comes from rivers, and the rivers receive that salt runoff. Some of our findings indicate this is a chronic issue and not limited to winter months. All that contaminated shallow groundwater causes the concentration to rise year-round, even in the summer. In a recent paper, we discuss the issue of salt that lands on the side of the road. When it does, it infiltrates into soil, and then it goes into shallow groundwater before entering our streams. Oftentimes when salt is applied to the road and you receive that initial precipitation, you are left with runoff with salinity near the concentration of sea water, which is very bad for freshwater organisms. PR: Have those studies found other impacts beyond those created directly by sodium? SG: It’s certainly not just a sodium issue—it's also a chloride issue. Chloride does have a negative impact on aquatic organisms, but it can also corrode drinking water infrastructure. If you have lead pipes in that infrastructure, that can lead to a range of human health issues. Even just to prevent those problems, applying chemicals to protect from the corrosion of pipes increases costs. Perhaps the worst part is when road salt infiltrates shallow soil and groundwater, the sodium is left behind preferentially in soils because it's displacing other positively charged elements, which could then go into groundwater. The elements it replaces are metals. If we have more salt runoff on the side of the roads, chances are, if we look in those streams, we are going to see higher concentrations of heavy metals like copper, zinc and even lead. PR: You have mentioned the efficacy of brine. What is brine and why is it more effective than traditional road salt? SG: If you’ve ever driven behind a rock salt truck, you probably noticed it pelts your windshield and shoots salt everywhere. A lot of that rock salt ends up following the natural trajectory of the road, which is designed to drain towards the sides to keep water from pooling. As soon as a snowstorm happens, it's going to melt and flow into the storm drain. That, of course, is bad for the environment, but also doesn’t help remove ice from the road. With brine, the application is a diluted road salt with water mixture that is usually about 23 percent sodium chloride by volume, and it’s referred to as an “anti-icing” measure. The saltwater infiltrates the top layer of pavement and embeds in the roadway itself, which keeps ice from crystallizing when snow or water hits the surface. To use an analogy, let’s say you have a large rock that you placed on top of the pavement, but you also have a quarter of that rock’s volume in sand. If you put that sand onto the pavement, it will permeate into nooks and crannies. That's the same idea here: use less material and in a way that makes it stick better to the surface and reduces the need to reapply as often during and after storms. PR: What are potential positive impacts if municipalities switch from road salt to brine? SG: There are limited studies on this, but it's been shown that if done properly, brining can reduce salt runoff into streams by anywhere from 23 to 40 percent. If it's 40 percent, you have almost cut the problem in half, and that lower peak salt concentration and runoff would have a profound positive impact on aquatic organisms that are downstream. From a cost standpoint—and I say this theoretically because there are other up-front costs associated with brining at the municipal level—if you reduce salt concentrations by up to 40 percent it means you apply a lot less and therefore spend a lot less. PR: What can individuals do to decrease road salt runoff, and how much of an impact does individual use have? SG: We can start by addressing the household salt application problem. Another one of our recent papers suggests that other impervious surfaces, like driveways, sidewalks and parking lots, are probably contributing even more than the roadway application. The best estimate is that individual or private contractor use could be over 10 times what you see on roads. For researchers, part of addressing this is trying to understand why people apply so much salt on their personal properties: are they afraid of lawsuits? Keeping with the Joneses? Are they not aware of ordinances that say you have to shovel within a certain number of hours, which would negate the need for salt anyway? For homeowners and other individuals, one proposed solution is to use a coffee mug’s worth of salt for every 10 sidewalk squares. Think of it as a “low-sodium diet” to make sure you’re not overapplying. It’s a way we can limit our use of salt and do so in a way that doesn't jeopardize safety. These individuals can also sweep up salt applied before a storm that never materialized to use before the next one. This will prevent the possibility of rain needlessly dissolving the salt. PR: Are there effective alternatives to road salt that individuals can use? SG: The only truly effective alternative, unfortunately, is simply using less road salt. While some people apply sand, it also washes into local streams, causing environmental harm. Another option that has gained attention is beet juice—what I like to call the “Dwight Schrute” solution. Beet juice actually works better than road salt because its organic acids prevent ice from crystallizing at temperatures much lower than those at which rock salt is effective. However, from an environmental standpoint, beet juice contains high levels of nutrients, which can contribute to algae growth if it enters waterways. Additionally, recent studies suggest it may also be toxic to aquatic organisms. The growing consensus is that while some road salt is necessary, we need to use less of it.

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