Digital Commons Network^™

There's No Such Thing As Independent Creation, And It's A Good Thing, Too, Christopher Buccafusco

Faculty Scholarship

Independent creation is the foundation of U.S. copyright law. A work is only original and, thus, copyrightable to the extent that it is independently created by its author and not copied from another source. And a work can be deemed infringing only if it is not independently created. Moreover, independent creation provides the grounding for all major theoretical justifications for copyright law. Unfortunately, the doctrine cannot bear the substantial weight that has been foisted upon it. This Article argues that copyright law’s independent creation doctrine rests on a set of discarded psychological assumptions about memory, copying, and creativity. When those …

On The Cusp Film, Rommel H. Ojeda, Rommel H. Ojeda

Capstones

On the Cusp film follows the story of Dreamer Erika Apupalo, who immigrated to the United States at the age of 9. Her story is one that represents the determination that Dreamers or DACA-recipients have to achieve the American Dream (freedom), while dealing with the physical limitations of being out of status, and having to deal with the uncertainty of what could happen if she went back to her country. Taking place in 2006 in Tigualo, Ecuador, Erika takes us through her journey of migrating to the United State. “I remember the immigration officer asking me questions”, says Erika, who …

Political Disaffection And The Struggle Against Impunity, Joannie Jean Phd

Societies Without Borders

The end of the dictatorship in Chile happened in a climate of almost euphoria for the associations of victims and their families. The return of democracy to Chilean society was met with a hope that they would go back to the agenda for social justice laid out by Salvador Allende. 27 years after, the mobilisations of memory still struggle to be heard and have their claims met. Indeed, the groups are still ever present in the fabric of the society, searching for complete truth and effective justice. This paper seeks to shed light on the historical struggle for justice, truth …

Memory And Identity: Inter-Generational Resilience And Construction Of Diasporic Identities Among Somali Refugees, Hamida Dahir Sheikh Ahmed

Master's Theses

The violence and displacement many refugees face often create a lifelong trauma that manifests in many ways within themselves, their families, and communities. The Somali refugee community in the United States is no different. Since their resettlement in America started in the 1990s following the civil war, the community has struggled with different manifestations of that trauma; substance abuse and gang violence among the youth, prominence of depression and suicide rates, rise of domestic violence, as well as other direct and indirect results associated with mental health. This is the reality of many refugee and immigrant communities, coming directly from …

Law Library Blog (April 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Trauma And Memory In The Prosecution Of Sexual Assault, Cynthia V. Ward

Faculty Publications

Part I of this article traces the history of the recovered memory movement in the criminal prosecution of sexual assault, discussing some prominent cases and their consequences for wrongly convicted defendants. Part II asks why the criminal law was so vulnerable to claims of sexual assault, and other violent crimes, that were often wildly improbable on their face. The article concludes that the structure of recovered memory theory had the effect of disabling checks in the criminal process which are designed to prevent unjust convictions. Part III applies that conclusion to the theory of Trauma-informed Investigation (TII) and the "Neurobiology …

Pre-Report Review Of Body-Worn Camera Footage: An Examination Of Stakeholder Beliefs, Laypeople’S Judgments Of Officer Credibility, And The Consequences For Memory, Kristyn A. Jones

Dissertations, Theses, and Capstone Projects

Aim: This dissertation examines people’s beliefs about police officer access to body-worn camera footage, people’s judgments of officer credibility as it relates to video footage, and the consequences that review of footage has on reporting accuracy.

Rationale: With escalating police-civilian tensions in 2014, American police departments adopted body-worn camera programs. A majority of departments have policies allowing officers unrestricted access to camera footage. Because officers fear that inconsistencies between reports and videos could result in suspicion of officer deceit, they argue that officers should have access to footage before writing their reports to ensure reports match the footage. Yet, because …

Trauma-Informed Advocacy: Learning To Empathize With Unspeakable Horrors, Susan Ayres

William & Mary Journal of Race, Gender, and Social Justice

During the Senate Judiciary Committee Hearings on the nomination of Brett Kavanaugh as associate justice of the United States Supreme Court, Christine Blasey Ford testified regarding an alleged sexual assault by Kavanaugh that had occurred thirty-five years earlier. Although some viewed Blasey Ford’s testimony as a doomed repeat of Anita Hill’s testimony during the hearings on the nomination of Clarence Thomas, one significant difference was that the Kavanaugh hearings demonstrated an increased public awareness of the impacts of trauma. And just as senators hired a prosecutor trained in trauma-informed lawyering to question Blasey Ford, today’s lawyers must understand how trauma …

Home Now, Malik Hodari

Mighty Pen Project Anthology & Archive

A soldier begins to find his way home after returning from Vietnam.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

911 Dispatchers: Investigating Their Knowledge Of Eyewitness Evidence Collection, Samantha A. Kosziollek

Student Theses

911 dispatchers are often the first contact in an emergency, playing a critical role in the investigative process. Presently, a new bill is seeking to nationally reclassify these communications officers, recognizing them as vital first responders, as their initial collection of eyewitness evidence aid in the attainment of crucial information and detailed descriptions of an accident or crime. However, only one study (Kassis, 2017), to date, has examined the training of 911 dispatchers, as well as their self-reported knowledge of the potential influences their language could have on an eyewitness’ memory. While this research highlighted disparities between the perceived role …

Assessing Cognitive Interview Mnemonics And Their Effectiveness With Non-Native English Speakers, Bryan Keith Wylie

FIU Electronic Theses and Dissertations

The cognitive interview is a widely recommended forensic interviewing strategy which elicits more details than comparison interviews. However, little research has attended to which of its component mnemonics drive the overall effect. Furthermore, some mnemonics—like asking witnesses to recall in reverse order—are cognitively demanding. Responding to cognitively demanding interview mnemonics may be challenging for witnesses who are already under heavy cognitive load, such as non-native English speakers. Speaking a second language is a cognitively difficult task that may leave non-native English speakers with limited cognitive resources to devote to complex interviewing mnemonics. Other mnemonics, though, may be particularly beneficial for …

The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer

Genocide Studies and Prevention: An International Journal

In contrast to prosecuting and punishing committed acts of genocide, the Genocide Convention is silent as to means of preventing future acts. Today it is generally accepted that the duty to prevent is legally binding, but there is still uncertainty in international law about its specific content. This article seeks to fill this gap in the light of the object and purpose of the Genocide Convention. It provides a minimum requirement approach, i.e. indispensable State actions to comply with their duty to prevent: naming and shaming situations of genocide as what they are. Even situations from times before the Genocide …

What U.S Defense Attorneys Know About Facial Composites, Marisa H. Jaross

Student Theses

The Innocence Project’s DNA exoneration database (2018) indicates that approximately 27% of wrongful conviction cases containing eyewitness evidence also included a composite or sketch[1] of the perpetrator. This statistic is alarming, given that composites are rarely used in criminal investigations (PERF, 2013), but not surprising considering “good” composites are notoriously difficult to construct (e.g., Wells, Charman, & Olson, 2005). It is well understood that eyewitness evidence can be particularly persuasive evidence of guilt for juries and thus we were interested in learning more about how defense attorneys prepare for trial with respect to this specific type of eyewitness evidence. …

Review Of Privileged Documents In Trial And Deposition Preparation Of Witnesses In New York: When, If Ever, Will The Privilege Be Lost?, Michael J. Hutter

Pace Law Review

This article will examine New York’s refreshing recollection doctrine in the context of trial and deposition preparation of witnesses as to the consequences of the witness’s review of privileged writings. Initially, Part II will discuss Rule 612 of the Federal Rules of Evidence. The discussion will serve as the backdrop for the analysis of the above-mentioned issues under New York law. Part III will then examine the refreshing recollection doctrine as developed and applied to testifying witnesses at a trial or deposition by the New York courts. The examination will point out the doctrine’s key rules. Part IV discusses the …

A Painful History : Symbols Of The Confederacy: A Conversation About The Tension Between Preserving History And Declaring Contemporary Values 1-19-2018, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

Packers, Beth Liechti

Mighty Pen Project Anthology & Archive

An army officer reminisces about her past love, her military career, and a great pair of cowboy boots.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Teaching The Forgotten Fourteenth Amendment And The Constitution Of Memory, Mark A. Graber

Saint Louis University Law Journal

No abstract provided.

An Examination Of Inattentional Blindness In Law Enforcement, Gregory Lee

All Graduate Theses, Dissertations, and Other Capstone Projects

Inattentional blindness, or the inability to visually detect an unexpected stimulus while attending to a task or situation, can have detrimental effects on those who are subject to the phenomenon. This may be particularly true for law enforcement officers, who are often engaged in cognitively demanding tasks that draw their attention away from potentially deadly hazards. This study aimed to look at the effects of inattentional blindness within a group of officers of varying degrees of experience and expertise. The officers were presented with a video-based scenario in which an unexpected stimulus was placed. The control group was asked to …

Trending @ Rwu Law: Dean Yelnosky's Post: Experiences, Connections And Opportunities: A Real World Perspective From Recent Rwu Law Grads 6/2/2017, Michael Yelnosky

Law School Blogs

No abstract provided.

In Eyes, We Trust: The Changing Landscape Of Eyewitness Testimony, Manveen Singh

Northern Illinois University Law Review

Since the very advent of law enforcement, eyewitness testimony has played a pivotal role in identifying, arresting, and convicting suspects. Reliant heavily on the accuracy of human memory, nothing seems to carry more weight with the judiciary than the testimony of an actual witness. The acceptance of eyewitness testimony as a substantive piece of evidence lies embedded in the assumption that the human mind is adept at recording and storing events. Research though, has proven otherwise. Having carried out extensive study in the field of eyewitness testimony for the past 40 years, psychologists have concluded that human memory is fragile …

Foreword: In Memory Of Justice Antonin Scalia, Steven G. Calabresi

Loyola of Los Angeles Law Review

No abstract provided.

In Memoriam: Professor Peter Nash Swisher, Ronald J. Bacigal

University of Richmond Law Review

No abstract provided.

The Role Of Attention And Memory In Prospective Person Memory, Kara Nicole Moore

Graduate Theses and Dissertations

I examined the role of memory and attention in prospective person memory. Prospective person memory involves being on the lookout for a person with the goal of completing some task (i.e., contacting the authorities) upon encountering the person. Success at prospective person memory tasks in lab and field based studies is rather low (i.e., less than 10% of people report encountering the person). In the current study the prospective person memory task involved a simulated search for a missing person. I manipulated attention to the missing person and strategic monitoring, which involves being in retrieval mode and searching for cues. …

Trending @ Rwu Law: David Logan's Post: Law Students Square Off With Cops: B-Ball For A Worthy Cause! 7-7-16, David Logan

Law School Blogs

No abstract provided.

"To The Devil We Sprang And To The Devil We Shall Go": Memory And History In The Narrative Of British Medieval Constitutionality, Helen W. Tschurr

Summer Research

The British Bill of Rights is arguably one of the most important documents in history; it symbolizes modernity, legal protection for popular sovereignty, and has inspired several political and intellectual revolutions. The Bill of Rights is a physical manifestation of the British constitution and represents a triumph of constitutionality over despotism, the struggle which has defined British history since the Norman Invasion in 1066, and which has been deemed the de facto constitution itself. Because of its unique composition, the British constitution has been a hotly debated historical subject since the Glorious Revolution. Most scholarship on this topic has been …

The Influence Of Emotion On Memory For A Crime, Taylor Langley

Electronic Theses and Dissertations

Researchers have reported errors in recall or recognition of witnessed events, accounting for the most common cause of false convictions of innocent people. Tiwari (2010) indicated that 25% of suspects who were identified in a line-up were actually innocent. Jurors are strongly influenced by eyewitness testimony and this can lead to false convictions. The validity of eyewitness identification is critical in cases in which it is used as evidence. In the current study we examined specific emotion states by inducing fear, surprise, and neutral moods. We hypothesized that participants in the Fear group would be least susceptible to the effects …

Fmri And Lie Detection, Anthony D. Wagner, Richard J. Bonnie, Bj Casey, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim Taylor-Thompson, Gideon Yaffe

Faculty Scholarship

Some studies have reported the ability to detect lies, with a high degree of accuracy, by analyzing brain data acquired using functional magnetic resonance imaging (fMRI). But is this new technology ready for its day in court?

This consensus knowledge brief from the MacArthur Foundation Research Network on Law and Neuroscience takes a closer look at the potential and pitfalls of fMRI lie detection techniques, providing insight into the areas of the brain involved in lying, the impact of memory on deception, how countermeasures may foil our efforts to detect lies, and factors that can create cause for concern about …

Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño

Master's Theses

In 1973, Uruguay’s president authored a coup d’état with the military and changed the history and fabric of Uruguay. Once democracy returned to Uruguay in 1985, it was a chance to see if an evolution of the law, politics and society would occur. This thesis aims to analyze and understand the patterns of change and de-evolution or evolution that happened during the dictatorship and then over the last 30 years. I break down the process of changes that happened legally and politically, how the dictatorship and its leaders used law to destroy rule of law, and how society changed.

This …

Reputational Privacy And The Internet: A Matter For Law?, Elizabeth Anne Kirley

PhD Dissertations

Reputation - we all have one. We do not completely comprehend its workings and are mostly unaware of its import until it is gone. When we lose it, our traditional laws of defamation, privacy, and breach of confidence rarely deliver the vindication and respite we seek due, primarily, to legal systems that cobble new media methods of personal injury onto pre-Internet laws. This dissertation conducts an exploratory study of the relevance of law to loss of individual reputation perpetuated on the Internet. It deals with three interrelated concepts: reputation, privacy, and memory. They are related in that the increasing lack …

Fighting Over The Founders: How We Remember The American Revolution, Andrew Schocket

Andrew M Schocket

The American Revolution is all around us. It is pictured as big as billboards and as small as postage stamps, evoked in political campaigns and car advertising campaigns, relived in museums and revised in computer games. As the nation’s founding moment, the American Revolution serves as a source of powerful founding myths, and remains the most accessible and most contested event in U.S. history: more than any other, it stands as a proxy for how Americans perceive the nation’s aspirations. Americans’ increased fascination with the Revolution over the past two decades represents more than interest in the past. It’s also …