Digital Commons Network^™

Asian Courts And Lgbt Rights, Holning Lau

Holning Lau

Civil Rights And Shareholder Activism: Sec V. Medical Committee For Human Rights, Sarah C. Haan

Sarah Haan

This article builds upon the author's remarks at the 2018-2019 Lara D. Gass Annual Symposium: Civil Rights and Shareholder Activism at Washington and Lee University School of Law, February 15, 2019.

What does “corporate democracy” mean? How far does federal law go to guarantee public company investors a say in a firm’s policies on important social, environmental, or political issues? In 1972, the U.S. Supreme Court appeared ready to start sketching the contours of corporate democracy—and then, at the last minute, it pulled back. This Article tells the story of Securities and Exchange Commission v. Medical Committee for Human Rights …

White Collar Crime And Morality: How Occupation Shapes Perception, Marshall Schmidt

Marshall Schmidt

White-collar crime is on the rise in the United States and globally. The general public has historically been seen as apathetic to white-collar criminals and their crimes; however more recent studies have shown that prior conclusions on perceptions of white-collar criminals may have been inaccurate. In this paper, I examine the role that occupation has in forming perceptions of white-collar criminals. Using Status Characteristics Theory, a structural social psychological theory that links an individual's status characteristics to evaluations of their morality, trustworthiness and competency, vignette experiments are constructed that allow for offender status and offense seriousness in various white collar …

Structural Racism And Odds For Infant Mortality Among Infants Born In The United States 2010, Roman Pabayo, Amy Ehntholt, Kara L. Davis, Sze Yan Liu, Peter Muening, Daniel Cook

Sze Yan Liu

Abstract

OBJECTIVES:

While ecological studies indicate that high levels of structural racism within US states are associated with elevated infant mortality rates, studies using individual-level data are needed. To determine whether indicators of structural racism are associated with the individual odds for infant mortality among white and black infants in the US.

METHODS:

We used data on 2,163,096 white and 590,081 black infants from the 2010 US Cohort Linked Birth/Infant Death Data Files. Structural racism indicators were ratios of relative proportions of blacks to whites for these domains: electoral (registered to vote and voted; state legislature representation), employment (civilian labor …

Structural Racism And Severe Maternal Morbidity In New York State, Sze Yan Liu, Christina Fiorentini, Zinzi Bailey, Mary Huynh, Katherine Mcveigh, Deborah Kaplan

Sze Yan Liu

ABSTRACT

Objective: We examined the association between county-level structural racism indicators and the odds of severe maternal morbidity (SMM) in New York State.

Design: We merged individual-level hospitalization data from the New York State Department of Health Statewide Planning and Research Cooperative System (SPARCS) with county-level data from the American Community Survey and the Vera Institute of Justice from 2011 to 2013 (n = 244 854). Structural racism in each county included in our sample was constructed as the racial inequity (ratio of black to white population) in female educational attainment, female employment, and incarceration.ReSulT S: Multilevel logistic regression analysis …

Roi’S Can Validate Your Library’S Value, Robert H. Hu

Robert Hu

The Return-On-Investment (ROI) rate, when determined and positively proven, may be the most effective tool for marketing a library. ROI is a cost-and-benefit analysis that determines whether money spent on the library produces a positive return. Proving and communicating a library's value to its governing board or constituents is increasingly necessary for law libraries to survive and flourish. A ROI analysis may be difficult to undertake if the library works in a not-for-profit setting, and requires a set of criteria different from those used for libraries in the for-profit setting. Although the ROI is a time-consuming and difficult analysis, libraries …

International Legal Protection Of Trademarks In China, Robert H. Hu

Robert Hu

In China, the concept of intellectual property is relatively new. Chinese officials began taking steps towards trademark regulations in the 1950s, but it was not until 1982 that the first Chinese Trademark Law was enacted. Today, because of the growing global economy, China has had the highest number of trademark requests in the world for the fifth year in a row. In response to domestic and international pressures, Chinese trademark law and courts have had to adapt to the ever-changing landscape. This article first examines the development of Chinese intellectual property law through the international trademark agreements where China is …

Exploring The Relationship Between Drug And Alcohol Treatment Facilities And Violent And Property Crime: A Socioeconomic Contingent Relationship, Christopher Salvatore, Travis A. Taniguchi

Christopher Salvatore

Siting of drug and alcohol treatment facilities is often met with negative reactions because of the assumption that these facilities increase crime by attracting drug users (and possibly dealers) to an area. This assumption, however, rests on weak empirical footings that have not been subjected to strong empirical analyses. Using census block groups from Philadelphia, PA, it was found that the criminogenic impact of treatment facilities in and near a neighborhood on its violent and property crime rates may be contingent on the socioeconomic status (SES) of the neighborhood. Paying attention to both the density and proximity of facilities in …

Detecting, Preventing, And Treating Sexually Transmitted Diseases Among Adolescent Arrestees: An Unmet Public Health Need, Christopher Salvatore, Steven Belenko, Richard Dembo, Matthew Rollie, Kristina Childs

Christopher Salvatore

Studies of detained and incarcerated adolescent offenders in the United States indicate that these juveniles have an elevated risk of sexually transmitted diseases (STDs). However, many more arrestees enter the “front end” of the juvenile justice system that is detained or incarcerated, and research into the STD risk profiles and service needs of this larger group is lacking. An expansion of STD testing (including of asymptomatic youths), prevention, and treatment is needed, as is improved knowledge about gender- and race-specific services. A pilot program in Florida has shown that juvenile justice and public health systems can collaborate to implement STD …

The Emerging Adulthood Gap: Integrating Emerging Adulthood Into Life Course Criminology, Christopher Salvatore

Christopher Salvatore

The aim of this study is to provide a theoretical mechanism, the ‘emerging adulthood gap,’ to integrate emerging adulthood into the life course or developmental area of criminological theory. This paper will present the ‘what’ of the emerging adulthood gap by introducing the concept and integrating it into existing theoretical paradigms, the ‘how’ by examining how social circumstances have altered the life course leading to the evolution of emerging adulthood as a distinct stage of the life course and to the ‘emerging adulthood gap,’ and the ‘why’ of the ‘emerging adulthood gap’ by discussing the decreased level of informal social …

Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman

Christopher Salvatore

Extensive research dealing with gender-based perceptions of fear of crime has generally found that women express greater levels of fear compared to men. Further, studies have found that women engage in more self-protective behaviors in response to fear of crime, as well as have different levels of confidence in government efficacy relative to men. The majority of these studies have focused on violent and property crime; little research has focused on gender-based perceptions of the threat of bioterrorism. Using data from a national survey conducted by ABC News / Washington Post, this study contrasted perceptions of safety and fear in …

Is Emerging Adulthood Influencing Moffitt’S Developmental Taxonomy? Adding The “Prolonged” Adolescent Offender, Christopher Salvatore, Travis A. Taniguchi, Wayne Welsh

Christopher Salvatore

The study of offender trajectories has been a prolific area of criminological research. However, few studies have incorporated the influence of emerging adulthood, a recently identified stage of the life course, on offending trajectories. The present study addressed this shortcoming by introducing the "prolonged adolescent" offender, a low-level offender between the ages of 18 and 25 that has failed to successfully transition into adult social roles. A theoretical background based on prior research in life-course criminology and emerging adulthood is presented. Using data from the National Longitudinal Study of Adolescent Health analyses examined the relationship between indicators of traditional turning …

Policing A Negotiated World: A Partial Test Of Klinger’S Ecological Theory Of Policing, Christopher Salvatore, Travis A. Taniguchi

Christopher Salvatore

The primary goal of the current study is to examine a portion of Klinger’s theory. Specifically, we test the influence of organizational and environmental contextual factors, guided by Klinger’s theory, on one measure of officer vigor. To date, few studies have taken this approach to examine Klinger’s theory. The study builds on prior research that has tested aspects of Klinger’s theory and adds new analytic strategies that prior studies have not used. The results of this study have implications for both theory and practice, and they add to the growing literature examining the influence of ecological and organization factors on …

Virtual Life Sentences: An Exploratory Study, Jessica S. Henry, Christopher Salvatore, Bai-Eyse Pugh

Christopher Salvatore

Virtual life sentences are sentences with a term of years that exceed an individual’s natural life expectancy. This exploratory study is one of the first to collect data that establish the existence, prevalence, and scope of virtual life sentences in state prisons in the United States. Initial data reveal that more than 31,000 people in 26 states are serving virtual life sentences for violent and nonviolent offenses, and suggest racial disparities in the distribution of these sentences. This study also presents potential policy implications and suggestions for future research.

A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore

Christopher Salvatore

Extensive research has found that there are differences in reported levels of fear of crime and associated protective actions influenced by socio-demographic characteristics such as race and gender. Further studies, the majority of which focused on violent and property crime, have found that specific demographic characteristics influence fear of crime and protective behaviors. However, little research has focused on the influence of socio-demographic characteristics on perceptions, and protective actions in response to the threat of terrorism. Using data from the General Social Survey, this study compared individual-level protective actions and perceptions of the effectiveness of protective responses to the 9/11 …

Where Concerned Citizens Perceive Police As More Responsive To Troublesome Teen Groups: Theoretical Implications For Political Economy, Incivilities And Policing, Christopher Salvatore, Ralph B. Taylor, Christopher Kelly

Christopher Salvatore

The current investigation extends previous work on citizens' perceptions of police performance. It examines the origins of between-community differences in concerned citizens' judgments that police are responding sufficiently to a local social problem. The problem is local unsupervised teen groups, a key indicator for both the revised systemic social disorganization perspective and the incivilities thesis. Four theoretical perspectives predict ecological determinants of these shared judgments. Less perceived police responsiveness is anticipated in lower socioeconomic status (SES) police districts by both a political economy and a stratified incivilities perspective; more predominantly minority police districts by a racialized justice perspective; and in …

Spitting Bullets: Anger’S Long-Ignored Role In Reactions To Terror: An Examination Of College Students’ Fear And Anger Responses To Terrorism, Gabriel Rubin, Christopher Salvatore

Christopher Salvatore

This study seeks to capture the responses of regular Americans to explore if the role of anger in responses to terror attacks, with the goal of answering two related questions: 1) Is anger an essential emotion in public reactions to terror attacks? and 2) What are the ramifications of including anger in a model of public reactions to terrorism? This paper argues that many of the negative aspects of responses to terrorism come from the anger that terrorism invokes in victim populations. Anger elicits the desire for revenge in the victim population as well as distrust of the terrorists' co-ethnics. …

Where Did My Black Folk Go_Final_.Docx, Conrad Webster

Conrad Webster

Contemplating The Successive Prosecution Phenomenon In The Federal System, Elizabeth T. Lear

Elizabeth T Lear

Constitutional scholars have long debated the relative merits of a conduct-based compulsory joinder rule. The dialogue has centered on the meaning of the “same offence” language of the Double Jeopardy Clause, concentrating specifically on whether it includes the factual circumstances giving rise to criminal liability or applies only to the statutory offenses charged. However, the Supreme Court, in United States v. Dixon, abandoned as “unworkable” a limited conduct-based approach it had fashioned just three years before in Grady v. Corbin.

This Article does not assess the frequency with which federal authorities prosecute joinable offenses separately. While such information ultimately is …

Reinvigorating Criminal Antitrust?, D. Daniel Sokol

D. Daniel Sokol

Contemporary rhetoric surrounding antitrust in an age of populism has potential implications with regard to criminal antitrust enforcement. In areas such as resale price maintenance, monopolization, and Robinson-Patman violations, antitrust criminalization remains the law on the books. Antitrust populists and traditional antitrust thinkers who embrace a singular economic goal of antitrust push to enforce antitrust law that is already “on the books.” A natural extension of enforcement by the antitrust populists would be to advocate the use of criminal sanctions, outside of collusion, for various antitrust violations which are “on the books” but have not been used in over a …

Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol

D. Daniel Sokol

Antitrust is an important area of law and policy for most companies in the world. Having divergent rules across antitrust systems means that the same economic behavior may be treated differently depending on the jurisdiction, leading to disparate outcomes in which one jurisdiction finds illegal behavior (but the other does not) when the underlying behavior may be pro-competitive. This disparate set of outcomes creates a world in which the most stringent antitrust system may produce the global standard. As a result, if the antitrust rules applied are too rigid, they threaten to hurt consumers not merely in the jurisdiction where …

Teaching Compliance, D. Daniel Sokol

D. Daniel Sokol

Compliance is a growing field of practice across multiple areas of law. Increasingly companies put compliance risk among the most important corporate governance issues facing them. Moreover, as “JD plus” jobs proliferate, the demand for hiring both at the entry level and for former students currently in practice who are experienced in the compliance field will continue to grow. The growth in compliance jobs comes at a time in shifting demand for legal jobs for law school graduates. Traditional law firm entry level jobs at large law firms, which were the staple of on campus recruiting before 2007, have not …

Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1866, Danaya C. Wright

Danaya C. Wright

Historians of Anglo-American family law consider 1857 as a turning point in the development of modern family law and the first big step in the breakdown of coverture and the recognition of women's legal rights. In 1857, The United Kingdom Parliament ("Parliament") created a new civil court to handle all divorce and matrimonial causes, removing the jurisdiction of: the ecclesiastical courts over marital validity; the Chancery over custody of children and separate estates; the royal courts over marital property; and Parliament over full divorce. The new Divorce and Matrimonial Causes Court, a wing of the admiralty and probate courts, would …

The Property Clause: As If Biodiversity Mattered, Dale Goble

Dale Goble

No abstract provided.

The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble

Dale Goble

The political and constitutional relationship that is known as "federalism" creates boundaries that often do not correspond to resources. The anadromous salmon and steelhead of the Columbia River Basin, for example, cross several jurisdictional boundaries during their life cycle. Jurisdictional boundaries frequently contribute to poor resource planning because some actors are excluded. One traditional response to such transboundary resource difficulties has been to nationalize the problem, thus creating a forum in which all of the actors may participate. Nationalization, however, may be overinclusive when the problem is regional. An alternative that is potentially more sensitive to local concerns is found …

Who Is Isaiah 52:13-53:12 Talking About?, Barry D. Fike

Barry D. Fike

Police Integrity Lost Podcast Episode 54: Former Police Chief On Trial For Federal Hate Crime, Philip M. Stinson

Philip M Stinson

This episode of the Police Integrity Lost Podcast features an interview of Professor Phil Stinson by Matt Katz that originally aired on the PRI show The Takeaway on September 26, 2019.

Using Incentives To Increase Hiv/Aids Testing By Sex Workers: Evidence From A Randomized Field Experiment In China, Margaret Boittin

Margaret Boittin

Can incentives increase the use of HIV/AIDS testing in criminalized populations? Lawbreakers engaged in activities that place them at heightened risk of HIV/AIDS infection fear that engaging with the state to request an HIV test could increase their likelihood of incurring sanctions for violating the law. This article reports on a randomized field experiment that evaluates whether material incentives can spur lawbreakers to seek state assistance. Sex workers in Beijing, China, were randomly assigned to receive an in‐kind incentive equivalent to $1 (control group) or $15 (treatment group) for getting an HIV test. Fifteen dollars corresponds to the average amount …

The Emergence And Influence Of Transactional Practice Within Clinical Scholarship, Paul R. Tremblay

Paul R. Tremblay

This essay, in honor of the twenty-fifth anniversary of the founding of the Clinical Law Review, reflects on the gradual emergence, and the limited influence, of transactional practice within clinical scholarship as reflected by writing in the Clinical Law Review since 1994. The essay offers three observations. First, a review of the fifty or so published issues of the journal demonstrates that writing about transactional practice has increased demonstrably between 1994 and 2019. Second, that development notwithstanding, it appears that when writers, even in recent years, write about lawyering in some generalizable fashion, the examples that appear in those works …

Brief Of Amici Curiae 116 Law Librarians And 5 Law Library Organizations In Support Of Respondent, Leslie A. Street, David R. Hansen, Kyle K. Courtney

Leslie A. Street

No abstract provided.