Digital Commons Network^™

Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, James G. Dwyer

Faculty Publications

No abstract provided.

Ehearsay, Jeffrey Bellin

Faculty Publications

No abstract provided.

Biometric Id Cybersurveillance, Margaret Hu

Faculty Publications

The implementation of a universal digitalized biometric ID system risks normalizing and integrating mass cybersurveillance into the daily lives of ordinary citizens. ID documents such as driver’s licenses in some states and all U.S. passports are now implanted with radio frequency identification (RFID) technology. In recent proposals, Congress has considered implementing a digitalized biometric identification card—such as a biometric-based, “high-tech” Social Security Card—which may eventually lead to the development of a universal multimodal biometric database (e.g., the collection of the digital photos, fingerprints, iris scans, and/or DNA of all citizens and noncitizens). Such “hightech” IDs, once merged with GPS-RFID tracking …

Mental Health, Substance Use, And Delinquency Among Truant Youth In A Brief Intervention Project: A Longitudinal Study, Richard Dembo, Rhissa Briones-Robinson, Kimberly Barrett, Ken C. Winters, James Schmeidler, Rocío Aracelis Ungaro, Lora Karas, Steven Belenko, Laura Gulledge

Faculty Publications

The relationship between substance use, mental health disorders, and delinquency among youth is well documented. What has received far less attention from researchers is the relationship between these issues among truant youth, in spite of studies that document truants are a population at risk for negative outcomes. This study bridges this gap by (a) examining psychosocial functioning and delinquency among truants and (b) assessing the efficacy of a brief intervention (BI) in reducing delinquent behavior over time. To meet these objectives, data were collected from 183 truant youth enrolled in an ongoing National Institute on Drug Abuse (NIDA)-funded BI project. …

The Normative & Historical Cases For Proportional Deportation, Angela M. Banks

Faculty Publications

Is citizenship status a legitimate basis for allocating rights in the United States?

In immigration law the right to remain in the United States is significantly tied to citizenship status. Citizens have an absolutely secure right to remain in the United States regardless of their actions. Noncitizens’ right to remain is less secure because they can be deported if convicted of specific criminal offenses. This Article contends that citizenship is not a legitimate basis for allocating the right to remain. This Article offers normative and historical arguments for a right to remain for noncitizens. This right should be granted to …

A Primer On Criminal Child Abuse And Neglect Law, Douglas E. Abrams

Faculty Publications

No abstract provided.

Order, Technology And The Constitutional Meanings Of Criminal Procedure, Thomas P. Crocker

Faculty Publications

No abstract provided.

A Quantity-Driven Solution To Aggregate Grouping Under The U.S. Sentencing Guidelines Manual, Kevin Bennardo

Faculty Publications

No abstract provided.

School Bullying Victimization As An Educational Disability, Douglas E. Abrams

Faculty Publications

Parts I and II of this essay urge school authorities, parents, and other concerned citizens to perceive bullying victimization as a disability that burdens targeted students. Since 1975, the federal Individuals with Disabilities Education Act (IDEA) has guaranteed “full educational opportunity to all children with disabilities” in every state. The IDEA reaches both congenital disabilities and disabilities that, like bullying victimization, stem from events or circumstances unrelated to biology or birth. To set the context for perceiving bullying victimization as an educational disability, Part I describes the public schools' central role in protecting bullied students, and then briefly discusses the …

Two Truths And A Lie: Stories At The Juncture Of Teen Sex And The Law, Michelle Oberman

Faculty Publications

Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the …

Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else, Paul Marcus

Faculty Publications

No abstract provided.

The First Day Of Criminal Law: Forgetting Everything You Thought You Already Knew, Kami Chavis Simmons

Faculty Publications

Whether from the media or the seemingly endless rotation of Law and Order episodes, many students enter law school with a great deal of knowledge about important concepts that dominate Criminal Law, including murder, manslaughter, conspiracy, self-defense, or insanity. This familiarity with criminal law presents a dual challenge for students and professors alike. First, as future lawyers, they must force themselves to think critically about these familiar topics, and despite their basic knowledge of the criminal justice system, students quickly learn that there is much more to criminal law than meets the eye. Second, part of this critical analysis requires …

Physician Participation In Executions, The Morality Of Capital Punishment, And The Practical Implications Of Their Relationship, Paul J. Litton

Faculty Publications

Evidence that some executed prisoners suffered excruciating pain has reinvigorated the ethical debate about physician participation in lethal injections. In widely publicized litigation, death row inmates argue that the participation of anesthesiologists in their execution is constitutionally required to minimize the risk of unnecessary suffering. For many years, commentators supported the ethical ban on physician participation reflected in codes of professional medical organizations. However, a recent wave of scholarship concurs with inmate advocates, urging the law to require or at least permit physician participation.

Overcharging, Kyle Graham

Faculty Publications

The prosecutors in several recent high-profile criminal cases have been accused of “overcharging” their quarry. These complaints have implied — and sometimes expressly asserted — that by “overcharging,” the prosecutors engaged in socially undesirable, illegitimate, and even corrupt behavior. United States Supreme Court Justice Antonin Scalia also weighed in on the “overcharging” phenomenon not long ago, describing this practice as a predictable though regrettable aspect of modern plea bargaining.

Unfortunately, many of these commentators either have failed to explain precisely what they meant by “overcharging,” or have used the same word to describe different types of charging practices. The various …

Non-Market Values In Family Businesses, Benjamin Means

Faculty Publications

Despite the economic importance of family businesses, legal scholarship has often overlooked their distinctive character. Instead, scholars focus on the chosen form of business organization — partnership, corporation, LLC — and assume that the participants are economically rational actors who seek to maximize their individual preferences. This Article contends that family businesses are an extension of family relationships and that non-market values affect their goals and governance choices.

Just as family law scholars have shown that contract principles can be applied to regulate intimate relationships, corporate law scholars should recognize that the intimacy of family life often substitutes for arms-length …

Speaking Politely, Kindly, And Beautifully: Ideologies Of Politeness In Japanese Business Etiquette Training, Cynthia Dickel Dunn

Faculty Publications

In recent years, politeness theory has increasingly focused on speakers’ own conceptualizations of polite behavior, viewing politeness concepts as a type of language ideology. This article examines the construction of Japanese politeness concepts in the business etiquette training provided for new employees in Japanese companies. Drawing on participant-observation of business etiquette seminars offered by five training companies, it analyzes how employees are taught to show deference through appropriate honorific use, to speak in ways which are seen as kind or considerate, and to speak and move in ways the instructors define as ‘beautiful.’ The analysis demonstrates how etiquette training conflates …

Counting The Economic Costs And Policy Implications Associated With Divorce: Texas As A Case Study, David G. Schramm, Steven M. Harris, Jason B. Whiting Phd, Alan J. Hawkins, Matt Brown, Rob Porter

Faculty Publications

Although many adults and children are resilient after divorce, it is common for marital breakups to precipitate the need for government assistance for families who had been self-sufficient. This study focuses on the economic costs of divorce associated with means-tested welfare programs in Texas, which fall into five central areas: medical assistance; cash assistance; food assistance; housing, energy, and utility assistance; and child care and development assistance. The study estimated that Texas spends at least $3.18 billion on divorce and its related consequences each year, accounting for approximately 12% of the total Texas budget in 2008. These results reinforce the …

Dissent Into Confusion: The Supreme Court, Denialism, And The False “Scientific” Controversy Over Shaken Baby Syndrome, Joelle A. Moreno, Brian Holmgren

Faculty Publications

No abstract provided.

Does Living By The Sword Mean Dying By The Sword?, Charles Chernor Jalloh

Faculty Publications

What do serial killer Ted Bundy, 9/11 terrorist Zacarias Moussaoui and alleged “Butcher of the Balkans” Slobodan Milošević have in common? Besides being accused of perpetrating some of the worst crimes known to law, they each insisted on representing themselves in court without the assistance of a lawyer. Not surprisingly, Bundy and Moussaoui were convicted. And although Milošević died just before trial judgment was rendered, it is widely speculated that he too would have been convicted by the International Criminal Tribunal for the former Yugoslavia. This article examines the right to self-representation in international criminal law. Using a comparative law …

Provisional Arrest And Incarceration In The International Criminal Tribunals, Charles Chernor Jalloh, Melinda Taylor

Faculty Publications

This article examines the widely ignored but important issue regarding the provisional arrest and detention of persons suspected of having committed international crimes by international or internationalized courts. The paper examines the pioneer case law and practice of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon, as well as the emerging practice of the permanent International Criminal Court, to evaluate how these courts have generally addressed the rights of these individuals to due process and freedom from arbitrary arrest and detention before …

Potential Innocence: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller

Faculty Publications

No abstract provided.

School Discipline Reform: Incorporating The Supreme Court's "Age Matters" Jurisprudence, Barbara A. Fedders, Jason Langberg

Faculty Publications

No abstract provided.

School-Based Legal Services As A Tool In Dismantling The School-To-Prison Pipeline And Achieving Educational Equity, Barbara A. Fedders, Jason Langberg

Faculty Publications

No abstract provided.

The Global Chase: Seeking The Recognition And Enforcement Of The Lago Agrio Judgment Outside Of Ecuador, Manuel A. Gómez

Faculty Publications

No abstract provided.

Limitations (A Response To Judge Posner), Chad M. Oldfather

Faculty Publications

In his article Judicial Opinions and Appellate Advocacy in Federal Courts - One Judge's Views, Judge Richard Posner urges his judicial colleagues to be mindful of their limitations ­- the limitations of his knowledge of the law, the limitations of his knowledge of the case at hand, the limitations of his knowledge of the real-world context of the case, and the limitations (or distortions) of his thinking that result from the biases that all judges bring to judging.

This essay, part of a symposium devoted to Judge Posner's article, seeks both to amplify this insight, in part by suggesting that …

Mass Incarceration In Three Midwestern States: Origins And Trends, Michael M. O'Hear

Faculty Publications

This Article considers how the mass incarceration story has played out over the past forty years in three medium-sized, Midwestern states, Indiana, Minnesota, and Wisconsin. The three stories are similar in many respects, but notable differences are also apparent. For instance, Minnesota’s imprisonment rate is less than half that of the other two states, while Indiana imprisons more than twice as many drug offenders as either of its peers. The Article seeks to unpack these and other imprisonment trends and to relate them to crime and arrest data over time, focusing particularly on the relative importance of violent crime and …

Not Just Kid Stuff? Extending Graham And Miller To Adults, Michael M. O'Hear

Faculty Publications

The United States Supreme Court has recently recognized new constitutional limitations on the use of life-without-parole (LWOP) sentences for juvenile offenders, but has not clearly indicated whether analogous limitations apply to the sentencing of adults. However, the Court’s treatment of LWOP as a qualitatively different and intrinsically more troubling punishment than any other sentence of incarceration does provide a plausible basis for adults to challenge their LWOP sentences, particularly when they have been imposed for nonviolent offenses or on a mandatory basis. At the same time, the Court’s Eighth Amendment reasoning suggests some reluctance to overturn sentencing practices that are …

Violence Prevention In Middle School: A Preliminary Study, Wendy K. Killam, Catherine B. Roland, Bill Weber

Faculty Publications

Violence in schools continues reflecting violence within society. There is a growing need for violence prevention programs within the schools that provide students with the skills needed to cope with interpersonal and relationship is-sues effectively. This study was conducted at a middle school and there were 345 middle school students (6th to 8th grade) who participated in the study. The students participated in a violence prevention program. In this study, the researchers used a pre-test/post-test design and the results indicated that there were some changes in attitudes towards violence that occurred after the intervention.

Blanket Retroactive Amelioration: A Remedy For Disproportionate Punishments, S. David Mitchell

Faculty Publications

While statutes determine the conditions under which an individual is to be held accountable for their actions and identifies the punishment that shall attach to that conduct, they are not engraved in stone. Laws can and are changed. Legislatures will revisit whether a penalty is too harsh (or too lenient), and amend an existing statute to reflect the legislature’s evaluation of what is contemporaneously appropriate. This re-evaluation of a statutory punishment is ongoing assessment to determine whether the punishment is proportional to the conduct. Blanket retroactive amelioration allows society to correct overly harsh, overreactions and to restore the balance between …

Freeing Morgan Freeman: Expanding Back-End Release Authority In American Prisons, Frank O. Bowman Iii

Faculty Publications

This article, written for a symposium hosted by the Wake Forest Journal of Law & Policy on “Finality in Sentencing,” makes four arguments, three general and one specific. First, the United States incarcerates too many people for too long, and mechanisms for making prison sentences less “final” will allow the U.S. to make those sentences shorter, thus reducing the prison population surplus. Second, even if one is agnostic about the overall size of the American prison population, it is difficult to deny that least some appreciable fraction of current inmates are serving more time than can reasonably be justified on …