Digital Commons Network^™

The Social Implications Of Covert Policing, Simon Bronitt, Clive Harfield, K. Michael

Clive Harfield

Police agencies have been accused of suffering from an acute form of technophilia. Rather than representing some dreadful disorder, this assessment reflects the strong imperative, both in police agencies and the wider community, that police must have access to the latest technologies of surveillance and crime detection.

The last decade has witnessed the proliferation of low-cost surveillance technologies, some developed specifically for law enforcement purposes. Technology once the preserve of the military or secret intelligence agencies is now within the reach of ordinary general duties police officers. The new generation of police recruits is highly adept at using new technologies. …

The European Court Of Human Rights Ruling Against The Policy Of Keeping Fingerprints And Dna Samples Of Criminal Suspects In Britain, Wales And Northern Ireland: The Case Of S. And Marper V United Kingdom, Katina Michael

Associate Professor Katina Michael

In England, Wales and Northern Ireland, the Police and Criminal Evidence Act 1984 (the PACE) contained powers for the taking of fingerprints, and samples in the form of deoxyribonucleic acid (DNA). In 2001, Section 64(1A) of the PACE was substituted with Section 82 of the Criminal Justice and Police Act. The change to legislation meant that a suspect of a crime would have their fingerprints and samples permanently stored on the police national computer (PNC) even after having been acquitted. This paper critically analyses the circumstances of the landmark case of S. AND MARPER V. THE UNITED KINGDOM in two …

The Social Implications Of Covert Policing, Simon Bronitt, Clive Harfield, K. Michael

Professor Katina Michael

Police agencies have been accused of suffering from an acute form of technophilia. Rather than representing some dreadful disorder, this assessment reflects the strong imperative, both in police agencies and the wider community, that police must have access to the latest technologies of surveillance and crime detection.

The last decade has witnessed the proliferation of low-cost surveillance technologies, some developed specifically for law enforcement purposes. Technology once the preserve of the military or secret intelligence agencies is now within the reach of ordinary general duties police officers. The new generation of police recruits is highly adept at using new technologies. …

Absolute Immunity: A License To Rape Justice At Will, Prentice L. White

Prentice L White

ABSOLUTE IMMUNITY: A LICENSE TO RAPE JUSTICE AT WILL BY PRENTICE L. WHITE We are all acquainted with the phrase the sanctity of marriage. We understand that the vows made by a couple at the wedding ceremony is sacrosanct, and if those vows are not taken seriously, or abused in any way, then the offending spouse will be penalized and evicted from the marital relationship. Likewise, justice should be handled in the same manner and with the same intensity. America prides itself on having the best legal system in the world. It broadcasts to all the surrounding nations that its …

The Road From S. And Marper To The Prüm Treaty And The Implications On Human Rights, K. Michael

Professor Katina Michael

This chapter investigates the implications of the S. and Marper v United Kingdom ruling by the European Court of Human Rights (ECtHR), which found that the UK Government’s current deoxyribonucleic acid (DNA) retention policy breached Article 8 of the European Convention on Human Rights (ECHR) (Council of Europe 2008). The aim of this chapter is to look beyond the changes that have been instigated in Britain, since the landmark decision by the ECtHR was made, and toward the legal and human rights implications of the sharing of DNA data across the borders of European Union member states. Of significance here …

Capital Punishments And Religious Arguments: An Intermediate Approach, Samuel J. Levine

Samuel J. Levine

Determining the place and use of capital punishment in the American legal system is a challenging affair and one that is closely associated with and determined by religion's role in American legal decision-making. Both capital punishment and religion are controversial issues, and tend to challenge legal scholars and practitioners about whether they should function together or alone as valid parts of the legal system in the United States. Professor Levine argues that religious arguments should be employed to interpret and explain American legal thought when the need or proper situation arises. He uses capital punishment as an example of how …

Chronic Early Absenteeism: Preliminary Analysis Of Kisd Public School Attendance Policies, Christine Yalda, Erica Curry Van Ee

Christine A. Yalda

No abstract provided.

Compensating The Adult Victim Of Childhood Incest: From Criminal To Constitutional Compensation, Limor Ezioni

Limor Ezioni

Adult victims of childhood incest face a multitude of problems when seeking redress from the courts: complex emotional and psychological issues, administrative difficulties in filing a complaint, the statute of limitation in civil suits, and inadequate financial compensation, to name just a few. Here we focus on the legal, moral, and philosophical dilemmas related to the question of proper punishment for the offender. Every legal system takes a different approach to this matter, often reflective of local legal/social norms. We believe that the Israeli experience can serve as springboard for research and debate on both the theoretical and practical aspects …

We Dream A World: The 2025 Vision For Black Men And Boys, Rhonda Tsoi-A-Fatt Bryant

Rhonda Tsoi-A-Fatt Bryant

No abstract provided.

(Mis)Judging Intent: The Fundamental Attribution Error In Federal Securities Law, Victor D. Quintanilla

Victor D. Quintanilla

This article examines the element of scienter (fraudulent intent) in claims of federal securities fraud under Section 10(b) of the Exchange Act and, more specifically, the U.S. Supreme Court’s decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (2007) from a social-psychological perspective. The field of social psychology has documented a pervasive phenomena—the Fundamental Attribution Error—the failure of decision-makers to consider situational explanations, including the force of environments and social and situational norms on human conduct. In light of robust social-psychological research on the Fundamental Attribution Error, legal concepts such as intent, intentionality, mens rea, and …

Cohabiting, Family And Community Stressors, Selection, And Juvenile Delinquency, Christopher Kierkus, Brian Johnson, John Hewitt

Christopher A. Kierkus

Prior research has established that children from traditional, two-parent nuclear families experience a lower risk of delinquency than children raised in alternative family structures. However, many studies have ignored the effect of parental cohabiting on delinquent development. A growing body of research suggests that cohabiting (even among biological parents) may be harmful to children. This study tests the hypothesis that cohabiting is associated with four different types of delinquent behavior. It examines two theoretical models, a family stress model and a community stress/selection model, as possible explanations of ‘‘the cohabiting effect.’’ The analysis reveals that cohabiting is generally associated with …

A Critical Race Analysis Of The Hiring Process For Head Coaches In Ncaa College Football, John N. Singer Ph.D., C. Keith Harrison Ed.D., Scott Bukstein Jd

Scott Bukstein JD

In this article, we respond to Singer’s (2005) challenge to sport management scholars to consider race-based epistemologies in conducting certain kinds of research in the field, as we use critical race theory (CRT) as a framework to analyze the Black Coaches & Administrators (BCA) Hiring Report Card (HRC) (Harrison & Yee, 2009). The BCA HRC was created as a result of the access discrimination that has historically taken place in college sport (Brooks & Althouse, 2000; Cunningham & Sagas, 2005), which has consequently contributed to the underrepresentation of racial minorities in the head coach position in college football. The HRC …

Commentary To The Recommended Principles And Guidelines On Human Rights And Human Trafficking, Anne T. Gallagher

Anne T Gallagher

Improving The Effectiveness Of The International Law Of Human Trafficking: A Vision For The Future Of The Us Trafficking In Persons Reports, Anne T. Gallagher

Anne T Gallagher

In 2000, the United States Congress passed the Victims of Trafficking and Violence Protection Act requiring its State Department to issue annual Trafficking in Persons Reports (TIP Reports) describing “the nature and extent of severe forms of trafficking in persons” and assessing governmental efforts across the world to combat such trafficking against criteria established by US law. This article examines the opportunities and risks presented by the TIP Reports, tracing their evolution over the past decade and considering their impact on the behavior of states. In looking to the future, the article focuses on how this influential unilateral compliance mechanism …

Two Steps Forward, One Step Back: The 2010 Report By The Un Special Representative On Business And Human Rights, Jernej Letnar Cernic

Jernej Letnar Černič

The relationship between human rights law and business has emerged in recent years as one of the most topical to be discussed and put on the agenda almost worldwide. The activities of corporations in this globalized environment have often served as the catalyst for human rights violations; due to the lack of institutional protection, some corporations are able to exploit regulatory lacunae and the lack of human rights protection. On 9 April 2010 Professor John Ruggie, the United Nations Special Representative of the Secretary General on human rights and transnational corporations and other business enterprises, submitted his fifth Report under …

Anti-Corruption Colonialism, A Policy Discourse Analysis Of International Anti-Corruption Projects, Francisco J. Concepción

Francisco J Concepción

This paper explores the policy discourse attached to anti-corruption law at the international arena and the colonial dimension of that discourse. The discussion will guide us to a new approach on anti-corruption policy and to develop a critical actitude towards the official international discourse on this matter.

The World Of Yaoi: The Internet, Censorship And The Global “Boys’ Love” Fandom, Mark J. Mclelland

Mark McLelland

This paper looks at the recent explosion of cultural concern over child sexual abuse and child pornography, particularly as it relates to the trading of such images via the internet. It is noted that legislation originally enacted to prohibit the sexualized representation of actual children has recently been extended to include fictional representations and in Australia includes text as well as graphics. Taking the online global fandom dedicated to ‘boys’ love’ (also known as yaoi) as an example, I argue that legislation prohibiting fictional accounts of ‘child’ sex-abuse is ill-conceived and potentially damaging to human rights and freedom of expression. …

Australia's Proposed Internet Filtering System : Its Implications For Animation, Comic And Gaming (Acg) And Slash Fan Communities, Mark J. Mclelland

Mark McLelland

This paper investigates the implications of the Australian Government’s proposed Internet filtering system in the light of Australia’s blanket prohibition of ‘child pornography’ (including cartoons, animation, drawings, digitally manipulated photographs, and text) for Australian fan communities of ACG and slash. ACG/slash fan groups in Australia and elsewhere routinely consume, produce and disseminate material containing ‘prohibited content’ (i.e. featuring fictitious ‘under-age’ characters in violent and sexual scenarios). Moreover, a large portion of the fans producing and trading in these images are themselves ‘under age’. Focusing specifically upon the overwhelmingly female fandom surrounding Japanese ‘Boys’ Love’ (BL) manga, the paper argues that …

Studying Japanese Law Because It's There, Tom Ginsburg

Tom Ginsburg

No abstract provided.

Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari E. Waldman

Ari E Waldman

This article identifies logical and due process errors in cases involving HIV-related aggravated assaults, which usually involve an HIV-positive individual having unprotected sex without disclosing his or her HIV status. While this behavior should not be encouraged, this paper suggests that punishing this conduct through a charge of aggravated assault – which requires a showing that the defendant’s actions were a means likely to cause grievous bodily harm or death – is fraught with fallacies in reasoning and runs afoul of due process. Specifically, some courts use the rule of thumb that HIV can possibly be transmitted through bodily fluids …

A Preliminary Evaluation: Demographic And Clinical Profiles And Changes In Functioning In Children Receiving Psychosocial Rehabilitation, Bonnie L. Davis Kenaley, Nathaniel J. Williams

Bonnie Kenaley

The present study is the first to examine the demographic and clinical profiles at intake of children with emotional disturbances who received Child Psychosocial Rehabilitation (CPSR), a relatively new treatment for children suffering with emotional disturbance(ED). Fifty-three children ranging in age from 4 to 18 years received CPSR from a for-profit outpatient child and adolescent mental health clinic located in southwestern Idaho for a minimum of six months. The children's demographic and clinical profiles were examined. In addition, the relationship between the relative change in psychological, emotional, and behavioral functioning as measured by CAFAS (Hodges, 1989, 1994) and PECFAS (Hodges, …

Beyond Spanish For Business: Teaching Marketing Issues In The Spanish-Speaking World, Nina M. Ray

Nina M. Ray

No abstract provided.

Ca. Gov't Code §11135: A Challenge To Contemporary State-Funded Discrimination, Danfeng S.V. Koon

Danfeng S.V. Koon

Racially disproportionate outcomes persist in our schools, hospitals, courts, and neighborhoods. While some of these disparities stem from historical inequalities, socio-economic differences, and individual behavior, considerable racial disparities persist, even after holding these factors constant. These disparities are particularly troubling because they are attributable to the unconscious biases embedded in the policies and practices of our public institutions and represent the most pernicious form of contemporary discrimination. This article argues that unlike other disparities, these “super disparities,” can and must be legally redressed. While federal redress for state-funded disparate impacts has been largely foreclosed after Alexander v. Sandoval, California Government …

Extreme Measures: Does The United States Need Preventive Detention To Combat Domestic Terrorism?, Diane Webber

Diane Webber

The paper examines current methods of preventive detention in the United States, that is the detaining of a suspect on home soil to prevent a terrorist attack. This paper looks at two recent events: the Fort Hood shootings and a preventive arrest in France, to consider problems in combating terrorist crimes on U.S. soil. I demonstrate that U.S. law as it now stands, with some limited exceptions, does not permit detention to forestall an anticipated domestic terrorist crime. After reviewing and evaluating the way in which France, Israel and the United Kingdom use forms of preventive detention to thwart possible …

The Right To An Effective Remedy For Victims Of Trafficking In Persons: A Survey Of International Law And Policy, Anne T. Gallagher

Anne T Gallagher

Remedies are a critical aspect of the international legal response to trafficking, confirming the status of trafficked persons as victims of crime and victims of human rights abuse. Over the past decade, States and the international community have come to better understand the true consequences of trafficking – an essential prerequisite to consensus on what constitutes ‘effective” and “appropriate’ remedies for trafficking-related harm. There have also been great improvements in the articulation and acceptance of legal obligations owed by States to prevent and respond to such harm. Unfortunately, and despite this important progress, victims of trafficking very rarely receive the …

Sunday Liquor Laws And Crime, Paul Heaton

Paul Heaton

Many jurisdictions have considered relaxing Sunday alcohol sales restrictions, yet such restrictions' effects on public health remain poorly understood. This paper analyzes the effects of legalization of Sunday packaged liquor sales on crime, focusing on the phased introduction of such sales in Virginia beginning in 2004. Differences-in-differences and triple-differences estimates indicate the liberalization increased minor crime by 5% and alcoholinvolved serious crime by 10%. The law change did not affect domestic crime or induce significant geographic or inter-temporal crime displacement. The costs of this additional crime are comparable to the state's revenues from increased liquor sales.

Service Use And Costs For Persons Experiencing Chronic Homelessness In Philadelphia: A Population-Based Study, Stephen R. Poulin Ph.D, Marcella Maguire Ph.D, Stephen Metraux Ph.D, Dennis P. Culhane Ph.D

Stephen Metraux

No abstract provided.

Service Use And Costs For Persons Experiencing Chronic Homelessness In Philadelphia: A Population-Based Study, Stephen R. Poulin, Marcella Maguire, Stephen Metraux, Dennis P. Culhane

Dennis P. Culhane

Objective: This study is the first to examine the distribution of service utilization and costs with a population-based sample that experienced chronic homelessness in sheltered and unsheltered locations in a large U.S. city. Methods: This study used shelter and street outreach records from a large U.S. city to identify 2,703 persons who met federal criteria for chronic homelessness during a three-year period. Identifiers for these persons were matched to administrative records for psychiatric care, substance abuse treatment, and incarceration. Results: Twenty percent of the persons who incurred the highest costs for services ccounted for 60% of the total service costs …

Drafting New York Civil-Litigation Documents: Part Iii—The Complaint, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Off The Roads & Out Of The Courts: Enter A Technology Fix For Drunk Driving, Nora J. Pasman-Green

Nora J. Pasman-Green

More than 1.4 million people are arrested annually for drunk driving, a crime that results in over 10,000 fatalities, more than 225,000 non-fatal injuries, and economic costs exceeding $50 billion. Drunk driving has become a major public health problem. This article traces development of the technology – the alcohol ignition interlock – which prevents drunk drivers from operating their vehicles. Ongoing research is underway to equip new automobiles with alcohol detection devices as standard equipment. The article explores the possibility of eliminating drunk driving once all vehicles are manufactured with pre-market interlocks installed. The article examines the impact of current …