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5 Legal Developments You May Have Missed In 2015, Donald Roth

Faculty Work Comprehensive List

Posting summarizing important, but less headline-making, developments in American law during the past year from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/5-legal-developments-you-may-have-missed-in-2015/

Anti-Inquisitorialism, David Sklansky

David A Sklansky

A broad and enduring theme of Atherican jurisprudence treats the Continental, inquisitorial system of criminal procedure as epitomizing what our system is not; avoiding inquisitorialism has long been thought a core commitment of our legal heritage. This Article examines the various roles that anti-inquisitorialism has played and continues to play in shaping our criminal process, and then it assesses the attractiveness of anti-inquisitorialism as a guiding principle of American law. The Article begins by describing four particularly striking examples of anti-inquisitorialism at work: the Supreme Court's recent reinterpretation of the Confrontation Clause; the Court's invalidation of mandatory sentencing schemes that …

Incentives To Incarcerate: Corporation Involvement In Prison Labor And The Privatization Of The Prison System, Alythea S. Morrell

Master's Projects and Capstones

The United States has the highest incarceration rate in the entire world. The United States accounts for approximately 5% of the world’s population, yet it accounts for 25% of the world’s prisoners. Not only does the United States mercilessly incarcerate its own citizens, it disproportionately incarcerates African American and Latino men. This fact on its own is disturbing; however, when it is coupled with the fact that corporations profit from and lobby for an overly aggressive and ineffective criminal justice system, makes these statistics even more horrendous. Private prison companies such as Corrections Corporation of America and GEO Group admit …

Discussion Of Antony Duff's 'Or 'Emet Lecture: Legal Philosophy Between State And Transnationalism, Antony Duff, François Tanguay-Renaud, Michael Giudice

François Tanguay-Renaud

Follow-up seminar on Antony Duff’s ‘Or ‘Emet Lecture, delivered on Thursday, March 14, 2013. Part of the Legal Philosophy Between State and Transnationalism Seminar Series. Respondents: Michael Giudice, York Philosophy and François Tanguay-Renaud, Osgoode Hall Law School.

The Transnationalization Of Truth: A Meditation On Sri Lanka And Honduras, Craig Scott

Craig M. Scott

The present article is an elaboration of the text prepared for a lecture, delivered in London, England, on Tuesday, October 19, 2010, as part of the Centre for Transnational Legal Studies’ annual Transnational Justice Lecture series. A prior version appeared as a working paper in the Osgoode CLPE Research Paper Series. The present Ethics in Action published version contains both a number of important edits and several substantive additions (notably to section III on Honduras) subsequent to the Osgoode CLPE Research Paper. The paper begins, in Section II, with general comments on a notion of “interactive diversity of knowledge” and …

The Association Between Mental Health And Violence Among A Nationally Representative Sample Of College Students From The United States, Joesph A. Schwartz, Kevin M. Beaver, J. C. Barnes

Criminology and Criminal Justice Faculty Publications

Objectives

Recent violent attacks on college campuses in the United States have sparked discussions regarding the prevalence of psychiatric disorders and the perpetration of violence among college students. While previous studies have examined the potential association between mental health problems and violent behavior, the overall pattern of findings flowing from this literature remain mixed and no previous studies have examined such associations among college students.

Methods

The current study makes use of a nationally representative sample of 3,929 college students from the National Epidemiologic Study on Alcohol and Related Conditions (NESARC) to examine the prevalence of seven violent behaviors and …

Is Incorporation Of Unauthorized Immigrants Possible? Inclusion And Contingency For Nonstatus Migrants And Legal Immigrants, Maria Lorena Cook

Maria Lorena Cook

[Excerpt] What does inclusion for nonstatus migrants look like? How do we recognize and measure inclusion for this population? How might we model inclusion for nonstatus migrants? This essay addresses these questions, drawing primarily on empirical examples from the United States and Spain. Although Spain has become a country of immigration relatively recently, both countries have received large numbers of unauthorized immigrants, especially in the early part of the 2000s. These two countries also illustrate different means of inclusion for unauthorized migrants. During most of the 2000s opportunities for the “regularization” of unauthorized migrants have arguably been greater in Spain …

Banning Bribes Abroad: Us Enforcement Of The Foreign Corrupt Practices Act, Ellen Gutterman

Osgoode Hall Law Journal

The United States has been at the forefront of international efforts to combat corruption in the global economy for almost forty years, chiefly through its Foreign Corrupt Practices Act [FCPA]. Over the past decade, US enforcement of the FCPA has surged in terms of both the number of enforcement actions and the application of increasingly expansive interpretations of jurisdiction through which to enforce the FCPA on an extraterritorial basis. Extraterritorial enforcement of the FCPA has promoted anti-corruption policies and the banning of bribes abroad, but three aspects of FCPA enforcement shape and constrain the broader goals of global anti-corruption governance …

Census-Based Socioeconomic Indicators For Monitoring Injury Causes In The Usa: A Review, Nathaniel Bell, Amanda Arrington, Swann Arp Adams

Faculty Publications

BACKGROUND:

Unlike the UK or New Zealand, there is no standard set of census variables in the USA for characterising socioeconomic (SES, socioeconomic status) inequalities in health outcomes, including injury. We systematically reviewed existing US studies to identify conceptual and methodological strengths and limitations of current approaches to determine those most suitable for research and surveillance.

METHODS:

We searched seven electronic databases to identify census variables proposed in the peer-reviewed literature to monitor injury risk. Inclusion criteria were that numerator data were derived from hospital, trauma or vital statistics registries and that exposure variables included census SES constructs.

RESULTS:

From …

Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid

University of Miami Race & Social Justice Law Review

No abstract provided.

Policing Slavery: Order And The Development Of Early Nineteenth-Century New Orleans And Salvador, Gregory K. Weimer

FIU Electronic Theses and Dissertations

My dissertation explores the development of policing and slavery in two early nineteenth-century Atlantic cities. This project engages regionally distinct histories through an examination of legislative and police records in New Orleans, Louisiana, and Salvador, Bahia. Through these sources, my dissertation holds that the development of the theories and practices that guided “public order” emerged in similar ways in these Atlantic slaveholding cities. Enslaved people and their actions played an integral role in the evolution of “good order” and its policing. Legislators created laws and institutions to police enslaved people and promote order. In these instances, local government policed slavery …

A Tale Of Two Countries' Engagement With The Fair Cross Section Right: Aboriginal Underrepresentation On Ontario Juries And The Boston Marathon Bomber's Jury Wheel Challenge, Marie Comiskey

Chicago-Kent Law Review

In both Canada and the United States, the constitutional right to a jury trial includes the right to select a jury from a representative cross-section of the jury-eligible population. This article compares and contrasts how this right has been interpreted in the two countries through the lens of recent controversies. In Part I, the article examines how the Supreme Court of Canada and the United States Supreme Court have defined the representative cross-section component of the right to a jury trial in the two respective countries. In Part II, the article focuses on the crisis of Aboriginal underrepresentation on coroner …

Preventing Juror Misconduct In A Digital World, Thaddeus Hoffmeister

Chicago-Kent Law Review

This article examines the reform efforts employed by common law countries to address internet-related juror misconduct, which generally arises when jurors use technology to improperly research or discuss a case. The three specific areas of reform are (1) punishment, (2) oversight, and (3) education. The first measure can take various forms ranging from fines to public embarrassment to incarceration. The common theme with all punishments is that once imposed, they make citizens less inclined to want to serve as jurors. Therefore, penalties should be a last resort in preventing juror misconduct.

The second reform measure is oversight, which occurs in …

The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring

Franklin E. Zimring

The article examines imprisonment within the U.S. during the 20th century and discusses what these trends portend for imprisonment during the 21st century. The author creates a scale by which imprisonment rates and criminal statistics are evaluated. Charts and graphs are used to illustrate the growth in incarceration rates that occurred progressively throughout the 20th century. Elements such as penal law, prisons being viewed as sources of capital, and more stringent criminal justice procedures are referenced as factors that have contributed to imprisonment. Empirical methods are used to examine how prison populations will change in the 21st century.

Measuring The Level Of University Student Knowledge On The U.S. Drug Policy And Harms Associated With Illicit Drug Use: A Replication Study, Ashley E. Williams

Undergraduate Honors Theses

The purpose of this thesis project is to measure the level of knowledge that university students have regarding state and national illicit drug classifications in the United States and associated penalties with these classifications, as well as the harms resulting from consuming illicit drugs. This particular study, which is to be conducted as a replication study to Higson’s campus-based study on the UK drug policy, focuses on a different campus population in regards to the U.S. drug policy. Replication studies such as these are beneficial to previous studies because such additional research will not only strengthen the findings and correct …

Should The United States Move Towards Portugal's Decriminalization Of Drugs?, Lauren Gallagher

University of Miami International and Comparative Law Review

No abstract provided.

The University, The Community, And Race, Larry Davis

Center for Social Development Research

The University, the Community, and Race

Constitutionalism And The Extreme Poor: New-Dred Scott And The Contemporary "Discrete And Insular Minorities", John A. Powell

john a. powell

This symposium issue addresses a range of questions concerning the Constitution and the poor. In this Essay, I will share some initial thoughts responsive to what has already been presented in this issue of the Drake Law Review and what was discussed during the symposium, and then I will turn to the question at hand and attempt to introduce a few new ideas into the discussion. First, I will address an issue raised by Mr. Shapiro. When I posed the question to him regarding which period, in his view, best represented an appropriate constitutional interpretation and understanding, he answered with …

Doj Clears Wilson But Excoriates Ferguson Police, Lauren Carasik

Media Presence

No abstract provided.

Reversing Stereotypes: The Good Black Man America Has Yet To Know, Alexandria Harris

Featured Research

Research has shown that the negative stereotypes of black masculinity prevalent in American public opinion are linked to negative media portrayals of African American men. Using both theming analysis and survey experiment methods, I ask whether or not positive media portrayals of African American men offset negative stereotypes of black masculinity. The central finding is that one-time exposure to positive media portrayals of African American men decrease levels of racial resentment. I then close by considering the implications the results have on media portrayals as well as opinions of ordinary citizens.

A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth

University of Richmond Law Review

No abstract provided.

Politics On A Human Scale: The American Tradition Of Decentralism (Book Review), Doug Vande Griend

Pro Rege

Reviewed Title: Politics on a Human Scale: The American Tradition of Decentralism. Lanham, Maryland: Lexington Books, 2013. 648 pp. ISBN 978-0-73918-67-49.

Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid

University of Richmond Law Review

No abstract provided.

Closing The Racial Wealth Gap: Innovative Solutions For Change, Southern Regional Asset Building Coalition

Center for Social Development Research

Closing the Racial Wealth Gap: Innovative Solutions for Change

Bridging The Interdisciplinary Divide: Co-Advancing The Pedagogy Of Environmental Justice Through A Digital Commons Initiative, Robin Evans-Agnew, Jane Compson, Chris Scott Lower

SIAS Faculty Publications

Opportunities to advance environmental justice and sustainability pedagogy in academic settings are challenged by: 1) the balkanisation of such conceptions into different academic discourses, and 2) the exclusion of community discourses outside academia. Two dominant academic discourses in environmental justice originate from either anthropocentric (human) or ecocentric (non-human) conceptualisations. An interdisciplinary undergraduate teaching project that sought to integrate such discourses and privilege the voice of the community is described. In the course of an environmental ethics class, two faculty from philosophy and nursing initiated an assignment to produce short documentary interviews and transcripts (n = 18) with community members in …

Variable Classification Of Drug-Intoxication Suicides Across Us States: A Partial Artifact Of Forensics?, Ian R H Rockett, Gerald R. Hobbs, Dan Wu, Haomiao Jia, Kurt B. Nolte, Gordon S. Smith, Sandra L. Putnam, Eric D. Caine

Faculty & Staff Scholarship

Background

The 21st-century epidemic of pharmaceutical and other drug-intoxication deaths in the United States (US) has likely precipitated an increase in misclassified, undercounted suicides. Drug-intoxication suicides are highly prone to be misclassified as accident or undetermined. Misclassification adversely impacts suicide and other injury mortality surveillance, etiologic understanding, prevention, and hence clinical and public health policy formation and practice.

Objective

To evaluate whether observed variation in the relative magnitude of drug-intoxication suicides across US states is a partial artifact of the scope and quality of toxicological testing and type of medicolegal death investigation system.

Methods

This was a national, state-based, ecological …

An Unfinished Journey: The Evolution Of Crime Measurement In The United States, Daniel J. Patten

The Hilltop Review

This article traces the history of crime measurement in the United States beginning with the U.S. census in 1790 while exploring several key pieces of history that influenced how crime is measured today. After discussing the origins of the U.S. census and its contributions to measuring crime, the Chicago School of Sociology is observed for its monumental influence on early criminology in America. Next, the division of sociology and criminal justice into two distinct fields had major implications for measuring crime. How crime is measured is often attributed to the ideological differences between these academic fields. Then, the three primary …

The Role Of Political Culture In Understanding Inconsistencies Between International And Domestic Privacy Law In France And The United States, Mallory Kruper

Senior Independent Study Theses

In evaluating the role of international law, most scholarship focuses on how international laws, treaties and courts function and are enforced. However, to best understand how international laws are created, as well as how they are internalized within individual countries’ judicial systems, it is also necessary to look at the normative side of international law. This project applies the theory of transnational legal process to examine how recognized international norms are uniquely recognized by different legal systems. More specifically, I analyze how political culture affects the level of consistency between international privacy norms and domestic law through the study of …

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya

Publications

No abstract provided.

From Prisons To Asylums, And Back : Mental Health Policy In The Age Of Neoliberalism, Michele Martin

Honors Theses

This thesis seeks to explain why rates of severe mental illness in the criminal justice system have risen steadily throughout the past three decades, despite an increasing acknowledgement of the importance of mental health to overall health. Legislative, scientific, and societal advances have aimed at increasing access to and bolstering the quality of mental health care. Yet, the large numbers of severely mentally ill persons residing in the criminal justice system imply care in the community is not adequately serving their needs, or that, for whatever reason, they are not seeking care. I begin my analysis by considering mental health …