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San Jose State University

2018

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Articles 1 - 30 of 37

Full-Text Articles in Law

Delineating Victims From Perpetrators: Prosecuting Self-Produced Child Pornography In Youth Criminal Justice Systems, Bryce Westlake Oct 2018

Delineating Victims From Perpetrators: Prosecuting Self-Produced Child Pornography In Youth Criminal Justice Systems, Bryce Westlake

Faculty Publications

Video recording technology advancements and accessibility has been paralleled by a growth in self-produced child pornography (SPCP). Although social and judicial attention has been given to instances of teenage sexting, Internet-based forms of SPCP, such as webcam/website sex tourism, have almost been ignored. While some of the proposed legislation reform has referenced video-based SPCP, the majority has focused on SPCP distributed through cellular phones; excluding that which is manifested online or through entrepreneurial efforts. The purpose of this article is to introduce non-sexting SPCP, using the case study of Justin Berry (in the United States), and to propose a broad …


Front Matter (Letter From The Editor, Masthead, Etc.) Aug 2018

Front Matter (Letter From The Editor, Masthead, Etc.)

The Contemporary Tax Journal

No abstract provided.


Analysis Of The Head Of Household Filing Status, Chau Le Aug 2018

Analysis Of The Head Of Household Filing Status, Chau Le

The Contemporary Tax Journal

No abstract provided.


Summaries For The 33rd Annual Tei-Sjsu High Tech Tax Institute, Silin Chen, June Hostetter, Sahdia Saiara, Jessica Wong, Cherry Zheng Aug 2018

Summaries For The 33rd Annual Tei-Sjsu High Tech Tax Institute, Silin Chen, June Hostetter, Sahdia Saiara, Jessica Wong, Cherry Zheng

The Contemporary Tax Journal

No abstract provided.


Becker Cpa Exam Review Aug 2018

Becker Cpa Exam Review

The Contemporary Tax Journal

No abstract provided.


The Contemporary Tax Journal's Interview With Mr. Eric Ryan, Sara (Yaqin) Sun Aug 2018

The Contemporary Tax Journal's Interview With Mr. Eric Ryan, Sara (Yaqin) Sun

The Contemporary Tax Journal

No abstract provided.


The Contemporary Tax Journal Volume 7, No. 2 – Summer 2018 Aug 2018

The Contemporary Tax Journal Volume 7, No. 2 – Summer 2018

The Contemporary Tax Journal

No abstract provided.


Mass Incarceration: Slavery Renamed, Samantha Pereira May 2018

Mass Incarceration: Slavery Renamed, Samantha Pereira

Themis: Research Journal of Justice Studies and Forensic Science

This paper aims to analyze the connections between slavery and mass incarceration. It begins by giving background information regarding the topic and setting the framework to argue that slavery was never abolished, but was instead continued using mass incarceration. The paper then goes on to further explain this concept by examining the constitutional and judicial laws in the United States, slave plantations and prisons, with regard to geographical, architectural, and operational design, and finally, the role of society in both systems. The framework for continuing slavery was set with the passing of the 13th Amendment and has since been expanded …


Trans Women In Incarceration: Housing, Healthcare, And Humanity, Stanislaw Bielous May 2018

Trans Women In Incarceration: Housing, Healthcare, And Humanity, Stanislaw Bielous

Themis: Research Journal of Justice Studies and Forensic Science

This paper seeks to analyze the experience of male-to-female transgender inmates housed in men’s prisons and to propose housing and healthcare policies with humanity and safety for all in mind. To do this, the paper examines gender dysphoria and its treatments, transgender prisoners’ increased risk of victimization, current housing placement policies, and lastly, transgender prison healthcare practices. Ultimately, this paper proposes the use of fair and adequately trained panel-based placement teams, the provision of comprehensive mental and physical health care and the establishment of impartial grievance procedures.


The Victimization Of The Misconceived: The Mentally Ill In The Criminal Justice System, Margarita Trejo May 2018

The Victimization Of The Misconceived: The Mentally Ill In The Criminal Justice System, Margarita Trejo

Themis: Research Journal of Justice Studies and Forensic Science

It is unfortunate to say that the number of people who suffer from a serious mental illness has been drastically increasing in the criminal justice system since the late 1960s. This drastic change has captivated the minds of the public, forced them to develop a fallacious stereotype, and labeled the mentally ill population as wrongdoers. This image, however, is inaccurate. In reality, these people are the victims of a broken system. This paper establishes the victimization that a person with a serious mental illness experiences as they are processed through the criminal justice system. The following elaborates how victimization is …


Medical Apartheid: A Book Review, Carmen Kennedy May 2018

Medical Apartheid: A Book Review, Carmen Kennedy

Themis: Research Journal of Justice Studies and Forensic Science

No abstract provided.


Officer-Involved Domestic Violence: The Mediating Factors, Isaac Baron May 2018

Officer-Involved Domestic Violence: The Mediating Factors, Isaac Baron

Themis: Research Journal of Justice Studies and Forensic Science

Domestic and family violence has been a critical issue in contemporary society. Efforts have been made in researching the causes, effects, and mediating factors of domestic violence in relation to the workplace. Studies demonstrate that a relationship between conflict crossing over from the work to the home environment exist. Additional studies demonstrate that domestic violence does affect the workplace; however, there is little to no scientific data on the reverse relationship. The reverse relationship regards whether the workplace affects the occurrence of domestic violence. This research paper will dive into this topic, and on the lack of data available. Supporting …


Domestic And International Firearm Laws: Can Implementation Be Used To Nationally Decrease Firearm Violence And Mass Shootings, Kenneth Banuelos May 2018

Domestic And International Firearm Laws: Can Implementation Be Used To Nationally Decrease Firearm Violence And Mass Shootings, Kenneth Banuelos

Themis: Research Journal of Justice Studies and Forensic Science

The issue of firearm violence in the United States is highly controversial, as there are sound arguments on both sides of the discussion. Advocates of stricter gun laws often refer to both international and domestic examples that highlight the effectiveness of more restrictive firearm policies. Japan and Australia are two such countries that are continually referred to when a tragedy, such as a mass shooting, occurs in the United States and initial reactions often emphasis a need for fewer guns in the general public. Opposition to the proposed reforms of firearm policies cite the importance of the Second Amendment which …


Increasing Police Accountability And Improving Use Of Force Policies In The United States, Leica Kwong May 2018

Increasing Police Accountability And Improving Use Of Force Policies In The United States, Leica Kwong

Themis: Research Journal of Justice Studies and Forensic Science

Communities, and their respective police departments, have significant impacts on the social and legal matters they are involved with, making it crucial for both parties to strive to maintain strong, collaborative relationships. Positive interactions between police and the public are therefore extremely vital and beneficial to all involved. Police officers should be held accountable for their transgressions and subject to transparency for their on-duty actions through legal records. Several issues lie in the policies and procedures which requires more attention in its analysis. Changing policies and procedure in the United States regarding police use of force to remedy inconsistencies calls …


Lacking Regulated Policy For Dna Evidence, Maia Lister May 2018

Lacking Regulated Policy For Dna Evidence, Maia Lister

Themis: Research Journal of Justice Studies and Forensic Science

Despite its strong presence in criminal justice, DNA analysis is still a minimally regulated area. This minimal regulation devalues DNA evidence through the inconsistencies in these areas. The analysis methods of low template DNA lack a uniform method resulting in varying levels of reliability. Utilizing familial searches to assist in criminal investigations can potentially violate citizen rights. Such violations can also be found in the collection of DNA samples before an arrestee is tried or convicted. There are, however, regulations that could be applied universally to combat the problems that were discussed.


Us China Trade Dispute Over Intellectual Property, Mozi Luo May 2018

Us China Trade Dispute Over Intellectual Property, Mozi Luo

Master's Projects

How have Section 301 investigations impacted trade relations between China and the U.S. in clean energy area, and between Japan and the U.S. in semiconductor and auto part areas, and does the impact provide a guide for the possible outcome of the upcoming Section 301 investigation of China?

After President Donald Trump’s memorandum on August 14, 2017 stating that China’s behavior regarding intellectual property rights (IPR) and the high technology industries adversely influences the U.S. economy, the United States Trade Representative (USTR) declared the initiation of a section 301 investigation of China on the topic of technology transfer and intellectual …


California Redevelopment 2.0: Implementation Of Community Revitalization And Investment Authorities, Christopher Hoem May 2018

California Redevelopment 2.0: Implementation Of Community Revitalization And Investment Authorities, Christopher Hoem

Master's Projects

This research aims at revealing the challenges and opportunities in implementing Community Revitalization and Investment Authorities (CRIAs) in California.

This study will focus on the implementation of CRIAs, but it is worth examining alternative economic development tools to draw comprehensive comparisons and understand their advantages and disadvantages.

Understanding economic development tools may be valuable for the commercial and industrial growth and prosperity of cities and local governments. It may also be important to increase the number of affordable housing units in an area. Businesses and low-income families alike share the benefits of successful redevelopment. It may be possible to reveal …


The Validity Of Validity In Debra P.: Judicial And Psychometric Perspectives On Test Consequences, Charles Olney, Brent Duckor Apr 2018

The Validity Of Validity In Debra P.: Judicial And Psychometric Perspectives On Test Consequences, Charles Olney, Brent Duckor

Faculty Publications

We explore the uses and functions of ‘validity’ as a boundary marker between legal theory and psychometrics. Standardized testing regimes rely on experts to articulate the limits of validity. When challenged in courts, these limits become the subject of contestation, requiring practitioners to litigate the validity of validity. This process generates significant discontinuities, resulting from different conceptual relationships to the idea of validity. Through a qualitative textual analysis of specific case law and a quantitative examination of Lexis-Nexis database archives, we trace how legal reasoning elides new developments in psychometric research that would broaden and enrich judicial treatments while showing …


An Intelligence Dictionary Offering "Success Before Work," Review, Intelligence And Information Policy For National Security, Gary T. Marx Feb 2018

An Intelligence Dictionary Offering "Success Before Work," Review, Intelligence And Information Policy For National Security, Gary T. Marx

Secrecy and Society

No abstract provided.


Review, Doom Towns: The People And Landscapes Of Atomic Testing, A Graphic History, Susan Maret Feb 2018

Review, Doom Towns: The People And Landscapes Of Atomic Testing, A Graphic History, Susan Maret

Secrecy and Society

No abstract provided.


Review, The New Era Of Secret Law, Patrice Mcdermott Feb 2018

Review, The New Era Of Secret Law, Patrice Mcdermott

Secrecy and Society

In a recent Brennan Center report, The New Era of Secret Law, Elizabeth (Liza) Goitein articulates, examines, and evaluates the claims for and objections to secret law. Under this banner, the report includes any law that is withheld from the public, regardless of whether it may be shared among agencies or with certain members or committees of Congress.” Goitein’s underlying goal is to propose procedural and substantive reforms. Secret Law is a deeply-researched and highly valuable policy brief with an aim of making specific policy recommendations. And readable to boot.


Joint Declaration On Freedom Of Expression And “Fake News,” Disinformation, And Propaganda, Mickey Huff Feb 2018

Joint Declaration On Freedom Of Expression And “Fake News,” Disinformation, And Propaganda, Mickey Huff

Secrecy and Society

No abstract provided.


Latent Semantic Analysis: A Big Data Opportunity For Tax Research, Paul D. Hutchison Ph.D., C. Elizabeth Plummer Ph.D., Cpa, Benjamin George Ph.D. Feb 2018

Latent Semantic Analysis: A Big Data Opportunity For Tax Research, Paul D. Hutchison Ph.D., C. Elizabeth Plummer Ph.D., Cpa, Benjamin George Ph.D.

The Contemporary Tax Journal

No abstract provided.


Tax Treatment Of High-Tech Start-Up Costs, June (Yun) Hostetter Cpa Feb 2018

Tax Treatment Of High-Tech Start-Up Costs, June (Yun) Hostetter Cpa

The Contemporary Tax Journal

No abstract provided.


Summaries For The 2017 Irs-Sjsu Small Business Tax Institute, Ruchi Chopra Cpa, Mba, Ophelia Ding, Surbhi Doshi, Nilesh Lad Cpa, Sara Yaqin Sun Feb 2018

Summaries For The 2017 Irs-Sjsu Small Business Tax Institute, Ruchi Chopra Cpa, Mba, Ophelia Ding, Surbhi Doshi, Nilesh Lad Cpa, Sara Yaqin Sun

The Contemporary Tax Journal

No abstract provided.


Analysis Of H.R.2802 - 115th Congress (2017-2018) First-Time Homebuyer Savings Account Act Of 2017, Shimiao Gong, Xiaotong Stella Li, Ling Wei, Pingrong Xue Feb 2018

Analysis Of H.R.2802 - 115th Congress (2017-2018) First-Time Homebuyer Savings Account Act Of 2017, Shimiao Gong, Xiaotong Stella Li, Ling Wei, Pingrong Xue

The Contemporary Tax Journal

No abstract provided.


Analysis Of S.1352 - 115th Congress (2017-2018) Apprenticeship And Jobs Training Act Of 2017, Veena Hemachandran, Katrina Jodrey, George (Peixuan) Liu, Leigh Ann Moore Feb 2018

Analysis Of S.1352 - 115th Congress (2017-2018) Apprenticeship And Jobs Training Act Of 2017, Veena Hemachandran, Katrina Jodrey, George (Peixuan) Liu, Leigh Ann Moore

The Contemporary Tax Journal

No abstract provided.


Who Truly Benefits From The Mortgage Interest Deduction?, Stephen Wildt Mba Feb 2018

Who Truly Benefits From The Mortgage Interest Deduction?, Stephen Wildt Mba

The Contemporary Tax Journal

No abstract provided.


R&D Credit Against Payroll Tax Liabilities - The Payroll Tax Credit, Sarah Yaqin Sun Feb 2018

R&D Credit Against Payroll Tax Liabilities - The Payroll Tax Credit, Sarah Yaqin Sun

The Contemporary Tax Journal

No abstract provided.


The Contemporary Tax Journal Volume 7, No. 1 - Winter 2018 Feb 2018

The Contemporary Tax Journal Volume 7, No. 1 - Winter 2018

The Contemporary Tax Journal

No abstract provided.