Paved With Good Intentions: Title Ix Campus Sexual Assault Proceedings And The Creation Of Admissible Victim Statements,
2016
Golden Gate University School of Law
Paved With Good Intentions: Title Ix Campus Sexual Assault Proceedings And The Creation Of Admissible Victim Statements, Sara F. Dudley
Golden Gate University Law Review
This Comment argues that campuses should, in the course of their Title IX proceedings, ensure that anyone who takes a potentially admissible statement from a survivor has received trauma-informed interview training. Trauma-informed interviewing acknowledges the physiological effect of trauma on survivors, the impact that it can have on their ability to recall facts and details, and the limits and possibilities of obtaining information from such witnesses. In addition, campuses should limit the number of individuals who take statements from survivors and record the victim’s statements. These improvements will create statements of higher evidentiary quality. It will also mitigate the emotional …
Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them,
2016
Selected Works
Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, Darby Dickerson
Darby Dickerson
No abstract provided.
Managing Fear-Based Derogation In Murder Trials,
2016
Notre Dame Law School
Managing Fear-Based Derogation In Murder Trials, John Rafael Perez
Journal of Legislation
No abstract provided.
No Drop Prosecution & Domestic Violence: Screening For Cooperation In The City That Never Speaks,
2016
Brooklyn Law School
No Drop Prosecution & Domestic Violence: Screening For Cooperation In The City That Never Speaks, Allessandra Decarlo
Journal of Law and Policy
Throughout history, domestic violence has been infamously kept behind closed doors and outside of our legislature. It was not until the 1960s, due to the efforts of the battered women’s movement, that the U.S. government began to address domestic violence as a social ill and offered protection to victims through statutes and policies in both State and Federal capacities. This note elaborates on one such policy, known as a “No-Drop” policy, which has been implemented by prosecutor’s offices throughout New York City’s five boroughs, as a mechanism to aggressively combat domestic violence. “No- Drop” policies allow prosecutors to vigorously prosecute …
Potholes: Dui Law In The Budding Marijuana Industry,
2016
Brooklyn Law School
Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg
Brooklyn Law Review
The rapid legalization of marijuana across the United States has produced a number of novel legal issues. One of the most confounding issues is that presented by the marijuana-impaired driver. In jurisdictions that have legalized the use of marijuana, how high is too high to get behind the wheel? This note assesses the various marijuana DUI laws that states have implemented to combat marijuana-impaired driving. Many of these statutes have followed in the footsteps of the BAC-based standard used to combat drunk driving—using THC measurements to quantify a driver’s level of marijuana-based impairment. Unfortunately, unlike alcohol, the scientific properties of …
Newsroom: Horwitz On The Trump Effect 12-1-2016,
2016
Providence Journal
Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Policing Criminal Justice Data,
2016
Florida State University College of Law
Policing Criminal Justice Data, Wayne A. Logan, Andrew Guthrie Ferguson
Scholarly Publications
No abstract provided.
The Question Concerning Technology In Compliance,
2016
Brooklyn Law School
The Question Concerning Technology In Compliance, Sean J. Griffith
Brooklyn Journal of Corporate, Financial & Commercial Law
In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.
Accidental Vitiation: The Natural And Probable Consequence Of Rosemond V. United States On The Natural And Probable Consequence Doctrine,
2016
Fordham University School of Law
Accidental Vitiation: The Natural And Probable Consequence Of Rosemond V. United States On The Natural And Probable Consequence Doctrine, Evan Goldstick
Fordham Law Review
Recently, the Court decided Rosemond v. United States. In Rosemond, the Court had to determine the requisite mental state for aiding and abetting a particular federal crime. While the Court had the opportunity to weigh in on the natural and probable consequence doctrine in Rosemond, it declined to do so in footnote 7. This Note reviews the natural and probable consequence doctrine, its reception by courts and commentators, and the Court’s holding in Rosemond. This Note then applies the holding of Rosemond to several federal cases that employed the doctrine to determine whether, despite footnote 7, …
Dishonest Ethical Advocacy?: False Defenses In Criminal Court,
2016
Fordham University School of Law
Dishonest Ethical Advocacy?: False Defenses In Criminal Court, Joshua A. Liebman
Fordham Law Review
This Note examines this dilemma and recent judicial approaches to it. Judges disagree about how guilty criminal defendants should be permitted to mount defenses at trial. Some have forbidden defense counsel from knowingly advancing any false exculpatory proposition. Others have permitted guilty defense attorneys to present sincere or truthful testimony in order to bolster a falsehood. And still others have signaled more general comfort with the idea that an attorney aggressively can pursue an acquittal on behalf of a guilty client. This Note seeks to resolve this issue by parsing the range of false defense tactics available to attorneys and …
Attempt, Merger, And Transferred Intent,
2016
Brooklyn Law School
Attempt, Merger, And Transferred Intent, Nancy Ehrenreich
Brooklyn Law Review
Recent years have seen a dramatic expansion in the transferred-intent doctrine via rulings involving attempt liability. In its basic form, transferred intent allows an intentional actor with bad aim who kills an unintended victim (instead of the intended target) to be punished for murder. Today, some courts allow conviction in such situations not only of transferred intent murder as to the actual victim, but of attempted murder of the intended victim as well. Critics of this expansion (as well as other similar variations) have argued that it distorts the meaning of transferred intent and imposes liability disproportionate to culpability. Little …
Qualitative Collective Case Study Of Targeted Violence Preparedness At Institutions Of Higher Education,
2016
Liberty University
Qualitative Collective Case Study Of Targeted Violence Preparedness At Institutions Of Higher Education, Tim Gunter
Doctoral Dissertations and Projects
An increase in targeted violence incidents (TVIs), primarily active shooter events, at institutions of higher education (IHEs) has exposed gaps in campus security plan preparation and exercises. The purpose of this qualitative collective case study was to discover barriers to and best practices of universities and colleges conducting security preparedness activities for TVIs. The theory that guided this study was vested interest theory which predicts how attitudes will influence behavior in a commitment to preparedness fundamentals. The setting for this study was two institutions of higher education along the East Coast of the United States. Data collection techniques included site …
Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer,
2016
Travis County Attorney's Office
Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice,
2016
Barry University School of Law
Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Punishing Genocide: A Comparative Empirical Analysis Of Sentencing Laws And Practices At The International Criminal Tribunal For Rwanda (Ictr), Rwandan Domestic Courts, And Gacaca Courts,
2016
VU University Amsterdam, The Netherlands
Punishing Genocide: A Comparative Empirical Analysis Of Sentencing Laws And Practices At The International Criminal Tribunal For Rwanda (Ictr), Rwandan Domestic Courts, And Gacaca Courts, Barbora Hola, Hollie Nyseth Brehm
Genocide Studies and Prevention: An International Journal
This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time …
Case Note: Case Of Vasiliauskas V. Lithuania In The European Court Of Human Rights,
2016
University of Freiburg
Case Note: Case Of Vasiliauskas V. Lithuania In The European Court Of Human Rights, Stoyan Panov
Genocide Studies and Prevention: An International Journal
No abstract provided.
Say Hello To My Little Friend Civil Rico: The Third Circuit Green Lights Insurance Shakedown Of Big Pharma With In Re Avandia,
2016
Villanova University Charles Widger School of Law
Say Hello To My Little Friend Civil Rico: The Third Circuit Green Lights Insurance Shakedown Of Big Pharma With In Re Avandia, Marie Bussey-Garza
Villanova Law Review
No abstract provided.
A New Sentencing Blueprint: The Third Circuit Allows Disadvantaged Business Enterprise Fraud Convictions To Be Offset By Construction Contract Performance In United States V. Nagle,
2016
Villanova University Charles Widger School of Law
A New Sentencing Blueprint: The Third Circuit Allows Disadvantaged Business Enterprise Fraud Convictions To Be Offset By Construction Contract Performance In United States V. Nagle, Christopher C. Reese
Villanova Law Review
No abstract provided.
Scandal, Fraud, And The Reform Of Forensic Science: The Case Of Fingerprint Analysis,
2016
West Virginia University
Scandal, Fraud, And The Reform Of Forensic Science: The Case Of Fingerprint Analysis, Simon A. Cole
West Virginia Law Review
No abstract provided.
The Use Of Risk Assessment At Sentencing: Implications For Research And Policy,
2016
Villanova University School of Law
The Use Of Risk Assessment At Sentencing: Implications For Research And Policy, Steven L. Chanenson, Jordan M. Hyatt
Working Paper Series
At-sentencing risk assessments are predictions of an individual’s statistically likely future criminal conduct. These assessments can be derived from a number of methodologies ranging from unstructured clinical judgment to advanced statistical and actuarial processes. Some assessments consider only correlates of criminal recidivism, while others also take into account criminogenic needs. Assessments of this nature have long been used to classify defendants for treatment and supervision within prisons and on community supervision, but they have only relatively recently begun to be used – or considered for use – during the sentencing process. This shift in application has raised substantial practical and …
