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Addiction, Choice And Criminal Law, Stephen J. Morse 2017 University of Pennsylvania Law School

Addiction, Choice And Criminal Law, Stephen J. Morse

Faculty Scholarship

This chapter is a contribution to a volume, Addiction and Choice, edited by Nick Heather and Gabriel Segal that is forthcoming from Oxford University Press. Some claim that addiction is a chronic and relapsing brain disease; others claim that it is a product of choice; yet others think that addictions have both disease and choice aspects. Which of these views holds sway in a particular domain enormously influences how that domain treats addictions. With limited exceptions, Anglo-American criminal law has implicitly adopted the choice model and a corresponding approach to responsibility. Addiction is irrelevant to the criteria for the prima ...


Implicit Bias In Daily Perceptions And Legal Judgments, Keith B. Maddox, Samuel R. Sommers 2017 Tufts University

Implicit Bias In Daily Perceptions And Legal Judgments, Keith B. Maddox, Samuel R. Sommers

University of Michigan Journal of Law Reform

In today’s demonstration, we explored the audience’s positive and negative associations with blacks and whites. The demonstration is an adaptation of the Implicit Association Test (www.projectimplicit.net), a computer-based task designed to explore mental connections between various concepts. Participants were presented with a list of concepts (stereotypically black and white names, pleasant and unpleasant concepts) in a column down the middle of a screen along with the response categories (black/white or Pleasant/Unpleasant) along the left and right sides. When reading a word, participants were asked to categorize it by slapping the knee (left or right ...


Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Question And Answer Session, Kimberly Thomas, Keith B. Maddox, Samuel R. Sommers, Patrick Barnes, Richard Leo 2017 University of Michigan Law School

Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Question And Answer Session, Kimberly Thomas, Keith B. Maddox, Samuel R. Sommers, Patrick Barnes, Richard Leo

University of Michigan Journal of Law Reform

A transcript of the Question and Answer session during the University of Michigan Journal of Law Reform Symposium, Child Abuse Evidence: New Perspectives from Law, Medicine, Psychology & Statistics.


Moderating Effects Of Resilience And Recovery On The Stressor-Strain Relationship Among Law Enforcement Officers, Austin Hearne 2017 Minnesota State University, Mankato

Moderating Effects Of Resilience And Recovery On The Stressor-Strain Relationship Among Law Enforcement Officers, Austin Hearne

All Theses, Dissertations, and Other Capstone Projects

The purpose of this study is to investigate the relationships between individual resilience, recovery from work, and the relationship between stressors and strains in a sample of police officers. I primarily plan to test whether individual resiliency and recovery moderates the relationship between law enforcement-related organizational and operational stressors and strains such as burnout, sleep disturbances and poor general well-being. I hypothesize that individual resiliency and recovery will both moderate the stressor-strain relationship, so that officers who exhibit higher resiliency and engage in appropriate recovery will experience less strain from the stressors of their occupation. Additionally, I hypothesize that recovery ...


Secondary Employment By Western Australia Police Officers: Factors Influencing Multiple Jobholding And The Relationship To Organisational Commitment, Hamish McKenzie 2017 Edith Cowan University

Secondary Employment By Western Australia Police Officers: Factors Influencing Multiple Jobholding And The Relationship To Organisational Commitment, Hamish Mckenzie

Theses: Doctorates and Masters

The purpose of this study was to determine if there is a significant relationship between secondary employment by Western Australia police officers and organisational commitment. The study also examined whether there was a relationship between secondary employment of Western Australia police officers and, gender, work location, employment hours, rank and tenure. Finally, the study sought to understand why Western Australia police officers undertook secondary employment. A mixed methods approach to research was undertaken with 5756 Western Australia police officers sent a survey adapted from Meyer and Allen’s Three-Component Model (TCM) Employee Commitment Survey (2004). This survey tool is based ...


Executive Action And Nonaction, Tom Campbell 2016 Chapman University School of Law

Executive Action And Nonaction, Tom Campbell

Tom Campbell

Action by the executive can be challenged by a party with standing, and there is usually no shortage of such parties. The executive’s failure to act, however, is much more difficult to submit to judicial scrutiny. I propose that standards for reviewing such nonaction are available under precedent of the Administrative Procedure Act, and under severability analysis. That is, a reviewing court can determine whether the executive’s failure to enforce part of a law leaves the rest of the law to operate meaningfully as Congress intended (akin to severability analysis), and APA precedent can guide courts to determine ...


Fourth Amendment Anxiety, Stephen E. Henderson, Kiel Brennan-Marquez 2016 New York University

Fourth Amendment Anxiety, Stephen E. Henderson, Kiel Brennan-Marquez

Stephen E Henderson

In Birchfield v. North Dakota (2016), the Supreme Court broke new Fourth Amendment ground by establishing that law enforcement’s collection of information can be cause for “anxiety,” meriting constitutional protection, even if subsequent uses of the information are tightly restricted.  This change is significant.  While the Court has long recognized the reality that police—just like any other actor—cannot be trusted to always follow the rules, Birchfield changes how that concern is implemented in Fourth Amendment law, and importantly, in a manner that acknowledges the new realities of data-driven policing.
 
Beyond offering a careful reading of Birchfield, this ...


Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson 2016 University of Oklahoma College of Law

Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson

Stephen E Henderson

We finally have a federal “test case.”  In Carpenter v. United States, the Supreme Court is poised to set the direction of the Fourth Amendment in the digital age.  The case squarely presents how the twentieth-century third party doctrine will fare in contemporary times, and the stakes could not be higher.  This article reviews the Carpenter case and how it fits within the greater discussion of the Fourth Amendment third party doctrine and location surveillance, and I express a hope that the Court will be both a bit ambitious and a good measure cautious. 
 
As for ambition, the Court must ...


Cell Phone Buffer Zones, Laurent Sacharoff 2016 University of St. Thomas, Minnesota

Cell Phone Buffer Zones, Laurent Sacharoff

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


First Amendment Right To Receive Information And Ideas Justifies Citizens' Videotaping Of The Police, David L. Hudson Jr. 2016 University of St. Thomas, Minnesota

First Amendment Right To Receive Information And Ideas Justifies Citizens' Videotaping Of The Police, David L. Hudson Jr.

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Filming The Police As An Act Of Resistance Remarks Given At The "Smartphoned" Symposium, Jocelyn Simonson 2016 University of St. Thomas, Minnesota

Filming The Police As An Act Of Resistance Remarks Given At The "Smartphoned" Symposium, Jocelyn Simonson

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross 2016 College of William & Mary Law School

Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross

William & Mary Bill of Rights Journal

No abstract provided.


To Loose The Bonds: The Deceptive Promise Of Freedom From Pretrial Immigration Detention, Denise L. Gilman 2016 university of texas law school

To Loose The Bonds: The Deceptive Promise Of Freedom From Pretrial Immigration Detention, Denise L. Gilman

Indiana Law Journal

Each year, the United States government detains more than 60,000 migrants who are eligible for release during immigration court proceedings that will determine their right to stay in the United States. Detention or release should be adjudicated through a custody determination process focused on the question of whether a mi-grant poses a flight risk or danger to the community. Yet, because the process skips the critical inquiry into the need for detention before setting monetary bond require-ments for release that are difficult to fulfill, freedom remains elusive.

The custody determination process is a cornerstone in the U.S. immigration ...


Aviation Security And The Challenges The Industry Faces Providing Safe And Secure Transportation, Dexter Roberts 2016 University of Mississippi

Aviation Security And The Challenges The Industry Faces Providing Safe And Secure Transportation, Dexter Roberts

Master of Science in Criminal Justice Theses & Policy Research Projects

Ever since September 11 2011, the United States government has taken steps to significantly reduce the level of risk that the country is exposed too. Since the attacks involved a coordinated act of terrorism involving aviation instruments, several changes have been made especially in the aviation sector. This paper focuses on the changes that have been made regarding aviation security before and after the 9/11 attack. Afterward, the function of the Transportation Security Administration (TSA) and its effectiveness will be evaluated. Details of the policies and programs implemented by the TSA are considered to establish some improvements that can ...


Policing Postsecondary Education: University Police Legitimacy And Fear Of Crime On Campus, Christina N. Barker 2016 East Tennessee State University

Policing Postsecondary Education: University Police Legitimacy And Fear Of Crime On Campus, Christina N. Barker

Electronic Theses and Dissertations

Assessing the perceptions that students have of the university police officers charged with ensuring student safety is important to maintaining the overall safety of the campus. The current study sought to assess the relationship between student perceptions of university police and the fear of crime felt by students while on campus. Data collection was conducted through a survey methodology using a convenient sample of students in which a self-report survey was sent to the university email addresses of all students enrolled in a southeastern university (n=260). Through the employment of a scale developed to assess the perceptions of university ...


Police Officers’ Perceptions Of Body-Worn Cameras In The Buffalo And Rochester Police Departments, Joseph A. Gramaglia 2016 SUNY Buffalo State

Police Officers’ Perceptions Of Body-Worn Cameras In The Buffalo And Rochester Police Departments, Joseph A. Gramaglia

Public Administration Master’s Projects

Police body-worn cameras have been advanced as a solution to disparate perceptions among the citizenry, public officials, community leaders, and the police themselves in the highly contested arena of police-citizen encounters. However, as with previous technological innovations in policing, it is important that the police themselves are comfortable with the technology. This is a report of a survey conducted on police officers’ perceptions of body-worn cameras in Buffalo and Rochester police departments, which uses a survey instrument administered with the Los Angeles Police Department. This study found similar attitudes toward body cameras not only among Buffalo and Rochester police officers ...


Why Arrest?, Rachel A. Harmon 2016 University of Virginia School of Law

Why Arrest?, Rachel A. Harmon

Michigan Law Review

Arrests are the paradigmatic police activity. Though the practice of arrests in the United States, especially arrests involving minority suspects, is under attack, even critics widely assume the power to arrest is essential to policing. As a result, neither commentators nor scholars have asked why police need to make arrests. This Article takes up that question, and it argues that the power to arrest and the use of that power should be curtailed. The twelve million arrests police conduct each year are harmful not only to the individual arrested but also to their families and communities and to society as ...


Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School of Law 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.


Nickel And Dimed Into Incarceration: Cash Register Justice In The Criminal System, Laura I Appleman 2016 Willamette University College of Law

Nickel And Dimed Into Incarceration: Cash Register Justice In The Criminal System, Laura I Appleman

Boston College Law Review

Criminal justice debt has aggressively metastasized throughout the criminal system. A bewildering array of fees, fines, court costs, non-payment penalties, and high interest rates have turned criminal process into a booming revenue center for state courts and corrections. As criminal justice “administrative” costs have skyrocketed, the burden to fund the system has fallen largely on the system’s users—primarily poor or indigent—who often cannot pay their burden. Unpaid criminal justice debt often leads to actual incarceration or substantial punitive fines, which turns rapidly into “punishment”. Such punishment at the hands of a court, bureaucracy, or private entity compromises ...


Recent Developments; Immigration And Naturalization -- Effect Of State Conviction Of Minor Drug Offense By Youthful Offenders -- Availability Of Relief From Mandatory Deportation Based On State Certificate Of Relief From Disabilities Granted As A Result Of The Conviction (Rehman V. Immigration And Naturalization Service, 2d Cir 1976), Donna R. Christie 2016 University of Georgia School of Law

Recent Developments; Immigration And Naturalization -- Effect Of State Conviction Of Minor Drug Offense By Youthful Offenders -- Availability Of Relief From Mandatory Deportation Based On State Certificate Of Relief From Disabilities Granted As A Result Of The Conviction (Rehman V. Immigration And Naturalization Service, 2d Cir 1976), Donna R. Christie

Georgia Journal of International & Comparative Law

No abstract provided.


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