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Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits, DOUGLAS J. HENDERSON 2012 Selected Works

Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits, Douglas J. Henderson

DOUGLAS J HENDERSON

The United States Government must administer a publicly held cloud networked Big Data Set of Private Health Information (PHI) in order to utilize Big Data Analytics and allow free data mining of such PHI so that the health care industry can operate most cost effectively while also meeting the health care needs of the aging United States populace with the highest quality of care.


Solving The Problem: Rehabilitation, Reformation, And Other Solutions, Ralph A. Rossum, George Nicholson, Reuben Greenberg, William P. Haney Jr. 2012 Pepperdine University

Solving The Problem: Rehabilitation, Reformation, And Other Solutions, Ralph A. Rossum, George Nicholson, Reuben Greenberg, William P. Haney Jr.

Pepperdine Law Review

No abstract provided.


Cruel But Not So Unusual: Farmer V. Brennan And The Devolving Standards Of Decency, Stacy Lancaster Cozad 2012 Pepperdine University

Cruel But Not So Unusual: Farmer V. Brennan And The Devolving Standards Of Decency, Stacy Lancaster Cozad

Pepperdine Law Review

No abstract provided.


Deterrence, Brutalization, And The Death Penalty: Another Examination Of Oklahoma's Return To Capital Punishment, William C. Bailey 2012 Cleveland State University

Deterrence, Brutalization, And The Death Penalty: Another Examination Of Oklahoma's Return To Capital Punishment, William C. Bailey

William C. Bailey

A replication and extension of a weekly ARIMA analysis (1989–1991) by Cochran et al. (1994), which appeared in Criminology, confirms that Oklahoma's return to capital punishment in 1990, after a 25-year moratorium, was followed by a significant increase in killings involving strangers. Moreover, a multivariate autoregressive analysis, which includes measures of the frequency of executions, the level of print media attention devoted to executions, and selected sociodemographic variables, produced results consistent with the brutalization hypothesis for total homicides, as well as a variety of different types of killing involving both strangers and nonstrangers. No prior study has shown ...


Felony Murder And Capital Punishment: An Examination Of The Deterrence Question, Ruth Peterson, William C. Bailey 2012 The Ohio State University

Felony Murder And Capital Punishment: An Examination Of The Deterrence Question, Ruth Peterson, William C. Bailey

William C. Bailey

A proper test of the deterrent effect of the death penalty must consider capital homicides. However, the criterion variable in most investigations has been total homicides—most of which bear no legal or theoretical relationship to capital punishment. To address this fundamental data problem, this investigation used Federal Bureau of Investigation data for 1976–1987 to examine the relationship between capital punishment and felony murder, the most common type of capital homicide. We conducted time series analyses of monthly felony murder rates, the frequency of executions, and the amount and type of television coverage of executions over the period. The ...


Richardson V. Mcknight: Barring Qualified Immunity From 42 U.S.C. § 1983 For Private Jailers , Lori DaCosse 2012 Pepperdine University

Richardson V. Mcknight: Barring Qualified Immunity From 42 U.S.C. § 1983 For Private Jailers , Lori Dacosse

Pepperdine Law Review

No abstract provided.


Making More Effective Use Of Our Prisons Through Regimented Labor, Stefanie Evans 2012 Pepperdine University

Making More Effective Use Of Our Prisons Through Regimented Labor, Stefanie Evans

Pepperdine Law Review

No abstract provided.


Substance And Method In The Year 2000, Akhil Reed Amar 2012 Pepperdine University

Substance And Method In The Year 2000, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.


Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky 2012 Pepperdine University

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.


Analyzing Prison Sex: Reconciling Self-Expression With Safety, Brenda V. Smith 2012 American University Washington College of Law

Analyzing Prison Sex: Reconciling Self-Expression With Safety, Brenda V. Smith

Brenda Smith

No abstract provided.


Implicit In The Concept Of Erroneous Liberty: The Need To Ensure Proper Sentence Credit In The Fourth Circuit, Andrew T. Winkler 2012 North Carolina Central University School of Law

Implicit In The Concept Of Erroneous Liberty: The Need To Ensure Proper Sentence Credit In The Fourth Circuit, Andrew T. Winkler

North Carolina Central Law Review

No abstract provided.


Tinkering Around The Edges: The Supreme Court's Death Penalty Jurisprudence, John Bessler 2012 University of Baltimore School of Law

Tinkering Around The Edges: The Supreme Court's Death Penalty Jurisprudence, John Bessler

All Faculty Scholarship

This Essay examines America's death penalty forty years after Furman and provides a critique of the Supreme Court's existing Eighth Amendment case law. Part I briefly summarizes how the Court, to date, has approached death sentences, while Part II highlights the incongruous manner in which the Cruel and Unusual Punishments Clause has been read. For instance, Justice Antonin Scalia-one of the Court's most vocal proponents of "originalism" conceded that corporal punishments such as handbranding and public flogging are no longer constitutionally permissible; yet, he (and the Court itself) continues to allow death sentences to be imposed. The ...


The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara 2012 Indiana University Maurer School of Law

The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara

Indiana Law Journal

Over the past century, while advocates of prison nurseries have applauded their individual and societal benefits, opponents have criticized their touchy-feely undertones, arguing that children do not belong behind bars. New York instituted the first modern prison nursery program in 1901 at its Bedford Hills facility, and the nursery has existed ever since. The federal government and a number of other states have followed suit in developing programs that, to varying degrees, give mothers and infants an opportunity to remain together until the infant reaches a particular age. The requirements for such programs vary by state but generally only permit ...


Drug Sentencing Policy Discourse Of Fortaleza, Nick Sundback 2012 SIT Study Abroad

Drug Sentencing Policy Discourse Of Fortaleza, Nick Sundback

Independent Study Project (ISP) Collection

Drug sentencing is a pressing issue in Brazil. With the context of high and increasing rates of crime and drug use, overcrowded prisons, and high rates of recidivism both in terms of prison and drug addiction, attitudes of individuals towards drug sentencing policy are worthy of observation and examination.

The objective of this monograph is to examine discourse by informants, five individuals who interact with sections of society most affected by drug sentencing, namely drug users. This monograph will consider pluralistic observations on, and evaluations of, drug sentencing practices, implementation of drug sentencing, an overview of the broader debate over ...


Counterparts In Modern Policing: The Influence Of Corporate Investigators On The Public Police And A Call For The Broadening Of The State Action Doctrine, Sean James Beaton 2012 Touro Law Center

Counterparts In Modern Policing: The Influence Of Corporate Investigators On The Public Police And A Call For The Broadening Of The State Action Doctrine, Sean James Beaton

Touro Law Review

This Comment first provides an overview of the constitutional concerns that arise when the private police interact with criminal defendants, and the even graver issues that are present when this interaction also involves governmental law enforcement. Part III presents an in depth look at private police, with some detail focused specifically on corporate investigators who work in conjunction with public law enforcement. After assessing this ubiquitous group, Part IV harmonizes the private police and the state action doctrine. Because the state action doctrine has been classified as not being a "model of consistency" and a "conceptual disaster area," the analysis ...


The Caged Canary, Elizabeth Alexander 2012 Selected Works

The Caged Canary, Elizabeth Alexander

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, particularly sentencing policy regarding drug crimes. These changes have had a devastating impact on African-American communities. The changes have also adversely affected the social, economic, and political culture of the nation as a whole. The rate of increase in incarceration for women prisoners has been disproportionately high, although women are generally imprisoned for non-violent crimes and have lower recidivism rates than men. Once in prison, women are ...


Engendering Rape, Kim S. Buchanan 2012 USC Gould School of Law

Engendering Rape, Kim S. Buchanan

University of Southern California Legal Studies Working Paper Series

This Article highlights a systematic bias in the academic, correctional, and human rights discourse that constitutes the basis for prison rape policy reform. This discourse focuses almost exclusively on sexual abuse perpetrated by men: sexual abuse of male prisoners by fellow inmates, and sexual abuse of women prisoners by male staff. But since 2007, survey and correctional data have indicated that the main perpetrators of prison sexual abuse seem to be women. In men’s facilities, inmates report much more sexual victimization by female staff than by male inmates; in women’s facilities, inmates report much higher rates of sexual ...


The Regulation Of Private Police, Stephen Rushin 2012 UC Berkeley School of Law

The Regulation Of Private Police, Stephen Rushin

West Virginia Law Review

Private police assume many of the same roles as traditional law enforcement. But courts and legislatures regulate public and private police very differently. This Article evaluates the statutory and judicial regulation of private police. By collecting and coding all state statutes related to the regulation of private police, I theorize on the inadequacies of the current regulatory scheme. I show that most state statutes only regulate a certain category of private police officers, leaving a substantial portion of the private policing industry virtually unregulated. Many state regulations of private police misunderstand, and thus inadequately protect against the threat posed by ...


Cascading Constitutional Deprivation: The Right To Appointed Counsel For Mandatorily Detained Immigrants Pending Removal Proceedings, Mark Noferi 2012 Brooklyn Law School

Cascading Constitutional Deprivation: The Right To Appointed Counsel For Mandatorily Detained Immigrants Pending Removal Proceedings, Mark Noferi

Michigan Journal of Race and Law

Today, an immigrant green card holder mandatorily detained pending his removal proceedings, without bail and without counsel, due to a minor crime committed perhaps long ago, faces a dire fate. If he contests his case, he may remain incarcerated in substandard conditions for months or years. While incarcerated, he will likely be unable to acquire a lawyer, access family who might assist him, obtain key evidence, or contact witnesses. In these circumstances, he will nearly inevitably lose his deportation case and be banished abroad from work, family, and friends. The immigrant's one chance to escape these cascading events is ...


A Failure Of The Fourth Amendment & Equal Protection's Promise: How The Equal Protection Clause Can Change Discriminatory Stop And Frisk Policies, Brando Simeo Starkey 2012 Villanova University School of Law

A Failure Of The Fourth Amendment & Equal Protection's Promise: How The Equal Protection Clause Can Change Discriminatory Stop And Frisk Policies, Brando Simeo Starkey

Michigan Journal of Race and Law

Terry v. Ohio changed everything. Before Terry, Fourth Amendment law was settled. The Fourth Amendment had long required that police officers have probable cause in order to conduct Fourth Amendment invasions; to administer a "reasonable" search and seizure, the state needed probable cause. But in 1968, the Warren Court, despite its liberal reputation, lowered the standard police officers had to meet to conduct a certain type of search: the so-called "'stop' and 'frisk.'" A "stop and frisk" occurs when a police officer, believing a suspect is armed and crime is afoot, stops the suspect, conducts an interrogation, and pats him ...


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