Legal Studies Commons^™

Eliminating Circuit-Split Disparities In Federal Sentencing Under The Post-Booker Guidelines, Elliot Edwards

Indiana Law Journal

This Note will explore the rarely discussed consequences that result when courts of appeals freely interpret the Sentencing Guidelines. This Note will not address appellate review of sentences in general, nor will it discuss disparities caused by trial courts. Instead, the discussion below will address a very specific situation, namely when a court of appeals vacates a sentence because, in its estimation, the trial court misapplied the Guidelines. Part I will relate the history of the recent sentencing re-form movement in America, noting particularly which bodies have the authority to decide sentencing policy. Part II will then analyze the interpretive …

Sexual Assault On College Campuses: An Epidemic And An Alternative Approach, Mark N. Devone

Undergraduate Research

Sexual assault is a major problem that is occurring at staggering rates on college campuses nationwide. Sexual Assault on College Campuses: An Epidemic and An Alternative Approach takes an in depth look at the problem at hand and discusses how the current ways of handling sexual assault cases and their faults. An alternative approach is introduced as a possible way to help fix the current sexual assault problem. The approach is Restorative Justice, which focuses on the rehabilitation of the offender and the healing of the victim through reconciliation techniques that include the victim, offender, and the community.

Reevaluating The Constitutionality Of Blanket Primaries, Soren J. Schmidt

Brigham Young University Prelaw Review

I argue that the Supreme Court’s ruling in California Democratic Party v. Jones should be reconsidered and overturned, allowing states to adopt blanket-primary election systems. Given the crucial role that primaries play in the public process of elections, parties’ rights of association should not trump the right of the people to select their own representatives. In Jones, the Court applied a stricter constitutional test than necessary, leading to an erroneous conclusion. I demonstrate why a more flexible test would have been more appropriate for judging primary elections. Under this alternative test, public state interests are weighed against party rights injuries. …

The American Gun Culture: Potential Impact On K-12 School Violence, Gordon A. Crews

Criminal Justice Faculty Publications and Presentations

•Many insist on combining all types of school shootings/violence saying they are the same, but: •This could not be further from the truth when examining K-12 school violence historically in the United States •Public mass shootings, university shootings, international shootings, and K-12 school shootings are not the same •They have different catalysts, motivations, types of occurrence, and offenders

Law Library Blog (April 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Justice Involved Veterans’ Post-Release Employment-Related Experiences, James L. Dawson

Dissertations

In 2010, the cost to U.S. taxpayers was $39 billion to incarcerate individuals in State and Federal Correctional facilities. A sub-population of these prisoners is those that have served in the U.S. military, or “Justice Involved Veterans” (JIVs). Many Veterans are eligible for federal and state funds for Career Tech. Education to assist them with obtaining employment, which research shows often contributes to keeping them from re-offending. However, recent studies of employment after prison have all been quantitative investigations that do not incorporate the voices of JIVs describing their experiences in depth. Bush’s (2011), and Bolman and Deal’s (2008) theories …

You Have The Right To…What? A Study Of Knowledge Of Americans’ Rights In Criminal Proceedings, Anna Marchiony

Honors Theses

An exploratory questionnaire was developed to assess participants’ knowledge of American rights during criminal proceedings, their confidence in that knowledge, and whether their experiences, professional or recreational, are associated with that knowledge. Questionnaire items covered topics such as Bill of Rights, Miranda Rights, Interviews and Interrogations, Rights During Trial, and Post-Conviction Rights. Demographic variables assessed field of study/employment, encounters with the Criminal Justice System, and viewership of crime-based television shows. Responses were analyzed in an attempt to find patterns in knowledge. Results showed that participants were most knowledgeable regarding the Bill of Rights, rights during a criminal trial, and post-conviction …

The Promise Of Justice: Are Public And Private Defense Equal?, Alicia Linzmeier

Honors Theses

This thesis attempts to uncover whether or not differences in unclassified felony and first-degree felony case outcomes arise as a result of the type of counsel representing the defendant. The types of defense counsel addressed in this project include public defenders, appointed counsel, and private counsel. This research project specifically focuses on Butler, Greene, and Montgomery Counties in Ohio, in order to cultivate large enough samples for statistical testing. The felony cases that were examined include aggravated murder, murder, rape, voluntary manslaughter, and kidnapping. Existing research (Cohen, 2014; Levine, 1975; Hartley, Miller, and Spohn, 2010; and Williams, 2002) largely shows …

Vocational And Life Skills Monthly Data Update: April 2017, Uno Nebraska Center For Justice Research, Johanna Peterson

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to correct any data errors on an ongoing basis during monthly update calls and site visits. Data presented below is from the monthly data pulls. Because this data comes for an active database with live data being entered and updated daily, data, including previously submitted information, may fluctuate depending on changes made …

Airpower As A Part Of American Foreign Policy: The Importance Of Military Strategy, Domenic J. Quade Mr.

Senior Theses and Projects

Airpower has a seductive nature to it. Technology promises to be able to destroy or seriously damage an enemy military’s capabilities without serious risk to American forces. Moreover, these knights of the sky have an aura of power with the ability to destroy important pieces of military equipment or infrastructure. Airpower may seem like a niche topic of international relations or American foreign policy, but it represents the opening move of war. Gaining air superiority is the first step in any American engagement as it allows the rest of American military might to be brought to bear. It is also …

Amateurism And The Ncaa: The Controversy (A Legal Review), Mitchell Pollard

Honors Theses

The NCAA has experienced controversy for many years now, but it may have another issue to grapple with because of their “amateurism” clause. Many student-athletes are concerned about the NCAA amateur clause and its impact on their “right of publicity”. The NCAA has consistently argued that athletes should not be paid because they are in fact students and are most likely on scholarship, either academic or athletic. Additionally, student-athletes are claiming that their intellectual property rights are being violated in “fair trade” and the unfair use of “image likeness” in the NCAA video game issue brought forward in the Ed …

Making An Audience: An Analysis Of Making A Murderer, Bree Ann Trisler

Master's Theses (2009 -)

Steven Avery was released from prison on September 11, 2003, after serving 18 years for a sexual assault he did not commit. Avery was back behind bars in merely two years for a different crime, the murder of 25-year-old Teresa Halbach (Demos & Ricciardi, 2015). This multifaceted story is the focus of the Netflix true-crime series Making a Murderer, a serialization that became “a word-of-mouth true-crime phenomenon” (Itzkoff, 2016) upon its release on December 18, 2015. In this thesis, I aimed to reveal the meanings audience members derived from Making a Murderer and to connect these meanings to the new …

Reinvigorating Regime Politics, Christopher Shortell

Political Science Faculty Publications and Presentations

This paper seeks to reinvigorate the theory of regime politics in the judiciary among legal scholars, taking into account the critiques offered. The paper reviews the extant literature on regime politics, including its origins, before examining the criticisms this approach engendered. The valid concerns highlight the limited development of regime politics as a theory, despite the empirical work conducted in this tradition. This paper aims to address that shortcoming, explicitly identifying the underlying assumptions of regime politics theory and then developing testable hypotheses based on those assumptions.

Ua12/2/2 2017 Talisman: Well Being, Wku Student Affairs

WKU Archives Records

2017 Talisman yearbook.

• Kaetzel, Kylee. Editor’s Note
• Upton, Jordan. His Hands
• Watkins, Abby. The Meal Plan – Recipes
• Eastham, Lillie. New Hieghts – Reed Mattison, Rock Climbing
• Robb, Hayley. A Life Transformed – Annabeth Welborn
• Robb, Hayley. 6:00 AM Bright & Early – Exercise
• Doyel, Rachael. Redifining Ability – Jacob Holt
• Upton, Jordan. Yom Kippur at Happy Hills Buddhist Temple
• Wegert, Sally. Inner Peace – Allison Adams, Yoga
• Mattingly, Evan. The Future’s in Your Hands – Bianca Williams, Psychics
• Frint, Hunter. Too Often Silenced – Unity Walk
• Doyel, Rachael. Changing Tides
• Wells, Spencer. Struggle & Rebirth – Trey Farlee, Musicians …

Twenty Reasons To Publish In Dignity, Donna M. Hughes Dr.

Donna M. Hughes

An Evidence Based Guide To A Safe Intraoperative Approach Of Avoiding Iatrogenic Lesions During Difficult Laparoscopic Cholecystectomies, Cosmin Alec Moldovan, Roxana M. Duncea, Florin Dan Ungureanu, Vladimir Belis

Journal of Mind and Medical Sciences

Introduction: Although there are many sources for iatrogenic lesions during laparoscopic cholecystectomy, only a few stand out as being one of the most difficult to predict due to their nature of being very hard to diagnose before surgery. Materials and Methods: a short guide of cases with an evidence-based approach to avoid laparoscopic iatrogenic lesions. Results: these cases have been classified and presented into 3 main groups: cases with abnormal arterial layout, cases with heavy alteration of the normal anatomy, and cases with anomalies of the main biliary pathway. Conclusions: while not a complete guide covering …

A Forensic Email Analysis Tool Using Dynamic Visualization, Johannes Stadlinger, Andreas Dewald

Journal of Digital Forensics, Security and Law

Communication between people counts to the most important information of today’s business. As a result, in case of forensic investigations in big companies, analysis of communication data in general and especially email, as the still most widely used business communication platform with an immense and still growing volume, is a typical task in digital forensics. One of the challenges is to identify the relevant communication partners and structures in the suspects surrounding as quickly as possible in order to react appropriately and identify further targets of evaluation. Due to the amount of emails in typical inboxes, reading through all the …

Find Me If You Can: Mobile Gps Mapping Applications Forensic Analysis & Snavp The Open Source, Modular, Extensible Parser, Jason Moore, Ibrahim Baggili, Frank Breitinger

Journal of Digital Forensics, Security and Law

The use of smartphones as navigation devices has become more prevalent. The ubiquity of hand-held navigation devices such as Garmins or Toms Toms has been falling whereas the ownership of smartphones and their adoption as GPS devices is growing. This work provides a comprehensive study of the most popular smartphone mapping applications, namely Google Maps, Apple Maps, Waze, MapQuest, Bing, and Scout, on both Android and iOS. It details what data was found, where it was found, and how it was acquired for each application. Based on the findings, the work allowed for the construction of a tool capable of …

Compression Of Virtual-Machine Memory In Dynamic Malware Analysis, James E. Fowler Ph.D.

Journal of Digital Forensics, Security and Law

Lossless compression of memory dumps from virtual machines that run malware samples is considered with the goal of significantly reducing archival costs in dynamic-malware-analysis applications. Given that, in such dynamic-analysis scenarios, malware samples are typically run in virtual machines just long enough to activate any self-decryption or other detection- avoidance maneuvers, the virtual-machine memory typically changes little from that of the baseline state, with the difference being attributable in large degree to the loading of additional executables and libraries. Consequently, delta coding is proposed to compress the current virtual-machine memory dump by coding its differences with respect to a predicted …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.