Digital Commons Network^™

The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch

Law and Contemporary Problems

Lynch explores what it means or should mean to argue that a business misconduct matter is or isn't a "criminal case."

After The Dna Wars: Skirmishing With Nrc Ii, Richard O. Lempert

Articles

This article traces some of the controversies surrounding DNA evidence and argues that although many have been laid to rest by scientific developments confirmed in the National Research Council's second DNA report, there remain several problems which are likely to lead to continued questioning of standard ways prosecutors present DNA evidence. Although much about the report is to be commended, it falls short in several ways, the most important of which is in its support for presenting random match probabilities independent of plausible error rates. The article argues that although one can sympathize with the NRC committee's decision as an …

Relational And Overt Aggression In Preschool, Nikki R. Crick, Juan F. Casas, Monique Mosher

Psychology Faculty Publications

This research was designed as an initial attempt to assess relational aggression in preschool-age children. Our goal was to develop reliable measures of relational aggression for young children and to use these instruments to address several important issues (e.g., the relation between this form of aggression and social–psychological adjustment). Results provide evidence that relationally aggressive behaviors appear in children's behavioral repertoires at relatively young ages, and that these behaviors can be reliably distinguished from overtly aggressive behaviors in preschool-age children. Further, findings indicate that preschool girls are significantly more relationally aggressive and less overtly aggressive than preschool boys. Finally, results …

Law And Economic Development: A New Beginning?, Lan Cao

Faculty Publications

No abstract provided.

Transnational Corporate Power And Corrections As An Emerging Global Industry, Berna Civan

Student Work

This study examines the re-emergence of the profit motive in corrections. The study consists of two separate, but related parts. The first part aims to demonstrate the workings of the corrections-commercial complex by illustrating the close ties between the public and private sectors and the most influential professional organization in the field, the American Correctional Association. The second part discusses the power of transnational corporations (TNCs), and, through the case studies of the two largest correctional corporations, argues that correctional TNCs will act just like others and influence public policy in their self-interest, which, in this case, means even larger …

A Test Of The Self-Regulatory Model Of Prejudice Reduction, Sonja Williams

Student Work

Two assumptions derived from Devine and Monteith’s (1993) self-regulatory model of prejudice reduction were tested utilizing a stereotype-activating stimulus believed to be similar to one which is more likely to occur in everyday-life than those used in previous research. Black and white actors making ambiguously hostile statements were evaluated by 92 low and high-prejudiced participants. Rating-scale data provided partial support for the assumption that low-prejudiced participants inhibit stereotype-consistent responses and replace them with personal, more egalitarian beliefs. Specifically, low-prejudiced participants provided significantly more favorable ratings than their high-prejudiced counterparts (p = .030). Reaction-time data provided support for the model’s assumption …

School-Based Service: Reconnecting Schools, Communities, And Youth At The Margin, Joan Schine

Service Learning, General

The sound of gunshots was not particularly unusual in Washington Heights, a section of New York City where drug deals were common and children learned early to be vigilant. But on a late summer day in 1992, the fatal shot came from a police revolver, and it was a Dominican, a drug dealer, who was killed. The ensuing turmoil, born of the immediate crisis but a reflection of the longstanding antagonism between the youth of the neighborhood and the police, soon become a riot. Most of the police in the local precinct were White. The overwhelming majority of the young …

Service Learning As Civic Participation, Todd Clark, Marshall Croddy, William Hayes, Susan Philips

Service Learning, General

A central question in the service learning field is how service can best educate youth for active citizenship. For more than a decade, the Constitutional Rights Foundation (CRF) has struggled with this question. We have introduced and experimented with various service programs because we have seen firsthand the value of service - how it engenders personal efficacy, empathy, and a sense of responsibility.

Service Learning And Democratic Citizenship, Richard Battistoni

Service Learning, General

Over the course of this semester I have become a citizen of New Brunswick. It could be argued that I was a citizen here well before registering for the course, but I did not feel as if I were one. Having taken the course, I now know why I must work for change, and never accept the status quo - things can always be better. I am now aware of what is happening around me. New Brunswick extends beyond the [campus] bus route. It is filled with people who need aid, people who give aid. people who cannot be bothered …

History Of The Service-Learning It Requirement In Maryland, Kathy Megyeri

Service Learning, General

Schools in Maryland have long provided some opportunities for students to volunteer. There have been the usual walk-a-thons, canned-food drives, visits to the elderly, and tree-planting projects. Building on this tradition, in 1985 the Maryland State Board of Education enacted a requirement that all school systems offer courses and programs in community service, open to all students, for elective credit, to provide opportunities for students to reach beyond themselves to help others. Two hundred of Maryland teachers were trained by the state, and during the 198889 school year, over 1,000 students were engaged in community service projects for credit (Maryland …

Theoretical Underpinnings Of Service Learning, Rebecca Lynn Carver

Service Learning, General

Although the merits of service learning frequently rest on how well it can be argued that the programs improve students' academic skills, this is only one of several outcomes that can result from implementing service learning programs. This article introduces readers to the full range of goals that service learning promises to achieve and to the specific principles that can be put into practice in order to meet these goals. Service learning consciously integrates students' experiences into the curriculum. As such it addresses the three major goals of "experiential education": allowing students to become more effective change agents, developing students' …

Interviewing Exercises: Lessons From Family Therapy, Ronald J. Chenail

The Qualitative Report

Interviewing has become a widely used means for data generation in qualitative research. It is also a popular approach for counselors and therapists in their qualitative research projects. A major reason qualitative research-style interviewing is a favored technique with researching clinicians is that it is so similar to the way in which counselors and therapists interact with their clients in therapy sessions. Given this closeness in form, it would make sense that some of the ways therapists are taught to interview could be adapted to help beginning qualitative researchers learn interviewing skills as well. In this paper, three sets of …

Introduction To Case Study, Winston M. Tellis

The Qualitative Report

This paper is the first of a series of three articles relating to a case study conducted at Fairfield University to assess aspects of the rapid introduction of Information Technology at the institution. This article deals with the nature of the problem faced by Fairfield University, the characteristics of the case methodology, and lays the foundation for the selection of this research technique for the current study. The paper begins with an Introduction section to familiarize the reader with the case organization. The following section on Case Methodology explores the history, and some of the applications of the technique. The …

(Reviews) Economic Thought Before Adam Smith And Classical Economics, Spencer J. Pack

Economics Faculty Publications

Economic Thought Before Adam Smith: An Austrian Perspective on the History of Economic Thought, Volume I. By Murray N. Rothbard. Brookfield. Vermont: Edward Elgar Publishing Limited, 1995. Pp. 556. $99.95.

Classical Economics: An Austrian Perspective on the History of Economic Thought, Volume II. By Murray N. Rothbard. Brookfield. Vermont: Edward Elgar Publishing Limited, 1995. Pp. 528. $99.95.

Choice Points:Creating Clinical Qualitative Research Studies, Paul V. Maione

The Qualitative Report

Today, more psychotherapists are seeing the utility of studying their own and others' therapeutic work. With the growing popularity and acceptance of qualitative methods, the research process takes on special significance for the clinician/researcher. Using qualitative methodologies, therapists can conduct studies that are immediately relevant to their therapeutic work. In this paper, I discuss eight decisions or "choice points" clinician/researchers face when conducting clinical qualitative research studies. The choices I discuss are not all inclusive, yet they are representative of the choices most clinical qualitative projects required.

Chaos In The Clinic:Applications Of Choas Theory To A Qualitative Study Of A Veterinary Practice, Eleanor Craven Brennan

The Qualitative Report

This paper is the result of a twelve hour participant observation study of a local, private veterinary practice in southeastern Pennsylvania. Field notes and semi-structured interviews, the result of naturally occurring conversation between me and practice members, were taken over a twelve week period, one hour of site visit each week. Using a grounded theory methodology, categories of social interaction among veterinarians, veterinary technicians, clerical staff, owners and animal clients were assembled, discarded and re-assembled. The resulting categories were analyzed using the conceptual framework of chaos theory and the principles of uncertainty. It appears that the most striking feature of …

The Supreme Court's Decision To Recognize A Psychotherapist Privilege In Jaffee V. Redmond, 116 S. Ct. 1923 (1996): The Meaning Of The Term 'Experience' And The Role Of 'Reason' Under Federal Rule Of Evidence 501, Diane Marie Amann, Edward J. Imwinkelried

Scholarly Works

In Jaffee v. United States, 116 S. Ct. 1923 (1996), the U.S. Supreme Court recognized a testimonial privilege protecting the patient-psychotherapist relationship. Its decision is based on Rule 501 of the Federal Rules of Evidence, which permits courts to decide novel questions of privilege in the light of reason and experience. The Court held that this rule authorized not only recognition of a new privilege, but also a privilege of a broad scope, extending to relationships between patients and licensed clinical social workers. Its decision came as a mild surprise, given a widely shared assumption that Rule 501 creates a …

An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb

All Faculty Scholarship

Traditionally, the legal system has attempted to fashion morality in determining family legal issues rather than to devise legal remedies that accommodate how families live. This approach must change, and a new approach based on legal realism that effectuates the well-being of families and children must be developed. This article proposes an interdisciplinary approach based on an ecological and therapeutic jurisprudential paradigm to resolve family legal proceedings. An ecological approach, emanating from the ecology of human development social science paradigm, is one in which family law decision-makers consider factors beyond their conceptions of the family. This approach urges decision-makers to …

Human Capital And Social Work, Sondra Beverly, Michael Sherraden

Center for Social Development Research

This article is an update and continuation of Theodore Schultz’s seminal, but largely unheeded, 1959 article on human capital. Like Schultz, we suggest that building human capital should be a key development strategy for social workers. Empirical research demonstrates that human capital has important positive outcomes. However, opportunities for human capital development are not equally accessible to all. By facilitating human capital development among disadvantaged groups, social workers can help individuals obtain skills that will enable them to compete in post-industrial labor markets. This emphasis on investment and development is particularly relevant today since, in the current political climate, there …

Can Sociological Research Be Qualitative, Critical And Valid?, David Wainwright

The Qualitative Report

Qualitative Research is enjoying a new found respectability in medical sociology, derived in part from an increasing willingness to submit to positivist criteria of reliability and validity. Whilst such claims to 'scientific' credibility have raised the status of the approach, this has only been achieved by driving a wedge between ethnographic methods of data-collection and their origins in the phenomenological strands of sociological thought. One consequence of this schism has been to rob qualitative research of its critical potential, transforming it from a means of challenging discursive formations into a mechanism of surveillance. This paper defines the broad contours of …

Legal Education: Nemesis Or Ally Of Social Movements?, Janet E. Mosher

Osgoode Hall Law Journal

There is much in legal education which contributes to lawyering practices that are fundamentally at odds with the formation of social movements. These practices include the "individualization" of client problems; the reshaping of the realities of clients' lives into legal categories or boxes; the commitment to instrumentalism (that is, to securing a favourable legal result); and lawyer domination and control and the correlates of client silence and passivity. The genesis for these features of dominant lawyering practices can be traced, at least in part, to legal education. More specifically, legal education's emphasis upon doctrinal analysis, its tendency to trade upon …

The Demystification Of Legal Discourse: Reconceiving The Role Of The Poverty Lawyer As Agent Of The Poor, Cherie Robertson

Osgoode Hall Law Journal

By employing traditional methods of legal representation when acting on behalf of those living in poverty, lawyers act to perpetuate the disempowerment of poor people.. While the systemic barriers confronting the poor must be addressed, so too must the power of the poor to help themselves through organization and resistance. The task of the poverty lawyer committed to facilitating the agency of the poor is made difficult by the exclusivity and formalism of legal discourse, the constraints of the Rules of Professional Conduct, and by traditional understandings of the appropriate role of lawyers. However, a reconceptualization of the role of …

The Spousal Assault Policy: A Critical Analysis, Leah Rachin

Osgoode Hall Law Journal

This article examines the complex relationship between PCLS's spousal assault policy and the clinic's mandate to practice poverty law. The author addresses the conflict which arises from the clinic's attempt to reconcile two goals-access to justice for all members of Parkdale's poor community and advocacy in the area of violence against women. The article also examines whether poverty can serve as a catalyst for violent behaviour or whether such a hypothesis is based on classist myths and assumptions. Ultimately, the author concludes that if battering can be linked to poverty, then PCLS (as a poverty law clinic) has an obligation …

The Perils Of Poverty: Prostitutes' Rights, Police Misconduct, And Poverty Law, Ray Kuszelewski, Dianne L. Martin

Osgoode Hall Law Journal

This article is divided in two parts. In Part I, Ray Kuszelewski details the history of setbacks in representing street prostitutes faced by community-based initiatives at Parkdale Community Legal Services (PCLS). It is a personal, anecdotal, account of the clinic's evolutionary role in tackling the perils of poverty for street prostitutes. In Part II, Dianne Martin complements the first section by addressing the specific problem of police misconduct. The commentary is historical and theoretical in examining prior efforts at reform and argues for the development of a new, collaborative approach. The context is local and particularized in a community legal …

Gender, Race, And Court Location Effects On Exceptional Sentencing In The State Of Washington, Catherine L. Drezak

Sociology & Criminal Justice Theses & Dissertations

Policy statements by the Sentencing Commission for the State of Washington emphasize that gender, race, and community ties are irrelevant to sentencing decisions. Based on prior sentencing practices, these policies carry the potential to incorporate unrecognized sentencing disparity practices into the proposed sentencing equality solution. Using Washington's sentencing data under current sentencing guideline structures, this research examined the sentencing outcomes with respect to sentences given outside the guidelines. This study was designed to address the research questions: What effect, if any, does gender have on exceptional sentence outcome? To what extent, if any, is race a factor in determining gender …

Uni Schedule Of Classes, Summer 1997, University Of Northern Iowa

UNI Schedule of Classes

A listing and schedule of the courses being taught as well as policies and procedures concerning attending classes at the University of Northern Iowa.

African-American Males' Perception Of Law Enforcement: A Psychophysiological Perspective, Adolph Brown Iii

Psychology Theses & Dissertations

This study compared the psychophysiological reactivity of African American and European American males to authority. Nineteen African American males and 23 European American males were randomly assigned to either be interrogated by a police officer, or see a police officer interrogate that experimenter or view a videotape of police activity. Participants' physiological reactivity, acceptance of authority, fear of negative evaluation or social anxiety, and apprehension and anxiety in stressful situations as well as EMG, SCR, heart rate, respiration, and blood pressure were measured. African American males were hypothesized to show greater physiological response than European American males and participants who …

Bailing Out Of Bonds: The Effect Of Victim/Offender Relationships And Other Factors In The Setting Of Bail, Tancy Vandecar

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to investigate which factors impact bail decisions made by magistrates and judges. Much of the research on this topic was done in the early 1960s and 1970s when efforts such as the Manhattan Bail Project were in full force and the decisions of magistrates had not been investigated. There has been little research which looks specifically at the effect of victim-offender relationship on the bail decision. The present research utilizes bail decisions made by judges in the General District Court of Virginia Beach, Virginia as well as Virginia Beach magistrates. The effects of offense …

The Inner-Morality Of Juvenile Justice: The Case For Consistency And Legality, Adam D. Kamenstein

Cardozo Law Review

American legal and sociological scholarship has struggled for the past century to achieve an effective system for dealing with the problem of juvenile crime. Current juvenile justice systems are the result of this seemingly insurmountable struggle that represents the views of a multitude of competing and complementary interests. These interests, expressed through both descriptive and normative accounts, range from those focused on the welfare of the child who is brought into the juvenile justice system to those concerned with holding the child accountable for his actions. Over a substantial period of American history, these competing interests have yielded a plethora …

Annual Report Of The University, 1996-1997, Volumes 1-5, University Of New Mexico

UNM Annual Reports

1. Significant Developments During the Academic Year 1995-96 During much of this time, the main galleries were closed due to the extensive renovations of the performing arts spaces and the shared lobby area in the Fine Arts Center. We slowly began to emerge during the months of April and May, but full operations could not resume until fall. Needless to say, this extended period of working around reconfigured storage (all prints and photographs were temporarily housed in the main gallery) and non-existent exhibition space was difficult for the staff; for our general public, and - especially - for faculty and …