Digital Commons Network^™

A Jurisprudence Of Dangerousness, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article addresses the state's police power authority to deprive people of liberty based on predictions of antisocial behavior. Most conspicuously exercised against so-called "sexual predators," this authority purportedly justifies a wide array of other state interventions as well, ranging from police stops to executions. Yet there still is no general theory of preventive detention. This article is a preliminary effort in that regard. The article first surveys the various objections to preventive detention: the unreliability objection; the punishment-in-disguise objection; the legality objection; and the dehumanization objection. None of these objections justifies a complete prohibition on the state's power to …

Rethinking Legally Relevant Mental Disorder, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The law insists on maintaining mental disorder as a predicate for a wide array of legal provisions, in both the criminal justice system and the civil law. Among adults, only a person with a "mental disease or defect" can escape conviction for an intentional, unjustified crime on grounds of cognitive or volitional impairment.' Only people with "mental illness" or "mental disorder" may be subjected to indeterminate preventive commitment based on dangerousness. Under the laws of many states, only people with a mental disorder are prevented from making decisions about treatment, criminal charges, wills, contracts, and a host of other important …

Teaching A Course On Regulation Of The Police (With A Special Focus On The Sixth Amendment), Christopher Slobogin

Vanderbilt Law School Faculty Publications

The organizers of this symposium gave us the choice of writing about effective assistance of counsel or about teaching criminal procedure. I've decided to do both. This article discusses teaching the criminal procedure course most often called "Police Practices," for which I write a textbook entitled Regulation of Police Investigation: Legal, Historical, Empirical and Comparative Materials.' Borrowing heavily from the Teacher's Manual for that book, the first part of this article describes my general philosophy for teaching the course. The rest of the article illustrates this philosophy by describing how I teach students about the application of the Sixth Amendment …

The Structure Of Expertise In Criminal Cases, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This essay, part of a two-issue symposium on the implications of Daubert v. Merrell Dow Pharmaceuticals and its progeny, is built around three propositions about expert testimony and criminal cases. First, the "Daubert trilogy's" focus on verifiability as the threshold for expert testimony pushes the criminal justice system away from the notion that knowledge is socially constructed and toward a positivist epistemology that assumes we can know things objectively. Second, in the long run, that development will be good for prosecutors and bad for criminal defendants, given the different types of expertise on which they rely. Third, the consequence of …

Myth Of Ownership / Myth Of Government, Jeffrey Schoenblum

Vanderbilt Law School Faculty Publications

Indisputably, the lives of all individuals, now and throughout history, have not been commensurate in every respect. No individual has the most of everything at all times - net worth, love, happiness, security, companionship, fame, food, land, grandchildren, or whatever else he or she values.1 Nevertheless, a utopian strain in intellectual thought, emanating as the Enlightenment afterglow,2 continues to place its faith in the public construction of an ersatz equality that has never existed naturally.3 The Myth of Ownership, a recent book by two New York University law/philosophy professors, Liam Murphy and Thomas Nagel, is a striking exemplar of this …

The Role Of Predator-Induced Polyphenism In The Evolution Of Cognition: A Baldwinian Speculation, Scott F. Gilbert

Biology Faculty Works

No abstract provided.

Whiplash: Who's To Blame?, Valerie P. Hans, Juliet Dee

Cornell Law Faculty Publications

Tom is sitting in his car at an intersection, waiting for the red light to change. Without warning, the car behind him, driven by a distracted mother named Elaine, slams into the rear of Tom's car. After the accident, Tom experiences severe neck pain, which interferes with his work and family life. Who's to blame?

If Tom suffered physical injury as a result, then under current legal principles she is responsible for compensating him for his injury. However, research on jury decision making in civil cases suggests that a constellation of psychological, legal and political factors operate together to focus …

Testing The Relationship Between Student's Perceptions, Achievement, And Learning Style Characteristics In Campus Based Lecture Classes, Campus Based Lecture Classes With Computer Enhanced Components, And Classes Offered On-Line, Blake Embrey Robertson

Theses and Dissertations

Educational professionals have always been attracted by the potential of what is going to happen in the future. From film in the 1920s, to television in the 1950s, to computers in the 1980s, and now informational technology in the 1990s, there have always been great expectations that new technology would soon enhance learning and instruction. This study investigated the relationship between student perceptions, academic achievement, and learning style characteristics across three instructional delivery formats: campus-based lecture classes, campus-based lecture classes with computer-enhanced components, and classes offered fully online. As users of the electronic classroom, faculty must properly and professionally integrate …

Every Day Is Halloween: A Goth Primer For Law Enforcement, Gordon A. Crews

Criminal Justice Faculty Publications

The following article is based upon field research conducted by Dr. Gordon A. Crews dealing with juveniles and young adults involved in the “Goth” lifestyle across the United States. This research is part of his ongoing efforts over the last decade to examine the impacts of alternative lifestyles, beliefs, and practices upon juvenile delinquency and violence. Most of the information in this article has been derived from face-to-face interviews with individuals aged 13 to 39 years of age proclaiming to be Goth, Vampires, Satanists, Pagans, Wiccans, New Agers, Druids, and a myriad of other occult-based identities.

Nova Quarterly: The University Of Texas At El Paso, The University Of Texas At El Paso University Communications

NOVA

Winter 2003, Vol. 41, No. 4; No. 156

A Day in the Life

Stochastic Learning Feedback Hybrid Automata For Power Management In Embedded Systems, Pushkin Kachroo, S. K. Shukla, T. Erbes, H. Patel

Electrical & Computer Engineering Faculty Research

In this paper we show that stochastic learning automata based feedback control switching strategy can be used for dynamic power management (DPM) employed at the system level. DPM strategies are usually incorporated at the operating systems of embedded devices to exploit multiple power states available in today's ACPI compliant devices. The idea is to switch between power states depending on the device usage, and since device usage times are not deterministic, probabilistic techniques are often used to create stochastic strategies, or strategies that make decisions based on probabilities of device usage spans. Previous work (Irani et al., 2001) has shown …

Tough Love: Nurturing And Coercing Responsibility And Recovery In California Drug Courts, Stacy Lee Burns

Sociology Faculty Works

This article considers the activities of the participants in California drug treatment courts and their differences from more traditional criminal courts. The article focuses on how drug court judges and defendants interact to construct the defendant as a personally responsible and rehabilitatively changed "recovering" person, or, alternatively, as an essentially "addicted" and deficient self. The research also explores broader links between the ways drug courts operate and the potential complications involved in mixing coerced treatment and "voluntary" participation. The study finds that certain kinds of defendants may be discovered to be unsuitable for participation in the program; that clients negotiate …

Self-Efficacy, Jennifer T. Gosselin, James E. Maddux

Psychology Faculty Publications

The study of self-efficacy is concerned with understanding this important aspect of self and identity—people's beliefs about their personal capabilities and how these beliefs influence what they try to accomplish, how they try to accomplish it, and how they react to successes and setbacks along the way.

Exodus: 40 Years Of Deinstitutionalization And The Failed Promise Of Community-Based Care, Ted Frankel

Dalhousie Journal of Legal Studies

The increasing number of Canadians with mental illness who are left uncared for and roaming the streets represents a huge failing that is not being seriously addressed in our society. Initially thought to be humane and progressive, "deinstitutionalization" has resulted in a very different reality for thousands of people with mental illness who have been released into the community. Many of those liberated from mental institutions and asylums have made an uneasy transition to life on the "outside", sometimes with tragic consequences. The question for consumers of mental health services now is not whether the current system is failing but …

The New Privacy, Paul M. Schwartz, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This article reviews Overseers of the Poor: Surveillance, Resistance and the Limits of Privacy John Gilliom (2001).

In 1964, as the welfare state emerged in full force in the United States, Charles Reich published The New Property, one of the most influential articles ever to appear in a law review. Reich argued that in order to protect individual autonomy in an "age of governmental largess," a new property right in governmental benefits had to be recognized. He called this form of property the "new property." In retrospect, Reich, rather than anticipating trends, was swimming against the tide of history. …

The Art Of Legislative Lawyering And The Six Circles Theory Of Advocacy, Chai R. Feldblum

Georgetown Law Faculty Publications and Other Works

A "legislative lawyer" is a person who exists in Washington, D.C., and in almost every city and state in this country where legislation and administrative regulations are developed. But most people do not know who that person is or what that person does. In fact, most advocacy organizations that should be hiring legislative lawyers have no idea who a legislative lawyer is.

The author coined the term "legislative lawyer" when she created a Federal Legislation Clinic at the Georgetown University Law Center in Washington, D.C. over a decade ago. The author needed to explain to her faculty colleagues what type …

Implied Science, Kelly E. Hart

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Things That Co-Exist, Megan L. Bogonovich

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Bustles, Bows, And Further Frippery| Victorian Costumes For The Nutcracker Ballet, Michele Manis Nokleby

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Dynamics Of Woodchip Trade Between Australia And Japan, And Need For International Cooperation Of Forest Advocates, Mari Yoshimura

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Digital Architecture As Crime Control, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

This paper explains how theories of realspace architecture inform the prevention of computer crime. Despite the prevalence of the metaphor, architects in realspace and cyberspace have not talked to one another. There is a dearth of literature about digital architecture and crime altogether, and the realspace architectural literature on crime prevention is often far too soft for many software engineers. This paper will suggest the broad brushstrokes of potential design solutions to cybercrime, and in the course of so doing, will pose severe criticisms of the White House's recent proposals on cybersecurity.

The paper begins by introducing four concepts of …

Conspiracy Theory, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Over one-quarter of all federal criminal prosecutions and a large number of state cases involve prosecutions for conspiracy. Yet, the major scholarly articles and the bulk of prominent jurists have roundly condemned the doctrine. This Article offers a functional justification for the legal prohibition against conspiracy, centering on psychological and economic accounts. Advances in psychology over the past thirty years have demonstrated that groups cultivate a special social identity. This identity often encourages risky behavior, leads individuals to behave against their self-interest, solidifies loyalty, and facilitates harm against non-members. So, too, economists have developed sophisticated explanations for why firms promote …

Hans Kelsen And The Logic Of Legal Systems, Michael S. Green

Faculty Publications

No abstract provided.

Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius

Faculty Publications

Taking the perspective of the lead U.S. negotiator, Charlene Barshefsky, this article details and analyzes the negotiations that took place in the mid-1990s between the United States and the People's Republic of China over intellectual property rights (IPR). Employing a "negotiation analytic" methodology, Charlene Barshefsky's actions are interpreted to suggest a number of promising approaches to managing the daunting complexities of trade and other negotiations: recognizing the multiparty aspects of apparently bilateral dealings and capturing them in a "deal diagram;" carefully assessing "barriers" to agreement; sequencing to build a winning coalition and overcome potentially blocking ones; "acoustic separation" of issueframes; …

Mr. District Attorney: The Prosecutor During The Golden Age Of Radio, David Ray Papke

Faculty Publications

No abstract provided.

The Supreme Court Sets The Standard: Drug Testing At The Interscholastic Level, Paul M. Anderson

Faculty Publications

No abstract provided.

Integrity: Its Causes And Cures, David Luban

Georgetown Law Faculty Publications and Other Works

Integrity is a good thing, isn't it? In ordinary parlance, we sometimes use it as a near synonym for honesty, but the word means much more than honesty alone. It means wholeness or unity of person, an inner consistency between deed and principle. "Integrity" shares etymology with other unity-words-integer, integral, integrate, integration. All derive from the Latin integrare, to make whole. And the person of integrity is the person whose conduct and principles operate in happy harmony. Our psyches always seek that happy harmony. When our conduct and principles clash with each other, the result, social psychology teaches us, is …

Erasure And Recognition: The Census, Race And The National Imagination, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

This Article is concerned with the constitutive power of the census with respect to race. It is an examination of the U.S. Census as an aspect of what Angela Harris calls race law, "law pertaining to the formation, recognition, and maintenance of racial groups, as well as the law regulating the relationships among these groups." While others have noted and explored the epistemological and constitutive functions of the census race categories, my aim is to unpack this insight in the context of two specific examples of categorical change and contest: the addition of a Chinese racial category in 1870 and …

The Law And Economics Of Disability Accommodations, Michael Ashley Stein

Faculty Publications

The Americans with Disabilities Act provides a clear mandate that disabled workers be provided with "reasonable" accommodations, but does not meaningfully articulate the standards by which reasonableness ought to be measured. Until now, neither courts nor commentators have provided a systematic model for analyzing accommodation claims. This Article articulates an initial law and economics framework for analyzing disability-related accommodations. In doing so, it demonstrates how accommodations span a cost continuum that can be divided into areas of Wholly Efficient and Semi-Efficient Accommodations to be funded by private employers, Social Benefit Gain Efficient Accommodations where the costs should be borne by …

Military Tribunals And Constitutionality: Why International Terrorists Should Be Tried By The Un, David L. Martin, Megan Landen

Brigham Young University Prelaw Review

No abstract provided.