Digital Commons Network^™

Crime Prevention Through Social Development, Ed Rawlinson

Irish Journal of Applied Social Studies

The following document outlines the emergence of Crime Prevention through Social Development (CPTSD) as one pro-active method of crime prevention addressing root causes of crime. A review of the literature reveals that CPTSD programmes have a positive impact on promoting of pro-social behaviours in at-risk populations - with at risk being defined as: those more likely to be involved in the criminal justice process either by committing a crime or as a victim of a crime. Normalization is seen as a process of gathering heterogeneous audiences together for CPTSD deliveries in generically named programmes that will not scare off participants …

Remembering The Forgotten Ones: Protecting The Elderly From Financial Abuse

San Diego Law Review

There is nothing new about fraudulently taking money from people, particularly the elderly. The elderly population is rapidly increasing, however, and is readily accessible by telephone and mail. As a result, the elderly are easy targets for financial abuse. Such abuse can emanate from several sources, including people the victims know and trust, particularly family and friends.

Perpetrators can be people upon whom the elderly depend for care. Abuse can also come from strangers with whom elderly victims have no direct contact. This Article focuses primarily on the financial abuse of the elderly by strangers.

Can Promise Enforcement Save Affordable Housing In The United States?

San Diego Law Review

Promise Enforcement is my original approach to the development of affordable housing. Promise Enforcement, as a system, includes three components: (1) contextual thinking; (2) valuing individuality, and (3) comprehensive responsibility. Contextual thinking involves a sense of environmental, historical, and geographic context. Valuing individuality allows residents of public housing to express themselves as unique individuals. Comprehensive responsibility involves a complete understanding of the costs and benefits of affordable housing. The theory was inspired in part by the work of Austrian activist, artist, and architect Friedensreich Hundertwasser and the writings of French social contract theorist Jean-Jacques Rousseau. My article that introduced the …

Action Research Center Brings Learning Into Community, Rachel Hatch

Illinois Wesleyan University Magazine, 2002-2017

IWU students earn credit solving real problems.

Legal And Ethical Duties Of Lawyers After Sarbanes-Oxley, Roger C. Cramton, George M. Cohen, Susan P. Koniak

Faculty Scholarship

This Article examines the legal and ethical duties of lawyers after Sarbanes-Oxley, focusing on the application, interpretation and ambiguities of the SEC rule implementing Section 307. Although our primary frame of reference will be on the SEC's new rules as an aspect of lawyer regulation, those rules are part of federal securities laws and should be considered in that aspect, i.e., whether they advance the purposes of the federal securities laws. The rules affecting lawyers should not be assessed in a vacuum as a mere turf war between federal regulators on the one hand and the organized bar and its …

Experiences Of Collaborative Law: Preliminary Results From The Collaborative Lawyering Research Project, Julie Macfarlane

Journal of Dispute Resolution

For more than two decades, some of the most respected scholars in the field of dispute resolution have questioned the apparently intrinsic bias of litigation against cooperative, problem-solving outcomes for clients. The continuing discussion focuses on the increasingly adversarial and "uncivil" character of much civil litigation, especially commercial litigation;' the abuse of discovery practices to extend and escalate conflict and costs; the pressure to compete rather than to cooperate when facing the uncertainty of the other side's next move (the classic prisoner's dilemma described by Mnookin and Gilson); an observed tendency towards a reduction of counseling and "deliberative wisdom" provided …

Be Not Afraid Of Change: Time To Eliminate The Corporate Practice Of Medicine Doctrine, Nicole Huberfeld

Faculty Scholarship

This article argues that the corporate practice of medicine doctrine is a physician-centric, guild type doctrine that is misplaced in the present incarnation of the American healthcare system and that does nothing to improve quality, efficiency, or accountability. The paper focuses on three key reasons that the corporate practice of medicine doctrine should be laid to rest. First, the motives for creating the corporate practice of medicine doctrine are long gone, as physicians have not been able to operate as a guild of autonomous providers of healthcare for quite some time. Second, it is disingenuous to pretend that physicians are …

The Changing World Of Employee Benefits, Maria O'Brien

Faculty Scholarship

When I graduated from law school in 1985, there were no courses offered in employee benefits law. Nor, as near as I can recall, was ERISA ever discussed in any of the labor and employment classes I took. There was no mention in the introductory labor law course or in other classes about employment discrimination, union organizing, and employment arbitration. Now, in contrast, many law schools include a course on employee benefits and ERISA, and students hoping to work in the labor and employment area frequently find that ERISA work is plentiful, and traditional NLRA work is not. This, of …

The Debtor-Patient: In Search Of Non-Debt Alternatives, Melissa B. Jacoby

Faculty Publications

No abstract provided.

An Integrative Model Of Clients' Decision To Adopt An Application Service Provider, Yurong Yao

LSU Doctoral Dissertations

Application Services Providers (ASPs) exploit the economics of delivering commercial off-the-shelf software over the Internet to many dispersed users, but the decision-making process to adopt the ASP business model can be complex requiring a comprehensive consideration of various factors. As a new form of outsourcing, the ASP business model differs from traditional outsourcing models with respect to the attributes associated with vendors, clients, and applications. These differences are expected to demand decision models that are distinct from those in the traditional IS outsourcing. In this study, an integrative model for ASP adoption that incorporates economic determinants, strategic determinants, and social …

The Integration Of Law And Fact In An Uncharted Parallel Procedural Universe, Thomas O. Main

Scholarly Works

No abstract provided.

In Search Of Gideon's Promise: Lessons From England And The Need For Federal Help, Norman Lefstein

UC Law Journal

A significant national problem is the enduring widespread crisis in providing adequate legal representation for indigent defendants in state criminal prosecutions. Insufficient funding and lack of oversight undermines the quality of public defense delivery systems while constantly risking the conviction of innocent persons. Thus, the Constitution's promise of counsel, first recognized in 1963 by the U.S. Supreme Court in Gideon v. Wainwright, remains unfulfilled. This Article, which draws upon an in-depth study of English criminal legal aid, focuses on sources of funding, selection of counsel by the client, and programs to monitor the quality of representation. Comparing the current American …

"Bread For The Poor": Access To Justice And The Rights Of The Needy In India, Marc Galanter, Jayanth K. Krishnan

UC Law Journal

India's courts suffer from enormous backlogs. To remedy this, Indian politicians and judges have been promoting various reforms, including alternative forms that would dispose of cases more quickly. One forum in particular, the Lok Adalat or people's court, has been promoted with special fervor for nearly two decades. The Lok Adalat has been widely trumpeted as a success by its proponents, but very little information is available on the workings of this institution. This study is a preliminary empirical assessment of several sorts of Lok Adalats. These Lok Adalats exhibit great variation in how they function. We find that their …

Who Gets In? The Quest For Diversity After Grutter, Frank H. Wu

Faculty Scholarship

No abstract provided.

Tyranny, Natural Law, And Secession, Geoffrey Plauche

LSU Master's Theses

This thesis is an examination of the problem of tyranny from the perspective of radical libertarianism. History is to be seen as a race and conflict between liberty and power. After a brief introduction, the second section of this thesis is devoted to sketching out a natural law and natural rights theory. With this as the foundation, the third section analyzes the seminal work of Étienne de la Boétie’s The Discourse of Voluntary Servitude in which he elucidates the nature of tyranny and the psychology of subjection. All governments, even the worst tyranny, rest upon general popular acceptance. Religious and …