Digital Commons Network^™

Pursuing Justice For The Mentally Disabled, Grant H. Morris

San Diego Law Review

This Article considers whether lawyers act as zealous advocates when they represent mentally disordered, involuntarily committed patients who wish to assert their right to refuse treatment with psychotropic medication. After discussing a study that clearly demonstrates that lawyers do not do so, the article explores the reasons for this inappropriate behavior. Michael Perlin characterizes the problem as ?sanism,? which he describes as an irrational prejudice against mentally disabled persons of the same quality and character as other irrational prejudices that cause and are reflected in prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry. The Article critiques Perlin?s characterization …

Improving Fairness And Accuracy In Food Stamp Fraud Investigations: Advocating Reform Under Food Stamp Regulations, David A. Super

Faculty Scholarship

Some state food stamp agencies are overly aggressive in pursuing charges that claimants have committed intentional program violations. Just as failure to pursue allegations of fraud can undermine the Food Stamp Program’s goals, so can intimidation of claimants. States should take care to follow appropriate procedures in their investigations, and Food and Nutrition Service regulations offer ample grounds to advocate fair treatment of clients. Four key principles should guide states’ antifraud efforts.

Idcr: Infectious Diseases In Corrections Report, Vol. 8 No. 5/6, Infectious Diseases In Corrections

Infectious Diseases in Corrections Report (IDCR)

No abstract provided.

Prostitution And The Sex Industry In Kentucky, Gary W. Potter

Kentucky Justice and Safety Research Bulletin

The provision of sexual services for profit has become a major illicit industry in the hidden economy of Kentucky. Prostitution on the streets, in massage parlors, through escort services, and in bars and strip clubs is common throughout much of the Commonwealth. The evidence shows that criminal organizations ranging from individual entrepreneurships, to small crime networks, to international sex trafficking organizations are active in the provision of illicit sexual services in Kentucky. Thousands of women are employed as sex workers, over one million illicit sexual transactions occur annually, and criminal organizations rake in a minimum of $100,000,000 a year in …

Expectation And Practical Results In Fingerprinting Technology: Where Is The Line Drawn;Note, Rebecca Parrott Waldren

Journal of Legislation

No abstract provided.

Sita's Trousseau: Restorative Justice, Domestic Violence, And South Asian Culture, Rashmi Goel

Sturm College of Law: Faculty Scholarship

This article focuses on the particular cultural factors that affect South Asian women who are abused and immigrant South Asian women who are abused, in particular, in the restorative justice process. By exploring cultural practices and the icon of Sita, the mythological heroine of the Ramayana, this article demonstrates how the South Asian ideals of womanhood and wifehood help to create a mind-set whereby South Asian women are reluctant to advocate for themselves and are reluctant to leave. Such a condition is contrary to the conditions and abilities assumed by the restorative justicemovement for dispute resolution, inside or outside of …

University Magazine Spring 2005, University News Service, Office Of Alumni Relations

University Publications

A message from President Simone||Power play||The bright stuff||The rewards of research||Memories of RIT||On the run||FYI||Parent priorities||Alumni activities||Class notes||Alumni highlights||From the archives

The Wellspring, May 2005, William Winter Institute For Racial Reconciliation

The Wellspring (Newsletter)

No abstract provided.

Volume 16, Number 02, G. William Hill Editor, Linda M. Noble Editor

Reaching Through Teaching

Full text of Volume 16, Number 02 of Reaching Through Teaching.

Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto

San Diego International Law Journal

This Article aims to evaluate the international legal perspectives attendant to U.S. counter-terrorism measures and policy and the attendant strictures an implications. Part II commences by grappling with the uneasy relationship that legal and political complexities have foisted on the UN's ability to address terrorism and the difficult issue of the definition of terrorism. Within the context of this part, the Article also addresses the two dominant counter-terrorism paradigms-law enforcement and conflict management. Part III oves on to evaluate the law enforcement paradigm which treats terrorism as a crime engaging domestic law enforcement. This part offers a discussion of the …

An Examination Of The Media's Framing Of The Illegal Street Racing Issue, Kevin Andrew Igasaki Edd

Dissertations

For the last sixty years, the legal community and public policymakers have assumed that illegal street racing has appealed to a single portion of the driving population—young adults driving modified vehicles. However, this assumption has been based solely on anecdotal information and has never been empirically investigated in the literature. To remedy this situation, this mixed methodology study examined whether this narrow framing of the illegal street racing issue was present in two southern California newspapers and two nationally circulated magazines over a three-year time period. Specifically, this study examined the way in which this issue was framed in daily …

The Alternatives To Detention Program : Assessment Of One Kentucky County's Efforts To Deinstitutionalize Status Offenders., Arthur Hayden

Electronic Theses and Dissertations

Since the beginning of the juvenile justice movement in the United States over a century ago, considerable debate has persisted among policymakers and practitioners concerning the causes of juvenile offending and the appropriate responses to control it. Although the juvenile justice system was conceived and developed to provide individualized, benevolent treatment to young offenders, the system has gradually shifted to resemble a more punitive, adult criminal justice model. While presently the system includes characteristics of both the juvenile and adult justice models, future directions are uncertain. This is problematic for young offenders who need and deserve more solicitous care in …

Legislative Responses To Terrorism: A View From Britain, Geoffrey Bennett

Penn State Law Review (2003 - Present)

No abstract provided.

Court Review: Volume 42, Issue 1 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 42, Issue 1 - Judicial Responses To An Aging America, Max B. Rothman, Burton Dunlop

Court Review: Journal of the American Judges Association

In 2000, the authors published a book titled Elders, Crime, and the Criminal Justice System: Myth, Perceptions, and Reality in the 21st Century, in which several chapters were devoted to older adults’ interactions with the court system.1 Those chapters revealed that these interactions could be highly problematic for elders. In follow-up, this article is based on a project designed to address the overarching issue of whether and how judicial systems in the United States ensure that older adults (60 and older) are provided effective access to the courts, including both civil and criminal jurisdictions.2 In order to accomplish this …

American Review: Volume 42, Issue 1 - Dwi Courts: The Newest Problem-Solving Courts, Victor E. Flango

Court Review: Journal of the American Judges Association

Problem-solving court s — m o re accurately, specialized dockets—are established to deal with problems that may benefit from focused and sustained attention. These courts include a treatment component in an effort to reduce recidivism, which in turn reduces the number of future arrests, prosecutions, and court cases.

Specialized drug courts appeared in the late 1980s in response to the dramatic increase in drug offenses. Some drug courts, often referred to as “drug-treatment courts,” emphasize treatment as the way to reduce recidivism. Essential elements of drug courts include: (1) immediate intervention; (2) nonadversarial adjudication; (3) hands-on judicial involvement; (4) treatment …

Perceptions Of Indiana Superintendents Regarding Utilizing The Services Of A Clerk Of The Works, A Construction Management Firm, Or An In-House Project Manager, Jerrill Vandeventer

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to determine the perceptions of Indiana superintendents regarding utilizing the services of a clerk of the works, a construction management firm, or an in-house project manager to provide project oversight for school corporations. The study identified 20 responsibilities in 3 different categories. Budget management capabilities, communication skills, and expertise in construction management were incorporated into a research survey. The degree to which superintendents perceived how the three construction managers would perform each of these tasks was compared to years of experience in their present position, the emollment of their corporation, and the assessed value …

Reliability And Validity Of The Dallas Threat Of Violence Risk Assessment, Russell B. Van Dyke

All-Inclusive List of Electronic Theses and Dissertations

Several high-profile, multiple-victim school shootings between 1996 and 1999 dramatically shook the public's perception of the safety of our schools. In response to public concern, the Dallas Independent School District (DISD) developed a district-wide policy for responding to threats of violence and implemented the Dallas Threat of Violence Risk Assessment (DTVRA). The DTVRA is designed to help school personnel assess the likelihood of a student following through with a threat and to provide guidance for appropriate interventions for students who threaten violence. The purpose of this study was to evaluate the inter-rater reliability and construct-related validity of the DTVRA. Ratings …

Thirty-Ninth Commencement 2005 (Graduate), Sacred Heart University

Commencement Programs

Program for the Graduate ceremony held May 14, 2005.

Thirty-Ninth Commencement 2005 (Undergraduate), Sacred Heart University

Commencement Programs

Program for the undergraduate ceremonies held May 15, 2005.

University Of Central Florida Undergraduate Catalog, 2005 - 2006, University Of Central Florida

UCF Catalogs

No abstract provided.

An Unwarranted Intrusion: The Constitutional Infirmities Of Washington's Dna Collection Law, Erin Curtis

Washington Law Review

Washington State law requires all convicted felons to submit a biological sample for purposes of DNA testing. Washington State courts have upheld this law as a permissible search under the Fourth Amendment to the United States Constitution. Article I, section 7 of the Washington State Constitution, however, provides broader protections against governmental intrusion than does its federal counterpart. Under the state constitutional provision, law enforcement officials may disturb a citizen's private affairs only if authority of law supports the disturbance. A statute alone cannot provide the requisite authority; rather, the search prescribed must either be pursuant to a warrant or …

Lucky: The Sequel, Martha Chamallas

The Ohio State University Moritz College of Law Working Paper Series

Lucky: The Sequel is a review essay based on Alice Sebold’s 1999 memoir Lucky in which Sebold describes her own rape as a college student, her experiences as a rape victim and her navigation of the legal system. Chamallas uses Sebold’s rape narrative to explore themes of particular interest to feminist legal scholars. She discusses the intersection of race and rape, the continuing controversy surrounding the categorization of rape as a crime of violence versus a sex crime and the usefulness of considering the social and cultural dimensions of the trauma of rape.

Against Prediction: Sentencing, Policing, And Punishing In An Actuarial Age, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

Actuarial methods—i.e. the use of statistical rather than clinical methods on large datasets of criminal offending rates to determine different levels of offending associated with one or more group traits, in order to (1) predict past, present or future criminal behavior and (2) administer a criminal justice outcome—now permeate the criminal law and its enforcement. With the single exception of racial profiling against African- Americans and Hispanics, most people view the turn to the actuarial as efficient, rational, and wealth-maximizing. The fact is, law enforcement agencies can detect more crime with the same resources if they investigate citizens who are …

Broken Windows: New Evidence From New York City And A Five-City Social Experiment, Bernard E. Harcourt, Jens Ludwig

Public Law and Legal Theory Working Papers

In 1982, James Q. Wilson and George Kelling suggested in an influential article in the Atlantic Monthly that targeting minor disorder could help reduce more serious crime. More than 20 years later, the three most populous cities in the U.S.—New York, Chicago and, most recently, Los Angeles—have all adopted at least some aspect of Wilson and Kelling’s theory, primarily through more aggressive enforcement of minor misdemeanor laws. Remarkably little, though, is currently known about the effect of broken windows policing on crime. According to a recent National Research Council report, existing research does not provide strong support for the broken …

Perspectives On Judicial Selection, Norman L. Greene

Mercer Law Review

The Symposium entitled "Judicial Professionalism in a New Era of Judicial Selection," held on October 22, 2004, at the Walter F. George School of Law of Mercer University in Macon, Georgia, generated important questions on judicial selection reform: how are judges selected, how should they be selected, what makes a good judge, how should we deal with a bad judge, what changes need to be made in judicial selection, where are they being made, how can they be made in other states, and how long will it take to accomplish them. Shall we have a justice system where judgeships are …

What Is Constitutional Democracy? A Comparative Analysis Between The United States And The European Union, Rebecca Tweed

Renée Crown University Honors Thesis Projects - All

It is difficult to imagine the concept of constitutionalism without the notion of deliberative democracy. Historically, written constitutions are the capstone of the ages-long struggle to limit arbitrary governmental action. James Madison said, “In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government.”

We live in an era of constitution making. There are close to 200 national …

Is There Anything Outside The Class? Law, Literature, And Pedagogy, Penelope Pether

Cardozo Law Review

No abstract provided.

Racial Profiling: National Legislation Policy Analysis, Latasha Chaffin

SPNA Review

Racial profiling was traditionally viewed as an issue that primarily affected African-Americans and Latino Americans. After September 11th the issue of racial profiling has expanded to more directly affect Central and South Asian Americans, Arab Americans, Muslim Americans, members of other communities perceived to originate from the Middle East and immigrants and Americans of foreign descent. These communities are joining with African-American and Latino communities to support national racial profiling legislation on a broader level, not just in traffic stops, but in regulation of all interaction with law enforcement including at airports. The national racial profiling legislation debate presents three …

2005 Baccalaureate & Graduate Commencement, Lindenwood University

Commencement Programs

Lindenwood University Commencement program.