Digital Commons Network^™

Right Of Return: Lee V. City Of Chicago And Continuing Seizure In The Property Context, Graham Miller

DePaul Law Review

No abstract provided.

Ecocritism And The Renaissance: A Study In Shakespeare And More, Melissa Levert Smith

Honors Theses

This study draws on ideas from the emerging field of literary criticism known as ecocriticism and extends its basic assumptions back to the Renaissance works of Thomas More and William Shakespeare. The research therefore includes primary Renaissance texts, current ecocritical works, and selections from the twentieth-century criticism from which ecocriticism developed. I investigate in detail More’s Utopia and Shakespeare’s A Midsummer Night’s Dream and King Lear. The study takes into account the disparity between Renaissance attitudes towards the environment and current concerns about pollution and scarcity of resources, but I suggest that the questions asked by ecocritical scholars today, when …

Improving Group Work: Voices Of Students, Brian K. Payne, Elizabeth Monk-Turner, Donald Smith, Melvina Sumter

Sociology & Criminal Justice Faculty Publications

Group work is increasingly being used in a variety of college courses. A number of strengths have driven the increase in the use of this form of collaborative learning. Still, a number of problems potentially limit the use of group projects. In this study, we report on research in which we examined how students recommended changing group projects. Results are categorized into student-centered themes and faculty-centered themes. Implications are provided.

The Challenge Of A Global Standard Of Justice: Peace, Pluralism, And Punishment At The International Criminal Court, Eric Blumenson

Suffolk University Law School Faculty Works

This Article addresses what is often described as the "peace versus justice" problem, as it confronts the recently-established International Criminal Court (ICC). The problem typically arises when the threat of prosecution would derail peace negotiations or deter a tyrant from relinquishing power. If a state then grants amnesty or de facto impunity as the price of peace, should the ICC's prosecutor bring charges in its stead?

This Article analyzes the conflicting claims of peace, pluralism, and punishment in such cases by exploring three fundamental questions:

(1) Does justice in the aftermath of crime always require prosecution and punishment?

(2) If …

The Bullet And The Ballot? The Case For Felon Disenfranchisement Statutes, Roger Clegg, George T. Conway Iii, Kenneth K. Lee

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Gang-Rape Of Mukhtar Mai And Pakistan's Opportunity To Regain Its Lost Honor, Tina Karkera

American University Journal of Gender, Social Policy & the Law

No abstract provided.

State Of Utah V. Douglas A. Lovell : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Case No. 20061025-SC IN THE UTAH SUPREME COURT State of Utah, Plaintift7Appellee, vs. Douglas A. Lovell, Defendant/Appellant. Brief of Appellee Appeal from the denial of a motion to withdraw a guilty plea to aggravated murder, a capital felony, in the Second Judicial District Court of Utah, Weber County, the Honorable Michael D. Lyon presiding.

Legal History Resources, Kurt Metzmeier

Faculty and Staff Scholarship

A bibliographic essay on resources for the study of Kentucky legal history.

Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman

Articles

The National Archives and Records Administration (NARA) is, wisely, planning the future of its enormous collection of relatively recent court records. The pertinent regulation, a “records disposition schedule” first issued in 1995 by the Judicial Conference of the United States in consultation with NARA, commits the Archives to keeping, permanently, all case files dated 1969 or earlier; all case files dated 1970 or later in which a trial was held, and “any civil case file which NARA has determined in consultation with court officials to have historical value.” Other files may be destroyed 20 years after they enter the federal …

Trademark Dilution In Japan, Kenneth L. Port

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Symposium: Secret Evidence And The Courts In The Age Of National Security, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

No abstract provided.

Property And Television, John G. Sprankling

McGeorge School of Law Scholarly Articles

Property rights are-in large part-based on societal expectations. What shapes those expectations? One factor is television, our culture's most important medium of communication. The modern "reality show" may be particularly powerful in affecting the attitudes of viewers because it presents a model of "real life" behavior. This essay is the first legal scholarship to explore the relationship between television and property rights. It focuses on Survivor, the CBS program that chronicles the lives of "castaways" trying to survive in a tropical wilderness, where property is both scarce and vital. Survivor is a "reality show"-and one of the most successful programs …

Research Into Integrated Crime Prevention Strategies For Rail Station Environs: Final Report, Trudi Cooper, Terence Love, Erin Donovan

Research outputs pre 2011

The initial impetus for this project arose from concerns about responses to ‘anti-social behaviour’, especially by young people, in and around rail stations. The primary goal of the research was to develop a collaborative approach that provided a more constructive and integrated response that would produce benefit for local communities, for the Public Transport Authority, and for the young people themselves. In practical terms, this involved:

• Development of interagency collaboration processes to support agencies with diverse goals to participate constructively without loss of autonomy;

• Identification at a local level of the common issues of concern, their causes, and …

New Life For The ‘Criteria Tests’ In State Constitutional Jurisprudence: ‘Gunwall Is Dead—Long Live Gunwall”, Hugh D. Spitzer

Articles

Outlines the develoment of state constitutional jurisprudence in Washington State between 1986 and 2006. Provides a general theory of state constitutional analysis, and recommends retention of the "creteria" approach to application of state constitutions, primarily as an interpretive tool.

State V. Calin: The Paradox Of The Insanity Defense And Guilty But Mentally Ill Statute, Recognizing Impairment Without Affording Treatment, Amy D. Gundlach-Evans

South Dakota Law Review

No abstract provided.

Criminal Discovery In South Dakota, Timothy R. Johns

South Dakota Law Review

No abstract provided.

How Strong Collaboration Between Legal And Social Service Professionals Will Improve Outcomes For Trafficking Survivors And The Anti-Trafficking Movement, Heather C. Moore

Intercultural Human Rights Law Review

This article will discuss and demonstrate how attorneys can protect and yield better legal outcomes for their clients by collaborating with social service professionals specifically, and by reconsidering their own roles in serving trafficking survivors--not only as legal advocates, but as informal mental health advocates. This article also presents one model of comprehensive service delivery, that of the Coalition to Abolish Slavery ("CAST"), in which legal and social services complement and support each other within one agency to better serve clients.

The Past, Present, And Future Of Violent Crime Federalism, Daniel C. Richman

Faculty Scholarship

The history of the federal involvement in violent crime frequently is told as one of entrepreneurial or opportunistic action by presidential administrations and Congress. The problem with this story, however, is that it treats state and local governments as objects of federal initiatives, not as independent agents. Appreciating that state and local governments courted and benefited from the federal interest is important for understanding the past two decades, but also for understanding the institutional strains created by the absolute priority the feds have given to counterterrorism since September 11, 2001. Intergovernmental relations are at a crossroads. For two decades, the …

Institutional Coordination And Sentencing Reform, Daniel C. Richman

Faculty Scholarship

Deciding how much time a person should spend in prison for a serious crime is an inherently moral and political act. And it is certainly coldhearted and philosophically problematic to view sentencing as just an agency problem with criminal defendants as objects of a system in which prison terms are simply outputs. So I will not even try to justify resorting to a narrow institutional perspective as a normative matter. But, for better or worse, those political actors with the greatest influence on sentencing regimes have to think in aggregate terms. While there is considerable normative appeal to the idea …

Rights Myopia In Child Welfare, Clare Huntington

Faculty Scholarship

For decades, legal scholars have debated the proper balance of parents' rights and children's rights in the child welfare system. This Article argues that the debate mistakenly privileges rights. Neither parents' rights nor children's rights serve families well because, as implemented, a solely rights-based model of child welfare does not protect the interests of parents or children. Additionally, even if well-implemented, the model still would not serve parents or children because it obscures the important role of poverty in child abuse and neglect and fosters conflict, rather than collaboration, between the state and families. In lieu of a solely rights-based …

Legislating Racial Fairness In Criminal Justice, Olatunde C.A. Johnson

Faculty Scholarship

Twenty years ago, in McCleskey v. Kemp, the Supreme Court rejected a capital defendant's claim that statistical evidence of racial discrimination in the administration of Georgia's death penalty system constituted a violation of the Eighth and Fourteenth Amendments. Yet, even as McCleskey effectively bars constitutional challenges to racial disparities in the criminal justice system where invidious bias is difficult to establish, the Court invites advocates to pursue legislation as a remedy to racial disparities. Indeed, the McCleskey Court offers as a rationale for its ruling the judiciary's institutional incompetence to remedy these disparities, holding that "McCleskey's arguments are best …

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

Faculty Scholarship

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 twenty years later, the three most populous cities in the United States – 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 …

From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard Harcourt

Faculty Scholarship

The incarceration revolution of the late twentieth century fueled ongoing research on the relationship between rates of incarceration and crime, unemployment, education, and other social indicators. In this research, the variable intended to capture the level of confinement in society was conceptualized and measured as the rate of incarceration in state and federal prisons and county jails. This, however, fails to take account of other equally important forms of confinement, especially commitment to mental hospitals and asylums.

When the data on mental hospitalization rates are combined with the data on imprisonment rates for the period 1928 through 2000, the incarceration …

Symposium On Sentencing Rhetoric: Competing Narratives In The Post-Booker Era, David M. Zlotnick

Roger Williams University Law Review

No abstract provided.

The New Religious Prisons And Their Retributivist Commitments, Marc O. Degirolami

Scholarly Articles

This essay explores the criminological commitments of religious prisons. Though religious prisons serve rehabilitative aims, this essay emphasizes the importance of their retributive goals-what Professor R.A. Duff has termed the censure-communicating purpose of punishment and the "Three 'R's of Punishment" (repentance, reform, and reconciliation)9-in justifying the use of religious programming in prisons. The focus of this article is narrow: it offers an argument in response to skeptics who claim that religious programming serves no criminological purpose absent an unequivocal showing of rehabilitative effectiveness. It claims that even if the evidence of reduced recidivism has been inflated or manipulated, as many …

In Plain Sight? Human Trafficking And Research Challenges, Austin Choi-Fitzpatrick

Human Rights & Human Welfare

A review of:

In Modern Bondage: Sex Trafficking in the Americas. Edited by David E. Guinn and Elissa Steglich. Ardsley, NY: Transnational Publishers, 2003. 475pp.

Learning From Practice: Reframing The Scholarly Dialogue On Children’S Rights And Sexuality, Jean Scandlyn

Human Rights & Human Welfare

A review of:

Of Innocence and Autonomy: Children, Sex and Human Rights. Edited by Eric Heinze. Aldershot: Ashgate, 2000. 208 pp.

Human Rights In Argentina, Scott Muttersbaugh

Human Rights & Human Welfare

The election of populist Juan Peron in 1946 brought expanded economic and social rights to the working class. Consequently his popularity continued to rise, although the armed forces staged a coup in 1955, resulting in Peron’s nearly twenty-year exile. By 1973 Argentina’s economy had fallen apart and the still popular Peronist party gained the support needed for Peron’s return. With terrorism on the rise, the government granted a special executive authority to the military, allowing Peron to imprison people indefinitely without a trial, signaling a change in the government's priorities towards human rights.

From Memphis To Kingston: An Investigation Into The Origin Of Jamaican Ska, Paul Kauppila

Faculty and Staff Publications

The distinguishing characteristic of most Jamaican popular music recordings, including reggae and its predecessor, ska, is an emphasis on the offbeat or afterbeat instead of on the downbeat, as found in most US pop music. A study is presented that critically examines proposed theories to explain this tendency through historical and musicological analysis and concludes that the prevalence of the downbeat is a mixture of Jamaican folk and African-American pop music influences in its earliest incarnation but was later deliberately emphasized in an attempt to create a unique new musical style.

Symposium On Sentencing Rhetoric: Competing Narratives In The Post-Booker Era, David M. Zlotnick

Law Faculty Scholarship

No abstract provided.