Digital Commons Network^™

Educating The Total Jurist?, W. Wesley Pue

All Faculty Publications

This paper discusses a discontinuity between the ways in which legal education has historically sought to reconstruct the soul of lawyers-in-training and the contemporary conceit that legal education can be value-free. It identifies a gap between early 21st century narrowly technocratic approaches to legal professionalism - epitomized by Enron professionalism and earlier conceptions of lawyering. A desire to instill a moral sensibility in apprentice lawyers weighed heavily in an earlier generation's thinking about legal education everywhere in the common law world, giving rise to the programmes, schemes, and imaginings that provided templates for contemporary university legal training. With surprising consistency, …

Coming Out For Kids: Recognizing, Respecting, And Representing Lgbtq Youth, Barbara A. Fedders

Faculty Publications

No abstract provided.

Instituting Innocence Reform: Wisconsin's New Governance Experiment, Katherine R. Kruse

Scholarly Works

The DNA exoneration cases of the past two decades have provided a window into what hasn't been working in the criminal justice system and an agenda for criminal justice reform. The challenge currently facing the innocence reform community is to translate this agenda into concrete reforms that institute and sustain best practices for the investigation and prosecution of crimes, while allowing flexibility for the understanding of best practices to continue to evolve. In 2005, Wisconsin underwent a breathtaking course of legal reform in two of the problem areas that have plagued wrongful convictions: mistaken eyewitness identification and false confession. The …

Bringing Families In: Recommendations Of The Incarceration, Reentry And Family Roundtables, Ann Cammett, Johnna Christian, Nancy Fisherman, Lori Scott-Pickens

Scholarly Works

Building on the findings of the New Jersey Reentry Roundtable and a growing concern around the state about how to improve outcomes for the more than 70,000 individuals expected to return home from prison over the next five years, the roundtable examined the complex role that families – broadly defined – play in the lives of prisoners during incarceration and after their release. This document presents a set of recommendations emerging directly from roundtable sessions and provides a road map for individual and collaborative efforts accepted by a range of key players in New Jersey, including government officials, community and …

Using Multivariate Logistic Regression Analysis To Predict Black Male Persistence At A Predominately White Institution: An Approach Investigating The Relationship Between Student Engagement And Presistence, Dewayne K. Bowie

LSU Doctoral Dissertations

This study examined the impact of student engagement on persistence decisions of Black males attending a predominately White public institution in the South. The phenomenon of Black male student persistence at predominately White public institutions is multifaceted and complex. Many Black males enter predominately White campuses lacking the requisite background and experiences deemed necessary and important to student success and persistence. The role of improving persistence is shared by many with much responsibility placed on the students and the institution. Upon entering a predominately White campus there are several institutional factors identified in research that play a critical role in …

The Visible Brain: Confidentiality And Privacy Implications Of Functional Magnetic Resonance Imaging, Stacey A. Tovino

Scholarly Works

Functional magnetic resonance imaging (fMRI) has built on a number of technologies, including electroencephalography, magnetoencephalography, positron emission tomography, and single-photon emission computed tomography, to become one of the decade’s most powerful tools for mapping sensory, motor, and cognitive function. Scientists also are using fMRI to study the neural correlates of a range of conditions, characteristics, and social behaviors, including severe brain injury, major depression, schizophrenia, dyslexia, cocaine addiction, compulsive gambling, pedophilia, racial evaluation, deception, cooperation, altruism, and even sexual preference. Poised to move outside the research context, fMRI and its ability to detect correlations between brain activations and sensitive and …

Lock'em Up And Throw Away The Key: Racial Attitudes And The Structural Determinants Of Support For Crime Policy Among White Americans, Amanda J. Abraham

LSU Doctoral Dissertations

This study investigates support for the death penalty and federal crime spending among white Americans. Data from the American National Election Studies (ANES) series (1992-2000) are matched with census tract level indicators of demographic and community characteristics from the 1990 and 2000 Census Bureau Summary File Tape 3A and county level crime data supplied by the Federal Bureau of Investigation�s Uniform Crime Reports (UCR). Ordered logistic regression is used to investigate five general research questions: (1) Are racial attitudes the most salient individual level predictors of support for crime policy among whites as suggested by prior research? (2) Are whites� …

The Relationship Of Crime And Oil Development In The Coastal Regions Of Louisiana, Asha D. Luthra

LSU Doctoral Dissertations

This project examines the relationship between patterns of crime and the development of the oil and gas extraction industry in the coastal regions of Louisiana. The suggestion of a link between these phenomena has often been made, but little systematic research has been conducted to determine if there is indeed a crime-oil development nexus. Limited previous research has focused primarily on the issue of “boom and bust” cycles on some forms of deviant behavior, but the data and the methods used were inadequate, and thus, the resulting conclusions were often misleading or possibly erroneous. During the course of this project, …

The Justice Of Recovery: How The State Can Heal The Violence Of Crime, Linda G. Mills

UC Law Journal

A longstanding assumption of the criminal justice system is that victims benefit in some way from the prosecution and punishment of the person who caused them harm. This Article, however, argues that victim healing involves more than punishing the offender, and that by rethinking the roles victims perform in the criminal justice system, we may provide them with a more comprehensive menu of options to facilitate their recovery from crime. The societal goals of punishment and accountability and the individual desire for healing are not mutually exclusive. Incorporating recovery approaches from both the science of victimology and theories of restoration …

Mitigation And The Capital Defendant Who Wants To Die: A Study In The Rhetoric Of Autonomy And The Hidden Discourse Of Collective Responsibility, Daniel R. Williams

UC Law Journal

Two powerful adjudicatory ideals-preserving individual autonomy and promoting systemic reliability-collide most dramatically in cases where capital defendants join the prosecution in seeking a death verdict. Capital defendants do this by "waiving" the presentation of all mitigation evidence and affirmatively urging the jury to sentence them to death. This supposed expression of autonomy (presumably not unlike other constitutional waivers) impedes the sovereign's constitutional mandate to pursue reliable capital sentencing. Does autonomy trump reliability? This Article examines the mitigation-waiver conundrum in a way never done before, and by doing so, aspires to illuminate how the rhetoric of autonomy suppresses destabilizing notions such …

Delinquent Or Disabled? Harmonizing The Idea Definition Of "Emotional Disturbance" With The Educational Needs Of Incarcerated Youth, Moira O'Neill

UC Law Journal

Congress enacted the Individuals with Disabilities Education Act (IDEA) to meet the special education needs of disabled youth. Yet the Department of Education regulations defining "emotional disturbance," one of the qualifying disabilities under the IDEA, have consistently defined the term to exclude youth diagnosed as "socially maladjusted." Special education scholars and professionals have long criticized this definition of emotional disturbance as imprecise and inconsistent with mental health constructs of emotional and behavioral disorders. Incarcerated youth are particularly affected by this definition of "emotional disturbance," as they demonstrate a higher prevalence of special educational needs than does the public school population. …

Ignoring The Supreme Court: State V. White, The Civil Commitment Of Sexually Violent Predators, And Majoritarian Judicial Pressures, Eric W. Buetzow

UC Law Journal

In Kansas v. Hendricks, the Supreme Court upheld the constitutionality of state statutes that allow for the civil commitment of "sexually violent predators" after completion of their criminal sentences. But the Court in Hendricks left uncertain the precise requirements demanded by substantive due process in this context. Specifically, questions remained regarding whether, and to what degree, a defendant must suffer from volitional inability for the commitment to pass constitutional muster. The Supreme Court responded five years later in Kansas v. Crane, where it held that "there must be proof of serious difficulty in controlling behavior." This could have been considered …

Aba Files Amicus Brief In Actual Innocence Case, Rory K. Little

Faculty Scholarship

No abstract provided.

Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr.

Articles by Maurer Faculty

No abstract provided.

"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo Thusi

Articles by Maurer Faculty

This Comment focuses on the nuances of post-Booker cooperation departures and sentence variances. Section 5K1.1 of the Guidelines governs the provision of cooperation, or substantial assistance, departures. This provision was the primary method for defendants to receive cooperation departures prior to Booker. The section 5K1.1 provision allowed substantial assistance departures where the prosecution actually benefited from the defendant’s cooperation.

First, Part I.A of this Comment will provide an overview of the original goals of the Sentencing Commission and the section 5K1.1 substantial assistance provision. Part I.B of the Comment summarizes United States v. Booker and its impact on cooperation departures. …

Cue Reactivity And The Role Of Social Alcohol Expectancies In The College-Aged Drinking Population, Ashlee C. Carter

USF Tampa Graduate Theses and Dissertations

Research has shown alcohol expectancies to be critically important in understanding maladaptive drinking patterns within alcohol use disorders. Alcohol expectancies, thought to be automatically elicited in the presence of environmental alcohol-related cues, represent both cognitive and affective associations with drinking behavior. However, the automatic and affective properties of alcohol expectancies have not yet been thoroughly measured in the literature. Psychophysiological measures, including skin conductance, heart rate, and the acoustic startle response in particular, offer a uniquely powerful set of indices for the automatic affective processing of alcohol-related cues.

Therefore, the present study was designed to examine how alcohol expectancies moderate …

Risk And Protective Factors Related To Resilience In Adolescents In An Alternative Education Program, Kelly M. Crawford

USF Tampa Graduate Theses and Dissertations

Using a multivariate correlational design, this study was designed to determine the degree to which selected risk and protective factors were related to resilience in an at-risk student population. A total of 12 individual, family and external risk and protective factors were identified and data were collected from 142 6th through 11th grade students in an alternative education program for individuals who had committed severe behavioral infractions. A series of multiple regression analyses were conducted using three outcome variables: a rating of students' resilient behavior, number of behavior referrals in the students' records, and standardized reading achievement scores. Five percent …

African American Parents In The Search Stage Of College Choice: Unintentional Contributions To The Female To Male College Enrollment Gap, Michael J. Smith, Michael Fleming

Education Faculty Publications and Presentations

A serious imbalance exists in today’s African American undergraduate student population where women far outnumber men. Although at the macro level political, sociological, and economic forces frame this gender enrollment gap, scant research has explored micro level influences such as parents and parenting. This study uses a qualitative methodology and Hossler’s model of college choice to examine African American parent involvement during the search stage. The study found that the parents, who were mostly female, had higher aspirations for daughters, encouraged daughters to consider four-year colleges more often, but showed equal levels of tangible support for sons and daughters. The …

The Relationship Between Emotional Recognition And Personality Traits, Lyndon A. Mitchell

Theses

This study investigated the relationship between personality traits and the ability to recognize emotions from facial expressions. A sample of undergraduate and graduate students (n = 52) were administered the 16 Personality Factor Questionnaire 5th Edition (16PF-5) (Cattell, 1993) and an abbreviated version of Ekman's Pictures of Facial Affect (Ekman & Friesen, 1976). Pearson product-moment correlations revealed that the personality trait, Apprehension, was associated with the accurate recognition of most of the emotions. Further, regression analyses revealed that the recognition of fear was best predicted by the 16PF factors Dominance, Self Reliance and Apprehension. Personality differences were also identified between …

Reflections Of A Former Dean, Nancy B. Rapoport

Scholarly Works

law school admininstration, higher education governance, dean, deaning

A Comparative Approach To Teaching Criminal Procedure And Its Application To The Post-Investigative Stage, Stephen C. Thaman

All Faculty Scholarship

This article addresses why a comparative perspective should be brought into a basic bar course like criminal procedure. American courts and students should be aware of how other countries process their criminal cases to determine whether we can learn from them. It discusses archetypes of criminal procedure as teaching tools, applications of comparative models in the post-investigative stage of criminal procedure, the right to an oral immediate trial and the right to confront witnesses, and the division of labor between lay and professional judges in deciding facts, guilt, and sentencing. By immersing oneself in comparative law and the history of …

Public Health Emergency Preparedness Terminology: Using An Interactive Game To Introduce Complex Words And Definitions, Julie Gleason-Comstock, Tim Spannaus, Ellen Marks, Deborah Charbonneau, Alicia Streater

Michigan Journal of Public Health

Objectives. An educational reinforcement exercise, using a bingo game, introduced students to challenging public health emergency preparedness terminology in order to pilot test the use of a game as an efficient method of learning a new vocabulary and definitions. Knowledge of the language of emergency preparedness and a fast and fun way to stay current could contribute to better coordination among public health personnel and their community partners. Methods. A bingo game, developed using Macromedia Flash and XML files, and delivered within the Blackboard™ Course Management System was tested with first year medical students in a library orientation, and graduate …