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2007-08 Unopa Annual Report

UNOPA: Annual Reports

INSIDE THIS REPORT President’s Report.....................................1 Elected Officer’s Reports............................4 Financial Statement...................................5 Standing Committee Reports......................6 National Activities....................................18 UNOPA Bylaws........................................20 UNOPA Standing Rules............................25 Duties of Committees..............................26

Valentine National Wildlife Refuge 2007

United States Fish and Wildlife Service: Publications

INTRODUCTION

Valentine National Wildlife Refuge (NWR) was established on August 4, 1935 under the Migratory Bird Conservation Act by Executive Order 7142. The purpose of the refuge as stated in the executive order is “as a refuge and breeding ground for migratory birds and other wildlife.” Acquisition funding came from Duck Stamp sales and the Emergency Conservation Fund Of 1933.

The 71,772-acre Valentine NWR is located in the Sandhills of north-central Nebraska. The Sandhills contain the largest remaining stands of mid and tall grass native prairie left in North America. The refuge is a unique and ecologically important component of …

Chaos In The Courtroom, Controlling Disruptive Defendants And Contumacious Counsel In War Crimes Trials, Michael P. Scharf

Faculty Publications

During the eight month-long Dujail trial (October 2005-August 2006), Saddam Hussein, his seven co-defendants, and their dozen lawyers regularly disparaged the judges, interrupted witness testimony with outbursts, turned cross examination into political diatribes, and staged frequent walk-outs and boycotts. Drawn from the author's September 2006 lecture to the staff of the Office of the Prosecutor of the International Criminal Court in The Hague, this article examines some of history's previous messy trials and the strategies judges have employed with varying degrees of success to respond to disruptive conduct by trial participants. It then describes the various tactics employed by the …

Forward: Lessons From The Saddam Trial, Michael P. Scharf

Faculty Publications

Forward to the conference on "Lessons from the Daddam Trial."

Fragile Democracies, Samuel Issacharoff

Faculty Articles

Democratic regimes around the world find themselves besieged by antidemocratic groups that seek to use the electoral arena as a forum to propagandize their causes and rally their supporters. Virtually all democratic countries respond by restricting the participation of groups or political parties deemed to be beyond the range of tolerable conduct or viewpoints. The proscription of certain views raises serious problems for any liberal theory in which legitimacy turns on the democratic consent of the governed. When stripped down to their essentials, all definitions of democracy rest ultimately on the primacy of electoral choice and the presumptive claim of …

The New Forensics: Criminal Justice, False Certainty, And The Second Generation Of Scientific Evidence, Erin E. Murphy

Faculty Articles

Accounts of powerful new forensic technologies such as DNA typing, data mining, biometric scanning, and electronic location tracking fill the daily news. Proponents praise these techniques for helping to exonerate those wrongly accused, and for exposing the failings of a criminal justice system that previously relied too readily upon faulty forensic evidence like handwriting, ballistics, and hair and fiber analysis. Advocates applaud the introduction of a "new paradigm" for forensic evidence, and proclaim that these new techniques will revolutionize how the government investigates and tries criminal cases. While the new forensic sciences undoubtedly offer an unprecedented degree of certainty and …

Estimating Guard Labor, Arjun Jayadev

Economics Faculty Publication Series

As a background paper to Jayadev and Bowles (2006), this paper provides details on our measure of guard labor as we measure these in labor units. Data from the United States indicate a significant increase in its extent in the U.S. over the period 1890 to the present. Cross-national comparisons show a significant statistical association between income inequality and the fraction of the labor force that is constituted by guard labor, as well as with measures of political legitimacy (inversely) and political conflict.

Criminal Justice And The Challenge Of Family Ties, Dan Markel, Ethan J. Leib

Faculty Scholarship

This Article asks two basic questions: When does, and when should, the state use the criminal justice apparatus to accommodate family ties, responsibilities, and interests? We address these questions by first revealing a variety of laws that together form a string of family ties subsidies and benefits pervading the criminal justice system. Notwithstanding our recognition of the important role family plays in securing the conditions for human flourishing, we then explain the basis for erecting a Spartan presumption against these family ties subsidies and benefits within the criminal justice system. We delineate the scope and rationale for the presumption and …

2007-2008 Lindenwood University Graduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Graduate Course Catalog

Contraindicated Drug Courts, Josh Bowers

Public Law and Legal Theory Working Papers

Over the past two decades, drug treatment courts have gained traction as popular alternatives to the conventional war on drugs (and to its onedimensional focus on incarceration). Specifically, the courts are meant to divert addicts from jails and prisons and into coerced treatment. Under the typical model, a drug offender enters a plea of guilty and is enrolled in a longterm outpatient treatment program that is closely supervised by the drug court. If the offender completes treatment, his plea is withdrawn and the underlying charges are dismissed. But, if he fails, he receives an alternative termination sentence. My premise is …

Incompletely Theorized Agreements In Constitutional Law, Cass R. Sunstein

Public Law and Legal Theory Working Papers

How is constitutionalism possible, when people disagree on so many questions about what is good and what is right? This essay, written for a special issue of Social Research on Difficult Decisions, explores the role of two kinds of incompletely theorized agreements amidst sharp disagreements about the largest issues in social life. The first consist of agreements on abstract formulations (freedom of speech, equality under the law); these agreements are crucial to constitution-making as a social practice. The second consist of agreements on particular doctrines and practices; these agreements are crucial to life and law under existing constitutions. Incompletely theorized …

School Success Among African American Male Adolescents: An Existential Examination Of Protective Factors, Carol Thomas

Electronic Theses and Dissertations

For many adolescents who live in a high-risk neighborhood, harsh and sometimes dangerous circumstances often interfere with the ability to enjoy school success. While quantitative methods have been employed to reveal protective factors among African American male adolescents, few qualitative studies exist that analyze the lived experiences of this population of youth and their ability to flourish despite environmental disadvantages. This study is a phenomenologically-oriented narrative case study of five African American male adolescents who attend high school in a small, rural community and who are on track to graduate. The primary philosophies that framed this study were Ryan and …

Characteristics Of Facilities With Specialized Programming For Drinking Drivers And For Other Criminal Justice Involved Clients: Analysis Of A National Database, Cynthia L. Arfken, Sheryl Kubiak

Wayne State University Associated BioMed Central Scholarship

Abstract

Background

Offering specialized programming at substance abuse treatment facilities can help diversify clientele and funding sources, potentially enhancing the facilities' ability to survive and/or expand. Past research has shown that facilities only offering specialized programming for driving under the influence/driving while intoxicated offenders (DUI) are predominately private-for-profit owned. As criminal justice populations, both DUI and other criminal justice offenders, comprise a large proportion of those in community-based substance abuse treatment knowing facilities' characteristics would be important for administrators and policymakers to consider when updating programming, training staff or expanding capacity to ensure efficient use of scarce resources. However, while …

2007-2008 Law School Catalog, Southern Methodist University, Dedman School Of Law

Law School Catalogs/Bulletins, 1926-present

No abstract provided.

The Quad (The 2007 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Supreme Court Summit: Dedman Law Hosts Summit with European Court of Justice and Supreme Court of the United States
• Dedman Law Hosts Conference on Judicial Independence with Justice Breyer and Justice O’Connor
• The Future of the Jury System: Dedman Law Hosts ABA National Symposium on the American Jury System
• The Rise of Transnational Networks by Jenia Iontcheva Turner, Assistant Professor of Law

Circumventing Daubert In The Gene Pool, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.

An Exploration Into Factors Contributing To Patient-Initiated Termination From Addiction Treatment Programs By Opioid-Dependent Persons, Neil Gregory

Electronic Theses and Dissertations

Patient-initiated termination, a significant and long-standing problem in the field of addiction treatment, is linked to the effectiveness of addiction treatment. The literature revealed several important points. First, treatment outcomes are positively correlated with the length of time spent in treatment. Second, many patients terminate addiction treatment before completing the program. Third, many patients attending addiction treatment facilities develop a treatment career in which they attend several treatment programs and receive a variety of services. Fourth, such factors as the patients' physical health, mental health, legal status, employment status and the patients' relationships with others are consistently related to the …

Prison Education Program Participation And Recidivism, Zarona Ismailova

Electronic Theses and Dissertations

This study utilizes logistic regression techniques to investigate the effect of prison education program participation on recidivism rates. I tested the hypothesis that inmates who actively participate in educational programs have a lower likelihood of being reconvicted. The purpose of this study is to help identify correctional programs that have a positive impact on recidivism, to then suggest policies that are directed at rehabilitating inmates and, ultimately, to reduce recidivism rates.

I used pre-existing data from reputable sources so I did not have to survey inmates. The initial tests found that there were several variables that had a relationship with …

A Comparison Of Anxiety Levels Among Women In Mixed Gender Substance Abuse Treatment Facilities And Women-Only Substance Abuse Treatment Facilities, Veronica I. Jones

Electronic Theses and Dissertations

The purpose of this study was to investigate whether women who participate in a mixed gender residential substance abuse treatment facility experience more general anxiety during treatment than do women in a women-only setting and whether there a difference in the general anxiety levels of women in a women-only substance abuse treatment facility whether children are present or not. The voluntary participants of the study included 64 women who were selected from 4 residential treatment settings, 2 mixed gendered and 2 women-only, 1 with women and children. The women were asked to complete the State Trait Anxiety Inventory (STAI) that …

Psychopathic Traits And Social-Cognitive Processes In Aggressive Youth, Colleen Morris

Electronic Theses and Dissertations

Psychopathy is associated with severe and violent aggressive behaviors, poor treatment outcomes and high rates of recidivism. In youth, conduct problems and callous/unemotional characteristics are associated with characteristics of adulthood psychopathy. Downward extending adult criteria to youth is problematic. However, there is substantial evidence that adults with psychopathy traits began that developmental trajectory in childhood. This study adds to the developing literature clarifying the construct of psychopathy in youth, including the nature of callous/unemotional traits and the relationship to social-cognitive processes. Results indicate the callous/unemotional trait significantly predicted empathic concern, perspective taking, cognitive dysregulation, and outcome values in obtaining a …

Structural Indicators Of Index Crime Rates In Metropolitan Counties For 1990 And 2000, Jacob Becker

Electronic Theses and Dissertations

This study examines the relationship between structural features common to research within social disorganization and strain theory frameworks of metropolitan counties in 1990 and 2000 and their crime rates. It hypothesizes that economic inequality, a measure of relative deprivation, will be a more consistent structural indicator of crime than poverty, a measure of absolute deprivation. Twelve independent structural variables based on 1990 and 2000 Census data are placed in ordinary least-squares regression models to predict crime rates for 10 different Uniform Crime Report types. Results support this hypothesis, as well as identify a number of other structural indicators that are …

Hell Hath No Fury Like An Investor Scorned: Retribution, Deterrence, Restoration, And The Criminalization Of Securities Fraud Under Rule 10b-5, Joan Macleod Heminway

Journal of Business & Technology Law

No abstract provided.

Common Law Police Powers And The Rule Of Law, Steve Coughlan

Articles, Book Chapters, & Popular Press

Common law police powers have long been a source of some dispute in the Canadian criminal justice system. On the one hand, their existence is difficult to reconcile with predictability in the law, since in any individual case where a new power is created (generally referred to as use of the "ancillary powers doctrine"), it would not have been possible to know in advance that the police were actually acting legally. On the other hand the benefit for society purchased with that ambiguity is a more tailored response to the particular problem, which might also lead to better results in …

The Science Of Dna Identification: From The Laboratory To The Courtroom (And Beyond), David H. Kaye

Faculty Scholarship

This article focuses on sequences of DNA base-pairs, which are becoming increasingly important in the field of law. These DNA sequences are used by forensic scientists to discover evidence such as blood stains, semen, saliva, and hair, and has become highly useful in the courtroom with regard to exonerating the innocent and convicting the guilty. Part I of the article examines how courts may (or may not) admit DNA evidence in court through four phases: uncritical acceptance; serious challenges to analytical methods and statistical interpretation of the results; renewed acceptance of DNA evidence; and acceptance of advance systems of DNA …

Achieving Better Outcomes For Litigants In The New York State Courts, Chief Administative Judge Jonathan Lippman

Fordham Urban Law Journal

Remarks at the Inaguargal Fordham Dispute Reolution Society Symposium "ADR as a Tool for Achieving Social Justice."

Undermining Individual And Collective Citizenship: The Impact Of The Exclusion Laws On The African-American Community, S. David Mitchell

Fordham Urban Law Journal

The purpose of this Article is to demonstrate that felon exclusion laws are not race neutral and that the application of the laws has a racially discriminatory effect, and to call for their abolition. The laws contribute to the erosion of citizenship rights for the individual African-American ex-felon, and the undermining of the collective citizenship rights of the larger African-American community. Part II discusses the conceptualization of citizenship that underscores the premise of the Article. Part III discusses the exclusions that ex-felons encounter and the resulting impact on the individual and the community. Using Alabama as a case study, Part …

Crawford And Davis: A Personal Reflection, Richard D. Friedman

Articles

I have to say that when I stood up to argue Hammon I felt the wind at my back. I was basically a lawyer with an easy case, and there wasn't anything particularly unpredictable at the argument of Hammon. Now it got a little bit interesting, as I will explain later, because to a certain extent I was trying to argue the other case as well. But Hammon itself was sort of ordinary, normal law.

Beyond Mitigation: Towards A Theory Of Allocution, Kimberly A. Thomas

Articles

THE COURT: I don't think I have time to listen .... I am not going to reexamine your guilt or innocence here. That is not the purpose of a sentence.. THE DEFENDANT: I did not have the chance to tell you .... THE DEFENDANT: But, your Honor, listen to me-1 Should the court hear this defendant? Is the story of innocence relevant at allocution-the defendant's opportunity to speak on his or her own behalf at the sentencing hearing prior to the imposition of sentence? Or, is the purpose of allocution something different, as the judge suggests? The answers depend on …

Holmes V. South Carolina Upholds Trial By Jury, Samuel R. Gross

Articles

Bobby Lee Holmes was convicted of a brutal rape-murder and sentenced to death. The only evidence that connected him to the crime was forensic: a palm print, and blood and fiber evidence. (Biological samples taken from the victim for two rape kits were compromised and yielded no identifiable evidence.) Holmes claimed that the state's forensic evidence was planted and mishandled, and that the rape and murder were committed by another man, Jimmy McCaw White. At a pretrial hearing three witnesses testified that they saw White near the victim's house at about the time of the crime, and four others testified …

The Bulletin, Undergraduate Catalog 2007-2008 (2007), Minnesota State University Moorhead

Undergraduate Bulletins (Catalogs)

No abstract provided.