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2007

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Gambling, Commodity Speculation, And The 'Victorian Compromise', Joshua C. Tate Jan 2007

Gambling, Commodity Speculation, And The 'Victorian Compromise', Joshua C. Tate

Faculty Journal Articles and Book Chapters

This Essay examines two major strands of nineteenth-century jurisprudence related to gambling: Southern cases defining public and private space for the purpose of state gambling statutes, and Northern cases applying the intent to deliver test to speculative contracts. The Essay argues that both lines of cases reflect what Lawrence Friedman has termed the Victorian compromise: A strong official stance against immoral behavior is conjoined with de facto acceptance of many questionable practices, provided that they are conducted in a manner acceptable to the elite. The Essay concludes that nineteenth-century judges sought to preserve the semblance of a strict prohibition against …

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Gambling And The Law In The Nineteenth Century South: Evidence From Nacogdoches County, Texas, 1838-1839, Joshua C. Tate Jan 2007

Gambling And The Law In The Nineteenth Century South: Evidence From Nacogdoches County, Texas, 1838-1839, Joshua C. Tate

Faculty Journal Articles and Book Chapters

No abstract provided.

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The Collision Between Common Article Three And The Central Intelligence Agency, A. John Radsan Jan 2007

The Collision Between Common Article Three And The Central Intelligence Agency, A. John Radsan

Catholic University Law Review

No abstract provided.

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Damages In Tort Litigation: Thoughts On Race And Remedies, 1865-2007, Jennifer Wriggins Jan 2007

Damages In Tort Litigation: Thoughts On Race And Remedies, 1865-2007, Jennifer Wriggins

Faculty Publications

The relationship between remedies and race in U.S. tort law merits attention. This essay first challenges the boundary between civil rights and tort remedies by highlighting a stunning but previously overlooked 1959 Fifth Circuit case where an individual tort remedy served as a significant civil rights remedy in the integration of public transportation throughout the South. Second, the essay focuses on the relationship between race and damages from 1865 to the present. It argues that the torts system provided access to indigent plaintiffs of all races during periods when poor people were otherwise denied legal representation in every other context. …

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God Behind Bars: Race, Religion & Revenge, Spear It Jan 2007

God Behind Bars: Race, Religion & Revenge, Spear It

Seton Hall Law Review

No abstract provided.

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Safe Village Initiative: A Quasi-Experiment, Evaluating The Impact In West Las Vegas, Timothy Radtke Jan 2007

Safe Village Initiative: A Quasi-Experiment, Evaluating The Impact In West Las Vegas, Timothy Radtke

UNLV Retrospective Theses & Dissertations

Beginning in January of 2007, the "Safe Village Initiative" (SVI) was implemented in West Las Vegas in response to firearm violence. SVI represents an effort of combined resources from criminal justice agencies, social service organizations, local clergy, and citizens to disrupt the cycle of violence that characterizes fatal and non-fatal shootings. The SVI is essentially a deterrence based model aimed to reduce firearm offenses; The current study will analyze SVI from two research questions. The research questions are designed to: (1) assess the qualities of SVI that make it unique from previously implemented "pulling levers" models, and (2) assess the …

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The Influence Of Collective Efficacy On Reporting Crime Among College Students, Violet Angelina Colavito Jan 2007

The Influence Of Collective Efficacy On Reporting Crime Among College Students, Violet Angelina Colavito

UNLV Retrospective Theses & Dissertations

Colleges and universities often aim to create a sense of community and a neighborhood feel for students. University campuses are designed in ways that reflect the factors of social cohesion measured by Goudriaan, Wittebrood, and Nieuwbeerta (2006). Crime on college campuses is an important social issue. Data from the NCVS suggest that between 1995 and 2002, college students experienced an estimated 400,000 to 530,000 violent crimes each year; yet only about 35% of violent victimizations against college students were reported to the police (Baum 2005, and Hart 2003). Yet, research exploring the effect of social cohesion and collective efficacy on …

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Crime And Race Representation: A Content Analysis Of Las Vegas Local Television News, Julie Arradaza Chapman Jan 2007

Crime And Race Representation: A Content Analysis Of Las Vegas Local Television News, Julie Arradaza Chapman

UNLV Retrospective Theses & Dissertations

Media studies have found Blacks more often linked with media reports of violent crime in their local communities compared to other races. The aim of this paper is to reveal if current trends in the Las Vegas media market overrepresent African Americans as the most active perpetrators of crime by examining crime statistics, race demographics, and television representations of crime and race in the local news. This study is a content analysis of the five major television network affiliates: KVBC, KVVU, KLAS, KTNV, and KINC. Seven hypotheses are tested. Results indicate that local television viewers in Las Vegas receive inaccurate …

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Stalking And Intimate Partner Violence In Nevada, Angela Marie Cook Jan 2007

Stalking And Intimate Partner Violence In Nevada, Angela Marie Cook

UNLV Retrospective Theses & Dissertations

The focus of this study was to increase the understanding of the role of stalking in intimate partner violence. The research focuses on the prevalence of stalking behavior in intimate partner violence cases. These cases were investigated by the Las Vegas Metropolitan Police Department (LVMPD). The objective of this study was to compare stalking cases that were assigned to the Domestic Violence Unit and those which were assigned to other departments such as Property Crimes or Fraud. It is important to identify inconsistencies in LVMPD responses to stalking behavior, monitor particular offenders with recurring patterns of violent behavior, and make …

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Probation Officer Prototypes: Perceptions Of Probationers With And Without Mental Illness, Paula M Emke-Francis Jan 2007

Probation Officer Prototypes: Perceptions Of Probationers With And Without Mental Illness, Paula M Emke-Francis

UNLV Retrospective Theses & Dissertations

In recent years the criminal justice system has managed large numbers of persons with mental illness, many of whom are supervised in the community on probation. Given that probation agencies are stretched to the maximum and have little extra time to take on additional challenges, probation officers (PO) may use typifications or "perceptual shorthand" as a means for efficiently managing their caseloads. Despite the role typifications may play in the processing of probationers, to date no research has attempted to characterize PO typifications; The reason for the dearth of literature in this area appears to be the result of many …

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Attitudes Of Human Trafficking In Nevada, Krystal Jane Letourneau Jan 2007

Attitudes Of Human Trafficking In Nevada, Krystal Jane Letourneau

UNLV Retrospective Theses & Dissertations

A form of modern day slavery is going on in this country that indentures and oppresses many young children, women, and men, forcing them into prostitution or domestic servitude. This modern slavery is called human trafficking and new efforts are beginning to address this social problem in the United States. For example, the US is attempting to increase its prosecution of the traffickers or pimps. The United States has a policy in place that allows the victims of trafficking to stay in the United States as a witness until their traffickers are prosecuted. Once the trial is over, however, the …

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Preliminary Validation Of An Attitudes Towards Prostitution Scale, Nicole Andrea Pucci Jan 2007

Preliminary Validation Of An Attitudes Towards Prostitution Scale, Nicole Andrea Pucci

UNLV Retrospective Theses & Dissertations

The purpose of this thesis was to examine the quality of the Attitudes Towards Prostitution (ATP) Scale while conducting a preliminary validation. A total of 325 participants completed the research for this study. Prior to the study, a portion of the ATP scale had been used in a diversion program for men arrested for soliciting prostitution, the Prostitution Offender Program of British Columbia (POPBC). An exploratory factor analysis identified multiple factors underlying the items included. The vast majority of the ninety items tested loaded significantly in the factor analysis suggesting that they were measuring the same underlying construct. To improve …

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Perceptions Of The Training Needs Of Law Enforcement Officers, Nicholas Allen Walling Jan 2007

Perceptions Of The Training Needs Of Law Enforcement Officers, Nicholas Allen Walling

UNLV Retrospective Theses & Dissertations

The rules of law enforcement are constantly evolving and the criminal community persists in developing new and innovative ways to circumvent the efforts of the police. Revolutionary advances in police equipment design and a sociological awakening has created an intense scrutiny of the way police officers conduct their affairs. Law enforcement officers require continuing training to meet these social demands and to keep up with technological advances, the ever-changing laws, and critical developments in the criminal world; Because high profile civil rights cases have involved devastating monetary judgments against the agencies involved, police administrators across the country have established training …

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Evaluating The Effectiveness Of A Manualized Treatment For Inmates With Dual Diagnoses, Jennee Evans Dickens Jan 2007

Evaluating The Effectiveness Of A Manualized Treatment For Inmates With Dual Diagnoses, Jennee Evans Dickens

UNLV Retrospective Theses & Dissertations

Individuals with both a mental illness and substance use disorder (i.e., dual diagnoses) are over represented and underserved in state prisons. Without treatment, inmates with dual diagnoses (DD) are at an increased risk for a variety of negative outcomes including re-incarceration. Unfortunately, few empirically supported prison-based treatment programs are designed to meet the special needs of these inmates. Existing prison-based programs are generally limited to one treatment approach despite the heterogeneity among offenders with DD. Thus, it has been recommended that a range of services should be developed and offered in prisons to meet the varying needs of inmates with …

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Performance Management Process Report: John Jay College Goals & Targets 2007-2008, John Jay College Of Criminal Justice Jan 2007

Performance Management Process Report: John Jay College Goals & Targets 2007-2008, John Jay College Of Criminal Justice

Reports and Publications from John Jay College

No abstract provided.

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Restorative Justice: What Is It And Does It Work?, Carrie Menkel-Meadow Jan 2007

Restorative Justice: What Is It And Does It Work?, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

This article reviews the now extensive literature on the varied arenas in which restorative justice is theorized and practiced — criminal violations, community ruptures and disputes, civil wars, regime change, human rights violations, and international law. It also reviews — by examining empirical studies of the processes in different settings — how restorative justice has been criticized, what its limitations and achievements might be, and how it might be understood. I explore the foundational concepts of reintegrative shaming, acknowledgment and responsibility, restitution, truth and reconciliation, and sentencing or healing circles for their transformative and theoretical potentials and for their actual …

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Francis A. Allen--The Gainesville Years, Jerold H. Israel Jan 2007

Francis A. Allen--The Gainesville Years, Jerold H. Israel

Articles

If the legal academy had a Hall of Fame, Frank Allen would surely be a first ballot, unanimous selection.' His nominators need only recite the bare-bones record of his career-his publications, his public service, his years of accomplished teaching, and the many honors he received. That record is neatly capsulized in an obituary, published in the Gainesville Sun, largely written by Frank and June's son, Neil (Neil was also Franks's coauthor on Frank's last publication2). In a concise, precise fashion, reminiscent of Frank's own writings, the obituary not only describes Frank's many accomplishments, but also touches upon his character and …

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More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb Jan 2007

More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb

Faculty Scholarship

In the last several years, the Supreme Court has decided a number of important challenges to the government’s conduct of its “War on Terror.” Brought on behalf of persons alleged to be “enemy combatants,” many of whom were detained at Guantánamo Bay, these suits challenged the prisoners’ indefinite detention, asserted their right to access federal courts, and questioned the legality of the tribunals created to adjudicate the charges against them. The debate about the detainees’ access to federal courts has continued in Congress, with the passage of the Military Commissions Act (MCA), and in the lower courts, with challenges to …

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American Refugees: An Ethnographic Study Of The Street Homeless*, Jason Adam Wasserman Jan 2007

American Refugees: An Ethnographic Study Of The Street Homeless*, Jason Adam Wasserman

All ETDs from UAB

No abstract provided.

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But Did They Listen? The New Jersey Death Penalty Commission's Exercise In Abolitionism: A Detailed Reply, Robert Blecker Jan 2007

But Did They Listen? The New Jersey Death Penalty Commission's Exercise In Abolitionism: A Detailed Reply, Robert Blecker

Articles & Chapters

Based upon the nearly unanimous recommendation of its Death Penalty Study Commission, New Jersey seems poised to become the first state in the modern era to legislatively abolish capital punishment and substitute life without parole. Hailed nationally and internationally as thoughtful and fair, the Commission's final report consistently distorts the evidence, displays an anti-retributive bias, and worst of all, ignores basic well-established perspectives framing the great debate, avoiding at all costs the question of justice.

Unbalanced and biased, the Commission does not even consider any alternative to abolition or standing pat. This essay directly engages the Report on its findings …

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A Tale Of Three Takings: Taking Analysis In Land Use Regulation In The United States, Australia, And Canada, Donna R. Christie Jan 2007

A Tale Of Three Takings: Taking Analysis In Land Use Regulation In The United States, Australia, And Canada, Donna R. Christie

Brooklyn Journal of International Law

No abstract provided.

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The Search For Post-Conflict Justice In Iraq: A Comparative Study Of Transitional Justice Mechanisms And Their Applicability To Post-Saddam Iraq, Dana M. Hollywood Jan 2007

The Search For Post-Conflict Justice In Iraq: A Comparative Study Of Transitional Justice Mechanisms And Their Applicability To Post-Saddam Iraq, Dana M. Hollywood

Brooklyn Journal of International Law

No abstract provided.

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Extradition As A Tool For United States Antitrust Enforcement: Implications Of The U.K. Decision Norris V. Secretary Of State For The Home Department, Jill Kaden Grant Jan 2007

Extradition As A Tool For United States Antitrust Enforcement: Implications Of The U.K. Decision Norris V. Secretary Of State For The Home Department, Jill Kaden Grant

Brooklyn Journal of International Law

No abstract provided.

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The Triangle Shirtwaist Fire And The Merrill Lynch Analyst Ratings Scandal: Legislative And Prosecutorial Responses To Corporate Malfeasance, Christopher Lucas Jan 2007

The Triangle Shirtwaist Fire And The Merrill Lynch Analyst Ratings Scandal: Legislative And Prosecutorial Responses To Corporate Malfeasance, Christopher Lucas

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.

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Regulating Crime Laboratories: The Impact Of Dna Evidence, Paul C. Giannelli Jan 2007

Regulating Crime Laboratories: The Impact Of Dna Evidence, Paul C. Giannelli

Journal of Law and Policy

No abstract provided.

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Protectionism, Punishment And Pariahs: Sex Offenders And Residence Restrictions, Meghan S. Towers Jan 2007

Protectionism, Punishment And Pariahs: Sex Offenders And Residence Restrictions, Meghan S. Towers

Journal of Law and Policy

No abstract provided.

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Beyond The Bench: Solutions To Reduce The Disproportionate Number Of Minority Youth In The Family And Criminal Court Systems, Jessica Jean Kastner Jan 2007

Beyond The Bench: Solutions To Reduce The Disproportionate Number Of Minority Youth In The Family And Criminal Court Systems, Jessica Jean Kastner

Journal of Law and Policy

No abstract provided.

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Ain't No Goin' Back: Teaching Mental Disability Law Courses Online, Michael L. Perlin Jan 2007

Ain't No Goin' Back: Teaching Mental Disability Law Courses Online, Michael L. Perlin

Articles & Chapters

No abstract provided.

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Law, Responsibility, And The Brain, Owen D. Jones, Hakwan C. Lau, Dean Mobbs, Christopher D. Frith Jan 2007

Law, Responsibility, And The Brain, Owen D. Jones, Hakwan C. Lau, Dean Mobbs, Christopher D. Frith

Vanderbilt Law School Faculty Publications

This article addresses new developments in neuroscience, and their implications for law. It explores, for example, the relationships between brain injury and violence, as well as the connections between mental disorders and criminal behaviors. It discusses a variety of issues surrounding brain fingerprinting, the use of brain scans for lie detection, and concerns about free will. It considers the possible uses for, and legal implications of, brain-imaging technology. And it also identifies six essential limits on the use of brain imaging in courtroom procedures.

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Law, Responsibility, And The Brain, Owen D. Jones, Dean Mobbs, Hakwan C. Lau, Christopher D. Frith Jan 2007

Law, Responsibility, And The Brain, Owen D. Jones, Dean Mobbs, Hakwan C. Lau, Christopher D. Frith

Vanderbilt Law School Faculty Publications

This article addresses new developments in neuroscience, and their implications for law. It explores, for example, the relationships between brain injury and violence, as well as the connections between mental disorders and criminal behaviors. It discusses a variety of issues surrounding brain fingerprinting, the use of brain scans for lie detection, and concerns about free will. It considers the possible uses for, and legal implications of, brain-imaging technology. And it also identifies six essential limits on the use of brain imaging in courtroom procedures.

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