Digital Commons Network^™

Uncertainty Leads To Jail Time: The Status Of The Common-Law Reporter's Privilege, Elizabeth A. Graham

DePaul Law Review

No abstract provided.

Teaching Parenting Skills In A Methadone Treatment Setting, Randy R. Gainey, Kevin P. Haggerty, Charles B. Fleming, Richard F. Catalano

Sociology & Criminal Justice Faculty Publications

Family factors significantly affect children’s risk of substance abuse, delinquency, and other problem behaviors (Arthur, Hawkins, Pollard, Catalano, & Baglioni, 2002). Children of substance abusers represent a particularly high-risk population. Prenatal exposure to addictive substances and the medical complications that may arise are important factors that, from conception, place this population at high risk of drug abuse and other problem behaviors (Griffith, Azuma, & Chasnoff, 1994). As children of substance abusers mature, their lives are characterized by exposure to continued drug and alcohol abuse by family members, recurrent or chronic illnesses, frequent moves, financial troubles, legal conflicts, family disorganization, and …

Summary Of Hightower V. Statehightower V. State, 123 Nev. Adv. Op. 7, Shauna Welsh

Nevada Supreme Court Summaries

Appellant Dennis Lydell Hightower appeals his conviction on the grounds that the district court erred when it denied his request to allow an incarcerated defense witness to appear at trial in civilian clothing. Hightower was convicted of one count each of gross misdemeanor conspiracy to commit larceny, gross misdemeanor unlawful taking of a motor vehicle, and felony conspiracy to commit robbery. When the victim stopped his car to help an apparent stranded bicyclist, Hightower’s codefendant, Derrick Farr, knocked the victim to the ground after repeatedly striking him in the face. While on the ground, Hightower took the victim’s wallet and …

Troy Michael Kell V. State Of Utah : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Appeal from an Order of the Sixth District Court, Manti Department, Honorable David L. Mower presiding

Law And Economics After Behavioral Economics, Grant M. Hayden, Stephen E. Ellis

Hofstra Law Faculty Scholarship

This paper assesses the current state of law and economics, standard and behavioral, and proposes an additional element to the basic belief-desire apparatus of economic theory in order to create a more unified theory of behavior.

The first part of the paper assesses the current status of standard economic theory. While standard models have had their successes, a large and growing body of empirical evidence reveals that people often fail to live up its rational-actor ideal. In response, economists usually stick with standard consumer theory and attempt to explain the anomalous results by referring to some overlooked input (e.g., some …

Who's Afraid Of The Criminal Law Paradigm In The "War On Terror?", Eric M. Freedman

Hofstra Law Faculty Scholarship

The criminal law paradigm is now, and has been from the beginning, the right one to apply to the fight against terrorism.

The decision whether to respond to the individuals who perpetrated 9/11 within a war or a criminal framework was from the first day a policy choice. If President Bush had been competently advised by the White House Counsel, Alberto Gonzales, he would have been told that there was a choice to be made and further told that either decision would subject his actions to legal restraints.

What actually happened, as far as I can see, is that Gonzales …

Human Rights And The Global Marketplace: Economic, Social And Cultural Dimensions, Barbara Stark

Hofstra Law Faculty Scholarship

The human rights community has waited a long time for Human Rights and the Global Marketplace, which explicates-and vindicates-long-neglected economic, social and cultural rights. It provides a thorough and rigorous introduction to their theoretical foundations, a gripping and scholarly account of their historical development, and an illuminating up-to-the-minute guide to their practical applications throughout the world. It is a stunning achievement.

Sanchez-Llamas V. Oregon: Stepping Back From The New World Court Order, Julian G. Ku

Hofstra Law Faculty Scholarship

Over the past few decades, international law scholars and advocates have widely supported the use of domestic United States courts to independently enforce and implement international tribunal judgments, even over the opposition of the President. The Supreme Court's decision in Sanchez-Llamas v. Oregon represents a potentially serious setback for this burgeoning movement. This contribution defends and elaborates the reasons for the Court's refusal in Sanchez-Llamas to give effect to judgments of an international tribunal absent a clear and explicit authorization by Congress or the Senate.

Neutralizing Cognitive Bias: An Invitation To Prosecutors, Alafair S. Burke

Hofstra Law Faculty Scholarship

With the number of criminal defendants exonerated by DNA evidence nearing the two hundred mark, and with multiple states flirting with death penalty moratoriums in part to avoid killing the innocent, we appear to stand at a milestone in our treatment of claims by criminal defendants that they have been wrongly convicted. Some have declared the dawn of a new movement to support claims of innocence. Others have gone so far to call the movement a revolution. Regardless of what we call this burgeoning movement-slash-revolution, it is increasingly attempting to fold in the prosecutors who have traditionally been depicted as …

Justice And Reconciliation On Trial: Gacaca Proceedings In Rwanda, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

The Irrelevance, And Central Relevance, Of The Boundary Between Science And Non-Science In The Evaluation Of Expert Witness Reliability, D. Michael Risinger

Villanova Law Review (1956 - )

No abstract provided.

An Evaluation Of Neighborhood Context And Health Lifestyles: Implications For Obesity Outcomes Among Children, Akilah Dulin

All ETDs from UAB

No abstract provided.

Navigating The Bylaw Maze In Ncaa Major-Infractions Cases, Mike Rodgers, Rory Ryan

Seton Hall Law Review

No abstract provided.

Cupola, 2007, Western New England College

Yearbooks

Western New England University was founded in 1919 as the Springfield Division of Northeastern University. The senior yearbooks bore the name of Northeastern University in some way until 1953. The yearbook was given its present day title, The Cupola, in 1961. Yearbooks contain photos of graduating seniors, campus events, student clubs and organizations, faculty and staff, athletic teams and events, and other memorable occasions from the academic year.

The Mass Culture Of Property, Anthony Chase

Loyola of Los Angeles Law Review

No abstract provided.

What Lawyers, What Edge?, Michael E. Tigar

Faculty Scholarship

No abstract provided.

How And Why Labor Arbitrators Decide Discipline And Discharge Cases. An Empirical Examination., Theodore J. St. Antoine

Other Publications

Often without attribution, the arbitration literature includes statements about how “most,” “many” or “some” arbitrators decide discipline and discharge cases. Elkouri & Elkouri is probably the best known source of such generalizations. Although statements like these are often consistent with conventional wisdom, empirical support is seldom provided. To illustrate, consider the first of three examples taken from the National Academy of Arbitrators’ The Common Law of the Workplace: Because industrial discipline is corrective rather than punitive, most arbitrators require use of progressive discipline, even when the collective agreement or employment contract is silent on the subject. Based on personal …

The Conditional Influence Of Criminological Constructs On Juvenile Delinquency: An Examination Of The Moderating Effects Of Self-Control, Angela Yarbrough

USF Tampa Graduate Theses and Dissertations

Self-control and various elements comprising this construct have received much credit over the years as it has been able to account for a large amount of variance in delinquency rates. Some research has suggested that individual difference factors (e.g., self-control) can overwhelm external factors (e.g., neighborhoods; see Loeber & Wikström, 2000). Others have found that social influences (e.g., employment; see Wright, et al, 2001) have more pronounced effects for those most at-risk. Because of the equivocal nature of the empirical findings, this study seeks to replicate and extend previous efforts. Specifically, the influence of constructs derived from social learning, control, …

The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie

Articles

This essay first addresses the ethical and evidentiary standards for the emerging use of high-tech computer-generated animations and computer-assisted closing arguments. Next, this essay considers the same questions within the context of forensic DNA evidence. Third, this essay considers the ethics of prosecutors' use of such evidence and the consequences for the misuse of this evidence. Finally, this essay suggests remedies to ethical problems facing prosecutors in their use of this kind of evidence.

Community-Based Drug Courts: Empirical Success, Will South Dakota Follow Suit, Dwight Vick, Jennifer Lamb Keating

South Dakota Law Review

No abstract provided.

Call For An Assessment Of The Welfare On Indian Children In South Dakota, Patrice H. Kunesh

South Dakota Law Review

No abstract provided.

Conflict Resolution And Systemic Change, Howard Gadlin, Susan P. Sturm

Faculty Scholarship

Over the last fifty years, alternative dispute resolution (ADR) has become a fixture of the conflict resolution landscape. As its label suggests, ADR is generally viewed as an alternative to adjudication, developed in response to litigation's liabilities-its expense, delay, adversarialism, and limits as a tool for addressing complex problems. In contrast, ADR's value rests in its capacity to produce prompt, fair, and efficient resolutions that satisfy the disputants.

ADR proponents and critics alike presuppose that the benefits of ADR are achieved at inevitable costs. The assumption is that informal conflict resolution necessarily resolves disputes for the disputants and no one …

Mutual Dependency In Child Welfare, Clare Huntington

Faculty Scholarship

The child welfare system is in need of fundamental reform. To the great detriment of parents and children, in the current system the state waits for a crisis in a family and then intervenes in a heavy-handed fashion. The state pays scant attention to the prevention of child abuse and neglect. This Article argues that the principal conceptual barrier to the adoption of a prevention-oriented approach to child welfare is the dominant conception of family autonomy, which venerates freedom from state control. This Article proposes a novel reconception of family autonomy that encourages engagement with the state, rather than simply …

The Effect Of Court-Ordered Hiring Quotas On The Composition And Quality Of Police, Justin Mccrary

Faculty Scholarship

Arguably the most aggressive affirmative action program ever implemented in the United States was a series of court-ordered racial hiring quotas imposed on municipal police departments. My best estimate of the effect of court-ordered affirmative action on work-force composition is a 14-percentage-point gain in the fraction African American among newly hired officers. Evidence on police performance is mixed. Despite substantial black-white test score differences on police department entrance examinations, city crime rates appear unaffected by litigation. However, litigation lowers slightly both arrests per crime and the fraction black among serious arrestees.

End Natural Life Sentences For Juveniles, Jeffrey A. Fagan

Faculty Scholarship

In 2005, the U.S. Supreme Court in Roper v. Simmons (125 S. Ct. 1183) banned executions of persons who commit capital murder before they reach age 18. Roper overturned death sentences for 72 people in 18 states (Streib, 2005). Most (but not all) were resentenced to natural life or life in prison without the possibility of parole (or JLWOP). Juvenile justice advocates now want to extend Roper’s maturity heuristic, proportionality analysis, aversion to errors, and deference to international laws and norms to argue for a constitutional ban on natural life sentences for adolescent offenders. This move could have a far …

China's Courts: Restricted Reform, Benjamin L. Liebman

Faculty Scholarship

Recent developments in China’s courts reflect a paradox largely avoided in literature on the subject: Can China’s courts play an effective role in a non-democratic governmental system? Changes to courts’ formal authority have been limited, courts still struggle to address basic impediments to serving as fair adjudicators of disputes, and courts continue to be subject to Communist Party oversight. Courts have also confronted new challenges, in particular pressure from media reports and popular protests. At the same time, however, the Party-state has permitted, and at times encouraged, both significant ground-up development of the courts and expanded use of the courts …

Bibliography Of Law Review Articles On Disability Law, Ann Puckett

Scholarly Works

Bibliography of law review articles discussing legal issues pertaining to disabilities, originally presented as a continuously updated online database.

Judge Richard Posner On Civil Liberties: Pragmatic Authoritarian Libertarian, Bernard Harcourt

Faculty Scholarship

How do you reconcile an opinion like Edmond v Goldsmith with the anti-civil-libertarian positions that Richard Posner advocates in his book Not a Suicide Pact: The Constitution in a Time of National Emergency? The book itself is self-consciously directed against a civil libertarian framework. "The sharpest challenge to the approach that I am sketching," Posner knowingly anticipates, "will come from civil libertarians," by which he means those "adherents to the especially capacious view of civil liberties that is often advanced in litigation and lobbying by the American Civil Liberties Union." In his book, Richard Posner argues in defense of the …

'Impeaching' Cooperating Witnesses, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article, discussing trial tactics, considers the scenario in which the government seeks to elicit testimony from a witness, involved in the criminal activity, that has entered into a plea agreement; the defendant offers to stipulate that the defense will make no effort to impeach the witness through the use of the plea agreement and moves to exclude it from evidence; yet the prosecutor insists upon using the agreement. The article discusses United States v. Richardson, 421 F.3d 17 (1st Cir. 2005), and United States v. McNeill, 728 F.2d 5 (1st Cir. 1984), and concludes that there is no sensible …

Law And Society Approaches To Cyberspace, Paul Schiff Berman

GW Law Faculty Publications & Other Works

This is the introductory essay to an edited collection titled Law and Society Approaches to Cyberspace and published by Ashgate Publishing. Accordingly, the essay first considers what qualifies as a law and society approach to any particular subject. Then, I address questions about what it means to study cyberspace, surveying some of the academic literature on the subject and identifying three distinct waves of scholarship about the Internet since the mid 1990s. I also discuss some of the major theoretical fault lines that have emerged during this period. Finally, the essay summarizes each of the contributions to the volume, which …