Digital Commons Network^™

Gender Matters, Volume 13, Issue 4, April/May 2008, Women's, Gender, And Sexuality Studies Program

Gender Matters (2006-2011)

A bulletin of the Illinois State University Women’s and Gender Studies program, Volume 13, Issue 4, April/May 2008.

Supranational Rulings As Judgments And Precedents, Ernest A. Young

Duke Journal of Comparative & International Law

No abstract provided.

Overcoming Necessity: Torture And The State Of Constitutional Culture, Thomas P. Crocker

Faculty Publications

No abstract provided.

Connected To The Community, Linda Mannering

Strategic Planning Forums

This presentation discusses community engagement at UNO.

Retribution, Restoration, And White-Collar Crime, Katherine Beaty Chiste

Dalhousie Law Journal

A "restorative" approach to criminality and conflict has been proposed in a number of common law jurisdictions in a variety of legal contexts, both civil and criminal, with an interesting exception: white-collar crime, which is discussedin an almost exclusively retributive vocabulary. This paper explores what a specifically restorative response to white-collar crime might look like, a response which above all else would seek to heal the harm the crime has done. In particular,the author looks at the possibilities for voluntary participation of victims and offenders; broad stakeholder inclusion and a focus on future relations rather than past offences-all necessaryparts of …

The Boundaries Of The Criminal Law: The Criminalization Of The Non-Disclosure Of Hiv, Isabel Grant

Dalhousie Law Journal

In this paper, the author examines the trend toward the increased criminalization and punishment of persons with HIV who fail to inform their stxual partners of their HIV-positive status. Since the Supreme Court of Canada's decision in R. v. Cuerrier, such behaviour may constitute aggravated assaultor aggravated sexual assault, the latter offence carrying a maximum sentence of life imprisonment. The paper surveys the Canadian case law and highlights the trend towards the imposition of increasingly harsh sentences. After reviewing public-health and criminal law options for dealing with nondisclosure of one's HIV status, the author concludes that criminal law should only …

Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy-A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald

Cardozo Journal of International and Comparative Law

The article explores the integration of restorative justice within Canada's criminal justice system, emphasizing its potential to enhance human capital development and community capacity through deliberative democratic processes. It argues that restorative justice offers a more effective and responsive approach compared to traditional punitive measures, which often fail to address the root causes of crime and may even exacerbate recidivism. By examining the Nova Scotia Restorative Justice Program as a model, the analysis highlights the benefits of combining restorative practices with formal criminal justice systems, advocating for a shift towards more inclusive and rehabilitative approaches to crime.

Reforming Eyewitness Identification Procedures Under The Fourth Amendment, Sarah Anne Mourer

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

S08rs Sgr No. 28 (Proguns), Boyd, Graham

Student Senate Enrolled Legislation

A RESOLUTION

In support of Louisiana State House of Representatives Bill No. 199, which would authorize the carrying of handguns by a trained individual who possesses a concealed handgun permit on college, university, or post-secondary vocational-technical school campuses.

Strategies For Dealing With Self-Represented Litigants, Jona Goldschmidt

North Carolina Central Law Review

No abstract provided.

The Paving Principle Of Good Intentions - Calls For Reform Of The Indian Gaming Regulatory Act And The Private Game Theory Equilibrium Opposing Them, John C. Kuzenski

North Carolina Central Law Review

No abstract provided.

Perspectives, Spring 2008, Western New England College School Of Law

Perspectives Alumni Magazine

No abstract provided.

Resolving Student-To-Student Conflict In Our School: The Effects Of Conflict Resolution And Peer Mediation On School Climate, Dottie Kamilos

Education Masters Theses

The purpose of this research project is to evaluate the peer mediation program that was implemented at Western Mennonite School in the fall of 2005. The program was started after an increase in student-to-student conflict in 2004. A student survey in 2005 reported that 32% of our students experienced times when they felt threatened or unsafe on campus. The program lasted for one academic school year. During that time, 14 middle and high school students were trained as mediators and participated in a peer mediation program. I was the coordinator of the program that included a team of six other …

The Insanity Of The Mens Rea Model: Due Process And The Abolition Of The Insanity Defense, Jean K. Gilles Phillips, Rebecca E. Woodman

Pace Law Review

No abstract provided.

Iraq As A Psychological Quagmire: The Implications Of Using Post-Traumatic Stress Disorder As A Defense For Iraq War Veterans, Erin M. Gover

Pace Law Review

No abstract provided.

Death Becomes The State: The Death Penalty In New York State - Past, Present And Future, Deborah L. Heller

Pace Law Review

No abstract provided.

An Experimental Juvenile Probation Program: Effects On Parent And Peer Relationships, Eve M. Brank, Jodi Lane, Susan Turner, Terry Fain, Amber Sehgal

Department of Psychology: Faculty Publications

In an effort to provide a wider range of services to youth and their families than is traditionally available in routine probation, the South Oxnard Challenge Project (SOCP) employed a team approach to service delivery of an intensive probation program. The researchers interviewed juveniles who were randomly assigned to either the SOCP experimental condition or the control condition of a routine probation program. The intensive probation program, among other goals, focused on improving parent-child relationships and teaching youth how to choose better peers. At 1 year post random assignment, experimental and control youth were not significantly different on key family …

Predicting Crime, M. Todd Henderson, Justin Wolfers, Eric Zitzewitz

Coase-Sandor Institute for Law & Economics Research Paper Series

Prediction markets have been proposed for a variety of public policy purposes, but no one has considered their application in perhaps the most obvious policy area: crime. This paper proposes and examines the use of prediction markets to forecast crime rates and the impact on crime from changes to crime policy, such as resource allocation, policing strategies, sentencing, postconviction treatment, and so on. We make several contributions to the prediction markets and crime forecasting literature. First, we argue that prediction markets are especially useful in crime rate forecasting and criminal policy analysis, because information relevant to decisionmakers is voluminous, dispersed, …

Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime Yarussi

Project on Addressing Prison Rape - Articles

The Prison Rape Elimination Act of 2003 (PREA) is the first piece of federal legislation that expressly and exclusively addresses sexual abuse of persons in custody. Notwithstanding passage of the Act, there is a clear belief, echoed by correctional leaders, that prosecutors are reluctant at best, and unwilling at worst, to prosecute cases of sexual violence in correctional settings. In order to gather information on the prosecutor interest in and capacity to prosecute these cases, the National Institute of Corrections Project on Addressing Prison Rape at the Washington College of Law (the NIC/WCL Project) collected data from state and federal …

The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article aims to provide a brief background of the Prison Rape Elimination Act (PREA) and the important political forces that shaped its passing, the current status on implementation of the Act, including progress made with each of the tools, and a prediction about issues that will arise in the enactment and implementation of the standards required by PREA.

Improving The Reliability Of Criminal Trials Through Legal Rules That Encourage Defendants To Testify, Jeffrey Bellin

Faculty Publications

Reflecting a traditional bias against defendants' trial testimony, the modern American criminal justice system, which now recognizes a constitutional right to testify at trial, unabashedly encourages defendants to waive that right and remain silent. As a result, a large percentage of criminal defendants decline to testify, forcing juries to decide the question of the defendant's guilt without ever hearing from the person most knowledgeable on the subject.

This Article contends that the inflated percentage of silent defendants in the American criminal trial system is a needless, self-inflected wound, neither required by the Constitution nor beneficial to the search for truth. …

Full Page Ads, Editor

Against the Grain

No abstract provided.

Cultural Competency In Capital Mitigation, Christopher Seeds, Scharlette Holdman

Cornell Law Faculty Publications

Cultural factors so pervasively influence the interactions of the client with other people - including all of those with whom he comes into contact at significant times in his life (e.g. in educational, medical, and correctional institutions), those surrounding him in the community in which he develops, and, critically, the members of the defense team - that it is imperative for the defense team to have the talents necessary to conduct a mitigation investigation that is culturally competent. The investigation must recognize and surmount an array of barriers, overt and subtle, to obtaining information from people of variegated backgrounds. As …

Misdemeanants, Firearms, And Discretion: The Practical Impact Of The Debate Over "Physical Force" And 18 U.S.C. § 922(G)(9), Adam W. Kersey

William & Mary Law Review

No abstract provided.

So, What About Sox? Market Response To Government Regulation, Cindy J. Burrows

Inquiry Journal 2008

No abstract provided.

Abuse Behind The Badge Intimate Partner Violence And Child Abuse In Police Families, Denicia M. Veroza

Sociology & Criminal Justice Theses & Dissertations

This study analyzes the factors that may contribute to intimate partner violence and child abuse among police officers' families. Secondary data was obtained from the National Institute of Justice Data Resources Program, "Police Stress and Domestic Violence in Police Families in Baltimore, Maryland, 1997-1999u (Gershon 2000). Surveys were distributed to 1577 Baltimore Police officers. The sample size for this study was 886, which included only those officers who were married, had live-in partners, or were divorced/separated or widowed. From this sample, it was found that 7.9% of the Baltimore Police officers admitted to committing intimate partner violence and 8.4% admitted …

Implementing The Rights Revolution: Repeat Players And The Interpreting Of Diffuse Legal Messages, Charles R. Epp

Law and Contemporary Problems

No abstract provided.

Book Review: Rachel Kerr. The International Criminal Tribunal For The Former Yugoslavia: An Exercise In Law, Politics, And Diplomacy , Daniel C. Turack

Genocide Studies and Prevention: An International Journal

In her book, Rachel Kerr presents, through the operation of the International Criminal Tribunal For the Former Yugoslavia (ICTY), an integrated study of law and international politics in the maintenance of international peace and security. Although the tribunal was established as a tool of politics, it has administered justice in an apolitical fashion. Kerr’s empirical examination explores the necessity of the ICTY’s political status for the performance of its judicial function as an independent court.

Improving The Reliability Of Criminal Trials Through Rules That Encourage Defendants To Testify, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

Reflecting a traditional bias against defendants' trial testimony, the modern American criminal justice system, which now recognizes a constitutional right to testify at trial, unabashedly encourages defendants to waive that right and remain silent. As a result, a large percentage of criminal defendants decline to testify, forcing juries to decide the question of the defendant's guilt without ever hearing from the person most knowledgeable on the subject. This Article contends that the inflated percentage of silent defendants in the American criminal trial system is a needless, self-inflected wound, neither required by the Constitution nor beneficial to the search for truth. …

Political Judges And Popular Justice: A Conservative Victory Or A Conservative Dilemma?, George D. Brown

William & Mary Law Review

Most of the judges in America are elected. Yet the institution of the elected judiciary is in trouble, perhaps in crisis. The pressures of campaigning, particularly raising money, have produced an intensity of electioneering that many observers see as damaging to the institution itself. In an extraordinary development, four justices of the Supreme Court recently expressed concern over possible loss of trust in state judicial systems. Yet mechanisms that states have put in place to strike a balance between the accountability values of an elected judiciary and rule of law values of unbiased adjudication are increasingly invalidated by the federal …