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Victims And The Significance Of Causing Harm, Guyora Binder

Journal Articles

Many criminal law theorists find the punishment of harm puzzling. They argue that acts should be evaluated only on the basis of the risks they create and the actors' awareness of those risks; that punishing results violates both desert and utility. This article explains punishment of harm on the basis of political theory rather than moral philosophy. Punishing harm helps legitimize the rule of law by vindicating victims. A rule of law state precludes cycles of organized retaliatory violence by asserting a monopoly on retaliatory force, thereby depriving individuals and groups of the option of securing their own dignity. We …

A New Look At Neo-Liberal Economic Policies And The Criminalization Of Undocumented Migration, Teresa A. Miller

Journal Articles

This paper situates the current “crisis” surrounding the arrival and continued presence of undocumented immigrants in the United States within penological trends that have taken root in American law over the past thirty years. It positions the shift from more benevolent to the increasingly harsh legal treatment of undocumented immigrants as the continuation of a succession of legal reforms criminalizing immigrants, and governing immigration through crime. By charting the increasing salience of crime in public perceptions of undocumented immigrants, and comparing the immediately preceding criminal stigmatization of so-called “criminal aliens”, this paper exposes current severity toward undocumented immigrants as consistent …

Promoting Prosecutorial Accountability, Independence And Effectiveness, Timothy W. Waters, Belinda Cooper

Books & Book Chapters by Maurer Faculty

Promoting Prosecutorial Accountability, Independence and Effectiveness assists readers in identifying and understanding best practices, and serves as a reference for policymakers, senior prosecutors, academics, and civil society leaders.

The publication should also guide and enrich national debates on prosecutorial reform, especially in countries—such as Bulgaria—which have recently transitioned to democracy.

Victimization On Social Networking Sites, Melanie Ann Taylor

UNLV Retrospective Theses & Dissertations

The purpose of this study was to examine the prevalence of victimization on social networking sites. Current media reports depict social networks as being targets for violence and sexual predators, but limited research on the subject has shown otherwise. A total of 354 students completed a survey regarding harassment, stalking, and sexual assault both online and offline. Koss' (1998) Sexual Experiences Survey was also used to measure sexual assault rates amongst the current sample. Analyses showed that violent victimization rates were low on social networking sites, while verbal harassment, incessant unwanted behaviors, and sexual harassment were all fairly prevalent on …

College Of Applied Science And Technology Strategic Plan, 2008-2013, College Of Applied Science And Technology, Illinois State University

College of Applied Science and Technology Strategic Plans

No abstract provided.

A Systemic Perspective Of Adr In Latin America: Enhancing The Shadow Of The Law Through Citizen Participation, Mariana Hernández Crespo

Cardozo Journal of Conflict Resolution

Part I of this article addresses the issue of a pale shadow of the law in Latin America. Part II reviews the disjointed legal reform efforts in Latin America, and suggests that a systemic perspective could effectively link and strengthen judicial reform efforts and the promotion of ADR. Part III describes the three elements of a systemic reform framework for the enhancement of the shadow of the law in Latin America: sustainable domestic laws, a functional enforcement mechanism, and supportive social norms. This article concludes that enhancing the shadow of the law through citizen participation is essential to optimize dispute …

Punishing Family Status , Jennifer M. Collins, Ethan J. Leib, Dan Markel

Faculty Scholarship

This Article focuses upon two basic but under-explored questions: when does, and when should, the state use the criminal justice apparatus to burden individuals on account of their familial status? We address the first question in Part I by revealing a variety of laws permeating the criminal justice system that together form a string of family ties burdens, laws that impose punishment upon individuals on account of their familial status. The seven burdens we train our attention upon are omissions liability for failure to rescue, parental responsibility laws, incest, bigamy, adultery, nonpayment of child support, and nonpayment of parental support. …

Indian Law Clinics And Externship Symposium Roundtable Discussion: Lawyering For Indigenous People, Tribal Law Journal

Tribal Law Journal

Several native and non-native Indian Law clinicians and scholars participated in a roundtable discussion on June 22, 2007 in Albuquerque, New Mexico to discuss lawyering for indigenous people. The attendees were organized into three different groups: discussants, respondents, and participants. The discussants began the dialogue and discussed their experiences in representing tribes to representing individual native clients in various areas of law. They discussed what it means as a lawyer "to do no harm" and their roles and challenges in teaching students how to serve native populations. The respondents provided their responses to the various topics presented by the discussants. …

Databasing The Disappeared And Deceased: A Review Of The Resources Available In Missing And Unidentified Persons Cases, Erin Mcmenamin

LSU Master's Theses

When an individual goes missing or an unidentified body is found, many resources are available to assist in resolving the case. These resources are operated and contributed to by a wide variety of entities including state, county, and local law enforcement agencies, coroners, medical examiners, forensic anthropologists and odontologists, military personnel, nonprofit organizations, volunteers, and concerned citizens among others. Currently, our nation does not have a single, fully operational, centralized database that is solely dedicated to finding missing persons and identifying the bodies of Jane and John Does. The existing resources for missing and unidentified persons cases are almost innumerable …

Prosecuting Aggression, Noah Weisbord

Faculty Publications

The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to revise the Rome Statute and activate the latent crime of aggression, which awaits a definition of its elements and conditions for the exercise of jurisdiction. The working group charged with drafting a provision is scheduled to complete its task by 2008 or 2009, one year before the International Criminal Court’s first review conference.

Beginning with a history of the crime meant to put the current negotiations in the context of past initiatives, this article sets out the status of the negotiations and begins …

Jail For Juvenile Child Pornographers?: A Reply To Professor Leary, Stephen F. Smith

Journal Articles

Even though Professor Leary and I are united in the goal of protecting children against sexual exploitation, we part company on the proper societal response to the problem of self-produced child pornography. In my view, children who produce and distribute pornographic images of themselves ordinarily should not be regarded as proper objects of punishment. In this context, child protective services, backed up if necessary by the threat of criminal prosecution, is a much more appropriate way of reforming minors and protecting them against the serious dangers to which they expose themselves by creating and distributing pornographic images of themselves. A …

Pretrial And Preventative Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel

Journal Articles

This article analyzes the grounds, procedures and conditions required by International Human Rights Law and International Humanitarian Law for pretrial detention of suspected terrorists for purposes of criminal law enforcement, and for their preventive detention for security and intelligence purposes. Recognizing the difficulties in securing sufficient admissible evidence to prosecute terrorists within the tight time limits imposed by international law, the Article nonetheless suggests that indefinite detention, solely or primarily for purposes of intelligence interrogation, is probably not lawful under U.S. or international law. Preventive detention for security purposes, on the other hand, is generally permitted by international law, provided …

Initiating A New Constitutional Dialogue: The Increased Importance Under Aedpa Of Seeking Certiorari From Judgments Of State Courts, Giovanna Shay, Christopher Lasch

Faculty Scholarship

The Antiterrorism and Effective Death Penalty Act (AEDPA) contains a provision restricting federal courts from considering any authority other than holdings of the Supreme Court in determining whether to grant a state prisoner’s petition for habeas corpus. Through an empirical study of cert filings and cases decided by the Supreme Court, the Authors assess this provision’s impact on the development of federal constitutional criminal doctrine. Before AEDPA and other restrictions on federal habeas corpus, lower federal courts and state courts contributed to doctrinal development by engaging in a dialogue. This dialogue served to articulate the broad constitutional principles set forth …

"It's Not World Peace, But ..." Restorative Justice: Analysis Of Recidivism Rates In Campbell Law School's Juvenile Justice Project, Jennifer L. Kerrigan

Campbell Law Review

This Comment explores victim-offender mediation and specifically the recidivism rates of the juveniles who participated in Campbell's Juvenile Justice Project (JJP). Part II gives a brief background on the different theories of justice and the move towards restorative justice. Part III explains how the JJP came to be and how it currently functions. Part IV outlines the methods used to determine the recidivism rates of the program. Part V displays the results of the study and illustrates the differences with charts. Part VI discusses the possible explanations for the differences in the recidivism rates. Part VII concludes with closing remarks …

Adult Complicity In The Dis-Education Of The Black Male High School Athlete & Societal Failures To Remedy His Plight, Kimberly Jade Norwood

Scholarship@WashULaw

This Article focuses on the educational hurdles facing many Black male student athletes in urban high schools. Academic rigor is rarely expected of these students. They are part of an active form of dis-education. By dis-education, I mean the active failure to educate. Our learning institutions have become so accustomed to excusing these students from academic rigor that doing so simply does not spark a sense of outrage or any notion that we are doing something wrong when it comes to our expectations of these students. No one really questions them when they do poorly on class work and tests. …

Beyond Discretion: Prosecution, The Logic Of Sovereignty, And The Limits Of Law, Conor Clarke, Austin Sarat

Scholarship@WashULaw

Today it is widely recognized in both academic literature and the main-stream media that prosecutors have substantial discretion. Yet prosecutorial decisions involve, in our view, something more than a straightforward exercise of discretion. In this article we move from the language of discretion to that of sovereignty to describe prosecutorial power. In so doing we want to move from the language of administration to the language of power. Focusing on the decision not to prosecute, we argue that prosecutorial decisions participate in, and exemplify, the logic of sovereignty and its complex relationship to legality. By drawing on Carl Schmitt and …

A Closer Look At Veil Piercing In Federal District Courts, Christina L. Boyd, David A. Hoffman

Scholarship@WashULaw

In this project, we utilize six years of original federal district court data to identify the first representative sample of corporate veil piercing litigation. This study will provide a more nuanced understanding of the process of litigation of piercing claims than previous studies, which have been modeled on Robert Thompson's (1991) groundbreaking work on this topic. Our method first identifies veil piercing litigation through Westlaw's trial pleadings database, and proceeds to code each case through detailed examination of PACER records.

We identify and model the differing types of success plaintiffs achieve when they seek to pierce the veil, including those …

Brain Images As Legal Evidence, Emily R. Murphy, Teneille R. Brown, Adina Roskies, Walter Sinnott-Armstrong

Faculty Scholarship

No abstract provided.

Social Impact: Perspectives With Melissa Jonson-Reid And Brett Drake: Changing The Role Of Child Welfare, Betsy Rogers, Geoff Story

Social Impact Publication

"A public health approach would help move child welfare from assessing and preventing an action to thinking about how to support healthy families..."

Social Impact, Edward F. Lawler, Tonya E. Edmonds, Enola K. Proctor, Ellen Rostand, Julie Kennedy, Jessica Martin, Toky Branding + Design, Donna Boyd, A.J. Boyd

Social Impact Publication

From the Dean: Remember the Past. Imagine the Future. Celebrate Today.;

Perspectives: Temperature Rising: Health Care Reform is Back;

Bookshelf: From Incentives to Intuition: What Faculty and Staff are Reading.;

Perspectives with Melissa Jonson-Reid & Brett Drake: Changing the Role of Child Welfare; Perspectives: SEED for Oklahoma Kids.;

Interview: Q&A with Julian Le Grand;

Connecting Individual Health with Public Health: New interdisciplinary approaches are needed to solve today's health care challenges. The solution lies at the nexus of social work, public health, and medicine.;

The Green Dream: The social work profession has been slow to engage the issue of environmental …

Failed Forensics: How Forensic Science Lost Its Way And How It Might Yet Find It, David Faigman

Faculty Scholarship

No abstract provided.

Educators' Perceptions Of Characteristics Of Male And Female Bullies, Melissa Marie Cafaro

Walden Dissertations and Doctoral Studies

Educators perceive female bullies differently than male bullies. Despite evidence that bullying is a serious problem within schools in the United States, there is little research which focuses on how educators perceive differences and similarities of adolescent bullies based upon the gender of the bully. The purpose of this quantitative study was to examine how educators perceive male and female bullies when they are described as exhibiting identical behavior. Goffman's theory of frames formed the theoretical foundation for this study. The independent variable of this study was gender of bully, and the three dependent variables were internalizing behavior, externalizing behavior, …

Happy Families - Translating Positive Psychology Into Family Law, Clare Huntington

Faculty Scholarship

Despite the well-documented finding in the field of positive psychology that close interpersonal relationships are significantly correlated with subjective well-being and thriving communities, scholars have yet to bring together positive psychology and family law. And what is family law if not the law of close interpersonal relationships? Positive psychology and related work have the potential to inform the what, the why, and the how of family law, but realizing the potential of positive psychology as a guide for family law involves challenges. In particular, it requires translating the descriptive science of psychology into the prescriptive policies of family law. This …

O.J., Batson And Snyder: Lessons From An Intersecting Trilogy, Camille Nelson

Scholarly Articles in Law Reviews & Journals

INTRODUCTION There are few cases that inform our collective understanding of the American jury system more than Batson v. Kentucky. This case serves as a touchstone in Equal Protection jurisprudence and can be viewed as "the [U.S. Supreme Court's] most ambitious attempt to impose meaningful prohibitions on the use of race-based peremptory challenges." This case and its progeny provide a framework for the protection of the Fourteenth Amendment's Equal Protection Clause and also implicate the Sixth Amendment's jury-trial guarantees. The Batson holding has been expanded to guard not only against the wrongful exclusion of jurors based upon race, but also …

The Role Of Interagency Collaboration For Substance- Abusing Families Involved With Child Welfare, Beth L. Green, Anna Rockhill, Scott Burns

School of Social Work Faculty Publications and Presentations

Meeting the needs of families involved with the child welfare system because of a substance abuse issue remains a challenge for child welfare practitioners. In order to improve services to these families, there has been an increasing focus on improving collaboration between child welfare, treatment providers, and the court systems. This paper presents the results from qualitative interviews with 104 representatives of these three systems that explore how the collaborative process works to benefit families, as well as the barriers and supports for building successful collaborations. Results indicate that collaboration has at least three major functions: building shared value systems, …

Due Process For The Global Crime Era: A Proposal, Song Richardson

Scholarly Articles in Law Reviews & Journals

This article argues that the adjudication of transnational criminal cases in the United States raises troubling questions about the government's commitment to principled criminal process standards. Concern over global crime has resulted in a criminal process that inadequately protects fairness and legitimacy norms. Over 40 years ago, in his seminal work on the domestic criminal process, Herbert Packer described two models of criminal procedure: the crime control model and the due process model. The crime control model posits that the most important function of the criminal justice system is to suppress crime. The due process model focuses on the fallibility …

Michel Foucault Meets Gary Becker: Criminality Beyond Discipline And Punish, Andrew Dilts

Political Science and International Relations Faculty Works

Among the numerous reasons why Discipline and Punish continues to be read and to shape the contours of criminology, sociology, political theory, and philosophy, is its attention to the development of criminal subjectivity. The ascendancy of the disciplinary age brought about the “fabrication” of the delinquent as a by-product of the discursive needs of the penitentiary technique and the requirements of the juridical law. The figure of the delinquent comes into existence both historically and theoretically at the intersection between discursive orders to manage the contradictions between them, providing a suitable subject for both the court and the penitentiary. The …

'Emaciated' Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson

Newsletters & Other Publications

This short article gives an overview of recent developments in recognition of the right to effective defense in international criminal proceedings, with particular attention to new structures. The systems for provision of defense lawyers are examined in a case study of the Charles Taylor trial by the Special Court for Sierra Leone, sitting in The Hague, as well as the Bosnian War Crimes Chamber and the Special Tribunal for Lebanon.

The Return Of Reasonableness: Saving The Fourth Amendment From The Supreme Court, Melanie D. Wilson

Case Western Reserve Law Review

No abstract provided.

Protecting The Unborn As Modern Day Eugenics, Stephanie Yu Lim

Health Matrix: The Journal of Law-Medicine

No abstract provided.