Digital Commons Network^™

The Death Of Death-Qualification, G. Ben Cohen, Robert J. Smith

Case Western Reserve Law Review

No abstract provided.

The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia Saucedo

McGeorge School of Law Scholarly Articles

No abstract provided.

Retooling Law Enforcement To Investigate And Prosecute Entrenched Corruption: Key Criminal Procedure Reforms For Indonesia And Other Nations, Leslie Gielow Jacobs, Benjamin B. Wagner

McGeorge School of Law Scholarly Articles

No abstract provided.

The Protect America Act Of 2007: A Framework For Improving Intelligence Collection In The War On Terror, Jeffrey F. Addicott, Michael T. Mccaul

Faculty Articles

The most important weapon in the War on Terror is intelligence. The Protect America Act of 2007, a modification of the Foreign Intelligence Surveillance Act (FISA), was favored by Congress for providing a positive framework for ensuring the proper rule of law kept pace with changes in technology. FISA closed the intelligence gaps that had arisen because of the application of the Act to foreign persons in foreign countries.

FISA codifies in federal law the procedures associated with how electronic surveillance and searches of acquisition of foreign intelligence is conducted. In order to conduct electronic surveillance, a court order must …

Criminal Rules Amendments Effective As Of December 2007, David A. Schlueter

Faculty Articles

A number of amendments to the Federal Rules of Procedure and Evidence became effective on December 1, 2007. Criminal Rule 11 was amended to conform the rule to the Supreme Court’s decision in United States v. Booker, which held that the sections in the federal sentencing statute that made pleas mandatory violated the fifth and sixth constitutional amendments. Criminal Rule 32 was made to conform to United States v. Booker by making it clear that the court may require the probation office to include in the presentence report information relevant to factors set out in 18 U.S.C § 3553(a). The …

Criminal Procedure In Perspective, Kit Kinports

Faculty Scholarship

This Article attempts to situate the Supreme Court's constitutional criminal procedure jurisprudence in the academic debates surrounding the reasonable person standard, in particular, the extent to which objective standards should incorporate a particular individual's subjective characteristics. Analyzing the Supreme Court's search and seizure and confessions opinions, I find that the Court shifts opportunistically from case to case between subjective and objective tests, and between whose point of view - the police officer's or the defendant's - it views as controlling. Moreover, these deviations cannot be explained either by the principles the Court claims underlie the various constitutional provisions at issue …

The Current State Of Residential Segregation And Housing Discrimination: The United States' Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, Michael B. De Leeuw, Megan K. Whyte, Dale Ho, Catherine Meza, Alexis Karteron

Michigan Journal of Race and Law

The United States government accepted a number of obligations related to housing when it ratified the International Convention on the Elimination of All Forms of Racial Discrimination ("CERD"). For example, the United States government must ensure that all people enjoy the rights to housing and to own property, without distinction as to race; cease discriminatory actions, including those that are discriminatory in effect regardless of intent; and take affirmative steps to remedy past discrimination and eradicate segregation. This Article discusses the United States government's compliance with those obligations, as well as the importance of meaningful compliance in maintaining the United …

Intellectual Property At The Intersection Of Race And Gender: Lady Sings The Blues, K.J. Greene

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Delegating To International Courts: Self-Binding Vs. Other-Binding Delegation, Karen J. Alter

Law and Contemporary Problems

Alter highlights the diverse nature of international delegations to courts. She argues that the roles and tasks delegated to international courts increasingly mimic in form and content the broad variety of tasks delegated to courts in liberal democracies, but that delegating these tasks to international courts is fundamentally different than delegating them to domestic courts because of the implications for national sovereignty. Whereas international courts were initially established to be dispute-resolution bodies, they now also perform administrative review, enforcement, and even constitutional review. Alter explains how each of these judicial roles binds other actors, binds states, or both.

Human Rights At Home: Domestic Violence As A Human Rights Violation, Caroline Bettinger-López

Articles

No abstract provided.

Of Republicrats And Dempublicans: Can African American Voting Patterns At The Local Level Translate Into Broader Support For National Republican Candidates?, Cleveland Ferguson Iii

University of Florida Journal of Law & Public Policy

No abstract provided.

False Consensus Bias In Contract Interpretation, Lawrence Solan, Terri Rosenblatt, Daniel Osherson

Faculty Scholarship

No abstract provided.

Strafford County 2007 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2007., Stafford County Representatives

Strafford County, NH Annual Reports

This is an annual report containing vital statistics for a county in the state of New Hampshire.

United States Opposition To The 1998 Rome Statute Establishing An International Criminal Court: Is The Court's Jurisdiction Truly Complementary To National Criminal Jurisdictions?, Jimmy Gurulé

Journal Articles

Although the United States supports the creation of a permanent International Criminal Court (ICC), it opposes such a court as set forth in the 1998 Rome Statute because it leaves open the potential for United States military personnel and government officials to be prosecuted for unintended loss of civilian life. Can the United States formulate a legal argument to support its view that inadvertent civilian casualties should not be considered a war crime within the jurisdiction of the ICC? The article argues that it can because the ICC’s jurisdiction under the Rome Statute is not complementary to national prosecutions held …

Anabolic Androgenic Steroids: Use And Perceived Use In Non-Athlete College Students, Joseph M. Berning, Kent J. Adams, Mark Debeliso, Bryant A. Stamford, Ian Newman

Department of Educational Psychology: Faculty Publications

Objective: The authors investigated the use and perceived use of anabolic androgenic steroids (AAS) among nonathlete college students. Participants: The authors surveyed a sample of 485 nonathlete college students at a major metropolitan university. Methods: They administered a survey on use and perceived use of AAS to the students. Results: Forty-two participants (9%) reported using AAS (37 men, 5 women). Seniors were the most likely to use AAS (36%), and freshman the least likely (7%). Thirty-four percent of nonusers and 41% of users indicated they knew between 1 and 5 AAS users. Of the total sample, 36% perceived that 5% …

Technology Support For The Classroom: Technology Alternatives To The Traditional Classroom, Michael L. Gibson, Mari W. Buche, Jerry J. Waite

Journal of International Technology and Information Management

As technology continues to advance, instructors in higher education are able to enhance course instruction. Course support tools can be customized to meet the needs of the instructor, including file sharing, grade tracking, communicating, and making announcements. Blended learning advances course enhancements to include integrated solutions such as links to electronic textbooks and assignments. The most advanced use of technology for educational purposes is found in the distance learning format. This paper describes various uses of technology to support classroom instruction. Examples are provided.

A Case Of Moral Heroism: Sympathy, Personal Identification, And Mortality In Rwanda, Ari Kohen

Department of Political Science: Faculty Publications

What sort of person chooses to remain in a place like Rwanda when an easy exit is offered, when leaving seems the only safe or sane option, and when one is not directly connected to the would-be victims? And how does this person come to develop a circle of care that is expansive enough to include those who are radically Other? In what follows, I consider these questions through a detailed examination of the recent example of Paul Rusesabagina, the Hutu hotel manager in Kigali, Rwanda, who sheltered more than a thousand Tutsi and moderate Hutu refugees during the hundred-day …

Procedural Justice In Family Conflict Resolution And Deviant Peer Group Involvement Among Adolescents: The Mediating Influence Of Peer Conflict, Jennifer Stuart, Mark Fondarco, Scott A. Miller, Veda Brown, Eve M. Brank

Department of Psychology: Faculty Publications

The involvement of adolescents with deviant peer groups is one of the strongest proximal correlates to juvenile delinquency and stems from a variety of causes. Past research has linked ineffective parenting with peer variables, including deviant peer group involvement and peer conflict during adolescence. In this study, adolescents’ appraisals of procedural justice within the family (adolescents’ appraisals of how fairly they are treated by parents in the process of resolving family conflict) were examined as one aspect of effective parenting that may relate to deviant peer group involvement in early adolescence. Data from 1660 middle school students (ages 11-14, mean …

Gender, And Other Variables, Affecting Graduation Outcomes And The Future Of Science. Male Vs. Female Students 1995-2003 Rochester Institute Of Technology’S College Of Science, Catherine Mahrt-Washington

Theses

This thesis focuses on the impact of retention of undergraduate students on the future of science. If there are insufficient numbers of science students pursuing and succeeding in Science, Technology, Engineering and Mathematics education and careers, it has been argued that the United States will lose its innovative, competitive, and technological edge. The focus is on the challenges of retaining students, both male and female, in the sciences at Rochester Institute of Technology from 1995-2003. This thesis will describe and analyze existing data in an effort to develop a case specific understanding of retention metrics, student retention dynamics, and consideration …

The California Greenhouse Gas Waiver Decision And Agency Interpretation: A Response To Galle And Seidenfeld, Nina A. Mendelson

Articles

Professors Brian Galle and Mark Seidenfeld add some important strands to the debate on agency preemption, particularly in their detailed documentation of the potential advantages agencies may possess in deliberating on preemption compared with Congress and the courts. As they note, the quality of agency deliberation matters to two different debates. First, should an agency interpretation of statutory language to preempt state law receive Chevron deference in the courts, as other agency interpretations may, or should some lesser form of deference be given? Second, should a general statutory authorization to an agency to administer a program and to issue rules …

Sentencing: Where Case Theory And The Client Meet, Kimberly A. Thomas

Articles

Criminal sentencing hearings provide unique opportunities for teaching and learning case theory. These hearings allow attorneys to develop a case theory in a context that both permits understanding of the concept and, at the same time, provides a window into the difficulties case theory can pose. Some features of sentencing hearings, such as relaxed rules of evidence and stock sentencing stories, provide a manageable application of case theory practice. Other features of sentencing hearings, such as the defendant's allocution, require an attorney to contend with competing "case theories," and as a result, to face the ethical and counseling challenge of …

Waiting For The Other Shoe: Hudson And The Precarious State Of Mapp, David A. Moran

Articles

I have no idea whether my death will be noted in the New York Times. But if it is, I fear the headline of my obituary will look something like: "Professor Dies; Lost Hudson v. Michigan' in Supreme Court, Leading to Abolition of Exclusionary Rule." The very existence of this Symposium panel shows, I think, that my fear is well-grounded. On the other hand, I am not quite as fearful that Hudson foreshadows the complete overruling of Mapp v. Ohio2 and Weeks v. United States3 as I was when I published an article just three months after the Hudson decision …

Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay

Articles

Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to constitutional regulation of governmental treatment of even those who have broken society’s rules. And accordingly, most of our prisons and jails are run by committed professionals who care about prisoner welfare and constitutional compliance. At the same time, for prisons—closed institutions holding an ever-growing disempowered population—most of the methods by which we, as a polity, foster government accountability and equality among citizens are unavailable or at least not currently practiced. In the absence of other levers by which …

Admissions Viewbook, 2008-2009, Illinois State University, Office Of Admissions

Admissions Viewbook

Recruitment booklet created by Illinois State University's Office of Admissions

Criminal Manifestos And The Media, Arlen Pyenson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Strict Liability And Negligent Rape: Or How I Learned To Start Worrying And Question The Criminal Justice System, Dini Rosenbaum

Cardozo Journal of Equal Rights & Social Justice

The note critiques strict liability and negligent rape standards, advocating for a more nuanced approach that prioritizes subjective fault and societal education to address the limitations of current rape laws. It emphasizes the need to align legal standards with the defendant's actual state of mind while addressing systemic barriers to justice, particularly in date rape cases. The analysis highlights the gap between legal reforms and their practical application, suggesting that education could be a more effective tool for prevention than relying solely on legal changes.

Reporting Sexual Assault Of Women In The Military, Jodie Friedman

Cardozo Journal of Equal Rights & Social Justice

The note examines the underreporting of sexual assaults in the military and the impact of policy changes aimed at addressing this issue. It highlights the challenges faced by victims, including fears of retaliation and the lack of confidentiality, and evaluates the effectiveness of the 2005 restricted reporting policy. The analysis suggests that while progress has been made, systemic issues persist, and further reforms are needed to protect victims' rights and ensure justice.

2008-2009 Lindenwood University Graduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Graduate Course Catalog

2008-2009 Lindenwood University Lcie Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University LCIE Course Catalog

2008-2009 Lindenwood University Undergraduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Undergraduate Course Catalog