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2008

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Country Lawyer In A Maverick Boom Town: The Legal Career Of Harry Claiborne, J. Bruce Alverson Jan 2008

Country Lawyer In A Maverick Boom Town: The Legal Career Of Harry Claiborne, J. Bruce Alverson

UNLV Retrospective Theses & Dissertations

The anticipated title of my doctoral dissertation in history is "Country Lawyer in a Maverick Boom Town: The Legal Career of Harry Claiborne." Spanning nearly sixty years, Claiborne's legal career reflected both the spirit of a young Las Vegas as well as the no-holds-barred attitude of frontier lawyers. Moving to Las Vegas initially in 1943 while in the military, he began practicing law in 1947. Claiborne participated in the evolution of the legal community during the mid-century growth period of southern Nevada. Possibly the most active trial lawyer in the state, his first jury trial was in 1947 and his …

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Probation Violations In Three Rural Minnesota Counties, Tami Jo Nettum Lieberg Jan 2008

Probation Violations In Three Rural Minnesota Counties, Tami Jo Nettum Lieberg

Theses and Dissertations

No abstract provided.

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Performance Management Process Report: John Jay College Goals & Targets 2008-2009, John Jay College Of Criminal Justice Jan 2008

Performance Management Process Report: John Jay College Goals & Targets 2008-2009, John Jay College Of Criminal Justice

Reports and Publications from John Jay College

No abstract provided.

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Symposium: Cruel And Unusual Punishment: Litigating Under The Eighth Amendment: Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay Jan 2008

Symposium: Cruel And Unusual Punishment: Litigating Under The Eighth Amendment: Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay

Faculty Scholarship

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 …

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The Relationship Between Pornography And Rape Rates: Does The Distribution Of Pornography Increase The Incidence Of Rape?, Jamie Lee Blalock Jan 2008

The Relationship Between Pornography And Rape Rates: Does The Distribution Of Pornography Increase The Incidence Of Rape?, Jamie Lee Blalock

All ETDs from UAB

This study was conducted to test consumption of pornographic material, specifi-cally Playboy, increases the likelihood of rape at the county level. To do this, a cross-sectional design was used to examine this relationship in 3,133 counties in the United States. Overall, the findings suggest that when households headed by females with child-ren, persons 15 and older who are divorced, percent of the population with a high school education or higher, percent of the population who are unemployed, percent of the popu-lation living in urban areas, percent of the population ages 18 to 24, percent of the popu-lation that are black, …

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A Descriptive Overview Of The Jefferson County Mental Health Court, Crystal Rena Null Jan 2008

A Descriptive Overview Of The Jefferson County Mental Health Court, Crystal Rena Null

All ETDs from UAB

Mental health courts have been established to help meet the treatment needs of the mentally ill offender. If mentally ill offenders commit crimes because of their mental illness, then “by treating [them], society may benefit through reduced recidivism and improvements in social outcomes” (Mears, 2004, 258). This study focuses on the Jefferson County Mental Health Court and its participants. It addresses two main research questions: 1) Who participants in the Jefferson County Mental Health Court; and 2) What factors exist to help predict who successfully completes the Jefferson County Mental Health Court? Unlike the majority of other mental health courts, …

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Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel Jan 2008

Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel

Articles & Chapters

No abstract provided.

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Editorial-Transitional Justice Globalized, Ruti G. Teitel Jan 2008

Editorial-Transitional Justice Globalized, Ruti G. Teitel

Articles & Chapters

Interest in transitional justice has surged in legal scholarship, in the human rights field generally and most notably in the domain of politics. ‘Transitional justice’ is an expression I coined in 1991 at the time of the Soviet collapse and on the heels of the late 1980’s Latin American transitions to democracy. In proposing this terminology, my aim was to account for the self-conscious construction of a distinctive conception of justice associated with periods of radical political change following past oppressive rule. Today we see that an entire field of inquiry, analysis and practice has ensued that reflects scholarly interest; …

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Territorial Integrity And The "Right" To Self-Determination: An Examination Of The Conceptual Tools, Joshua Castellino Jan 2008

Territorial Integrity And The "Right" To Self-Determination: An Examination Of The Conceptual Tools, Joshua Castellino

Brooklyn Journal of International Law

No abstract provided.

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Prisoner Transfer Between Hong Kong And Mainland China: A Preliminary Assessment, Choy Dick Wan Jan 2008

Prisoner Transfer Between Hong Kong And Mainland China: A Preliminary Assessment, Choy Dick Wan

Brooklyn Journal of International Law

No abstract provided.

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Crawford, Davis, And Way Beyond, Richard D. Friedman Jan 2008

Crawford, Davis, And Way Beyond, Richard D. Friedman

Journal of Law and Policy

No abstract provided.

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Domestic Violence Cases After Davis: The Glass Half Empty Or Half Full?, Myrna S. Raeder Jan 2008

Domestic Violence Cases After Davis: The Glass Half Empty Or Half Full?, Myrna S. Raeder

Journal of Law and Policy

No abstract provided.

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Foreshadowing The Future Of Forfieture/Estoppel By Wrongdoing: Davis V. Washington And The Necessity Of The Defendants Intent To Intimidate The Witness, James F. Flanagan Jan 2008

Foreshadowing The Future Of Forfieture/Estoppel By Wrongdoing: Davis V. Washington And The Necessity Of The Defendants Intent To Intimidate The Witness, James F. Flanagan

Journal of Law and Policy

No abstract provided.

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Respecting Beasts: The Dehumanizing Quality Of The Modern Prison And An Unusual Model For Penal Reform, James M. Binnall Jan 2008

Respecting Beasts: The Dehumanizing Quality Of The Modern Prison And An Unusual Model For Penal Reform, James M. Binnall

Journal of Law and Policy

No abstract provided.

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Perennial Punishment? Why The Sex Offender Registration And Notification Act Needs Reconsideration, Jacob Franklin Jan 2008

Perennial Punishment? Why The Sex Offender Registration And Notification Act Needs Reconsideration, Jacob Franklin

Journal of Law and Policy

No abstract provided.

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"I See By This Woman's Features, That She Is Capable Of Any Wickedness": Murderous Women, Public Justice, And The Social Order In London, 1674-1799, Annie Tock Jan 2008

"I See By This Woman's Features, That She Is Capable Of Any Wickedness": Murderous Women, Public Justice, And The Social Order In London, 1674-1799, Annie Tock

Masters Theses

Crime held a certain fascination for eighteenth-century Londoners. They devoured case summaries, ballads, broadsides, pamphlets, and collections of criminal biographies. In addition, they flocked to Tyburn Tree to witness the malefactors hang for their crimes. Then, like now, murders were appalling, but murders committed by women were especially shocking. While part of the interest in murderesses is attributable to their relative rarity, eighteenth century Londoners were also concerned with the implications of deviant women on the state of their society. This was a culture that firmly believed that women's subordination to men was critical to the maintenance of order. In …

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Forgetting The Once-Seen Face: Estimating The Strength Of An Eyewitness’S Memory Representation, Kenneth A. Deffenbacher, Brian H. Bornstein, E. Kiernan Mcgorty, Steven D. Penrod Jan 2008

Forgetting The Once-Seen Face: Estimating The Strength Of An Eyewitness’S Memory Representation, Kenneth A. Deffenbacher, Brian H. Bornstein, E. Kiernan Mcgorty, Steven D. Penrod

Psychology Faculty Publications

The fidelity of an eyewitness’s memory representation is an issue of paramount forensic concern. Psychological science has been un¬able to offer more than vague generalities concerning the relation of retention interval to memory trace strength for the once-seen face. A meta-analysis of 53 facial memory studies produced a highly reliable association (r = .18, d = 0.37) between longer retention intervals and positive forgetting of once-seen faces, an effect equally strong for both face recognition and eyewitness identification studies. W. A. Wick¬elgren’s (1974, 1975, 1977) theory of recognition memory provided statistically satisfactory fits to 11 different empirical forgetting func¬tions. Applied …

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Voting Rights For Felons: An Analysis Of Felon Voting Rights Restoration Laws In Illinois And New York And The Factors That Affect An Elections Official's Willingness Or Reluctance To Implement The Law, Barbara Dongu Smith Jan 2008

Voting Rights For Felons: An Analysis Of Felon Voting Rights Restoration Laws In Illinois And New York And The Factors That Affect An Elections Official's Willingness Or Reluctance To Implement The Law, Barbara Dongu Smith

Masters Theses

This research examines the roles that race and political party affiliation play in an elections official's knowledge of voting rights restoration for felons in Illinois. Felon disenfranchisement as public policy traces a path from pre-modem society to present day and has become a viable issue as the numbers of those incarcerated and denied voting rights has increased. This research proposes to determine if felon disenfranchisement as public policy is prevalent in Illinois, a state that grants franchise to felons after release from Department of Corrections custody or if, as the academic and scholarly literature proposes, it is so entrenched in …

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Corporations, Veils, And International Criminal Liability, Ronald C. Slye Jan 2008

Corporations, Veils, And International Criminal Liability, Ronald C. Slye

Brooklyn Journal of International Law

No abstract provided.

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Front Matter Jan 2008

Front Matter

SMU Law Review

No abstract provided.

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Experts, Mental States, And Acts, Christopher Slobogin Jan 2008

Experts, Mental States, And Acts, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article, written for a symposium on "Guilt v. Guiltiness: Are the Right Rules for Trying Factual Innocence Inevitably the Wrong Rules for Trying Culpability?," argues that the definition of expertise in the criminal justice system, derived in the federal courts and in most states from Daubert v. Merrell Dow Pharmaceuticals Co., should vary depending on whether the issue involved is past mental state or past conduct. While expert psychological testimony about past acts ought to be based on scientifically verifiable assertions, expert psychological testimony about subjective mental states relevant to criminal responsibility need not meet the same threshold. This …

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Habeas Corpus And State Sentencing Reform: A Story Of Unintended Consequences, Nancy J. King, Suzanna Sherry Jan 2008

Habeas Corpus And State Sentencing Reform: A Story Of Unintended Consequences, Nancy J. King, Suzanna Sherry

Vanderbilt Law School Faculty Publications

This Article tells the story of how fundamental shifts in state sentencing policy collided with fundamental shifts in federal habeas policy to produce a tangled and costly doctrinal wreck. The conventional assumption is that state prisoners seeking habeas relief allege constitutional errors in their state court convictions and sentences. But almost 20 percent of federal habeas petitions filed by noncapital state prisoners do not challenge state court judgments. They instead attack administrative actions by state prison officials or parole boards, actions taken long after the petitioner's conviction and sentencing. Challenges to these administrative decisions create serious problems for federal habeas …

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How Has The Three Strikes And You're Out Law Affected The Elderly Inmate Population Growth In The Department Of Correction System Since Its Passage? An Examination Of Washington And California, Deborah A. Smith Jan 2008

How Has The Three Strikes And You're Out Law Affected The Elderly Inmate Population Growth In The Department Of Correction System Since Its Passage? An Examination Of Washington And California, Deborah A. Smith

Theses and Dissertations

This public policy thesis is grounded Washington with Initiative Measure Number 593, later called RCW.9.94A.555, followed by California with Proposition 184, later called California's Penal Code 1170.12. This public policy thesis has explored ways in which Washington and California are now faced with a new growing trend of elderly inmate population. This public policy thesis looked at the different methods of trying to solve this problem. The type of research used for this thesis has been the illustrative case study for the data collection and analysis. This type of case study uses the Qualitative Method. The Qualitative Research Method demonstrates …

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Psycho-Sexual Politics Of Life On The Streets: Narratives Of Homeless Women And Women Who Experienced Homelessness As Children, Jane Stallcup Rampona Jan 2008

Psycho-Sexual Politics Of Life On The Streets: Narratives Of Homeless Women And Women Who Experienced Homelessness As Children, Jane Stallcup Rampona

Theses and Dissertations

Eleven homeless women and eleven providers of homeless services were administered qualitative surveys asking about the experience of homelessness for women. Both groups were asked, “Is it possible for a woman to be safe while on the streets?” Most homeless women emotionally and vehemently answered, “No!” Most providers also answered, though less passionately, that it was impossible for women to be safe on the streets. When asked, “What was the worst thing that happened to you while on the streets?” Most of the women spoke of rape and gang rape. The other eighteen per cent became suddenly uncommunicative regarding the …

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The Proficiency Of English As A Second Language Students At A U.S. Metropolitan University: A Survey Of The Beliefs And Perceptions Of Core-Course Instructors, Pamela Henline Villines Jan 2008

The Proficiency Of English As A Second Language Students At A U.S. Metropolitan University: A Survey Of The Beliefs And Perceptions Of Core-Course Instructors, Pamela Henline Villines

Theses and Dissertations

The success of English as a Second Language (ESL) students at university level in the United States depends upon their ability to perform at a level of language proficiency deemed adequate by university core-course instructors. This writing begins with the historical derivation of “language proficiency,” and continues on to examine the curricular demands of the Intensive English Language Program (IELP) at the University of Arkansas at Little Rock (UALR). ESL students, both IELP graduates and IELP non-affiliates, may enroll in the core courses required to earn a degree from UALR. This thesis is based on the results of a survey …

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Perceived Organizational Forgiveness And Punitive Intent, Rommel Salvador Jan 2008

Perceived Organizational Forgiveness And Punitive Intent, Rommel Salvador

Electronic Theses and Dissertations

Although management scholars have examined various antecedents of punishment in the workplace, there has been scant research on how perceptions of the organizational context influence decision-making regarding punishment. Building on the work of Cameron and colleagues (Cameron, Bright, & Caza, 2004; Cameron & Caza, 2002), I propose that one's perceived organizational forgiveness - the perception of the extent to which the workplace is forgiving - is negatively related with one's punitive intent in response to ethical misconduct. In addition, I identify variables involving the disciplinary agent and the ethical misconduct itself as moderators of this relationship. In a lab study …

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Brothers & Sisters: A New Impetus For Social Construction And Its Impact On Traditional Cultivation Analysis, Scott Elmore Jan 2008

Brothers & Sisters: A New Impetus For Social Construction And Its Impact On Traditional Cultivation Analysis, Scott Elmore

Electronic Theses and Dissertations

Scholars recognize television's ability to influence culture. According to Gerbner, television creates socially constructed realities through the cultivation of its viewers. Television is designed to satisfy the diverse needs of large audiences. The mainstream messages conveyed via television have power to alter perceptions and change culture. Gerbner's theory was constructed from the analysis of crime dramas with single plot lines. Using the ABC television program Brothers & Sisters, this thesis explores the theoretical implications dramas with multiple plot lines have on traditional notions of cultivation theory. Through a content analysis and focus groups, evidence was acquired to suggest that cultivation …

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Time On Florida's Death Row: A Theory Of "Benign Neglect", Angela Willis Jan 2008

Time On Florida's Death Row: A Theory Of "Benign Neglect", Angela Willis

Electronic Theses and Dissertations

This thesis attempts to identify and explain what influences the length of time an inmate spends on Florida's death row. A systematic random sample of 33 Florida death row inmates was drawn from the Florida Department of Corrections death row roster and the Florida Commission on Capital Cases inmate roster. Documented for each death row inmate was how long he spent on Florida's death row navigating the various stages and steps in Florida's post-conviction capital punishment process. The data show that petitions to the state trial courts and appeals to the Florida Supreme Court take the longest time in Florida's …

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Bully Prevention In Positive Behavior Support, Scott W. Ross, R. H. Horner, B. Stiller Jan 2008

Bully Prevention In Positive Behavior Support, Scott W. Ross, R. H. Horner, B. Stiller

Special Education and Rehabilitation Counseling Faculty Publications

No abstract provided.

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Is There Such A Thing As “Defended Community Homicide”?: The Necessity Of Methods Triangulation, Ryan Spohn Jan 2008

Is There Such A Thing As “Defended Community Homicide”?: The Necessity Of Methods Triangulation, Ryan Spohn

Center on Children, Families, and the Law: Faculty Publications

Data on homicides in Buffalo, New York, are analyzed to demonstrate the importance of “methods triangulation” for assessing the validity of quantitative measures. Defended community homicides are quantitatively operationalized as acts that occur in the offender’s community against a nonlocal victim. Poisson models provide strong support for the existence of defended community homicide, which is significantly more common in residentially stable and racially homogenous neighborhoods. However, subsequent qualitative analyses of the victim and offender characteristics and motives of these homicides undermine the “defended community” concept. Qualitative analyses are necessary to assess the validity of quantitative measures in criminological research.

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