Digital Commons Network^™

What The Right Hand Gives: Prohibitive Interpretations Of The State Constitutional Right To Bail, Ariana Lindermayer

Fordham Law Review

Most state constitutions include a right-to-bail provision, commonly phrased, “All persons shall be bailable by sufficient sureties except for [certain offenses] when the proof of guilt is evident or the presumption great.” This Note examines conflicting interpretations of the effect this provision has on the cases excluded from its guarantee—specifically, certain offenses when the proof is evident or presumption great. Some courts read this provision to be silent regarding the excepted cases, allowing the legislature and judiciary to decide whether to permit bail. Others reason that the plain language of this right to bail is prohibitive with respect to the …

Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of International Armed Conflict, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

Faculty Journal Articles and Book Chapters

The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …

Double Jeopardy And Multiple Sovereigns: A Jurisdictional Theory, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

This Article offers a coherent way of thinking about double jeopardy rules among sovereigns. Its theory has strong explanatory power for current double jeopardy law and practice in both U.S. federal and international legal systems, recommends adjustments to double jeopardy doctrine in both systems, and sharpens normative assessment of that doctrine.

The Article develops a jurisdictional theory of double jeopardy under which sovereignty signifies independent jurisdiction to make and apply law. Using this theory, the Article recasts the history of the U.S. Supreme Court's dual sovereignty doctrine entirely in terms of jurisdiction, penetrating the opacity of the term sovereign as …

Deer Guards And Bump Gates For Excluding White-Tailed Deer From Fenced Resources, Kurt C. Vercauteren, Nathan W. Seward, Michael J. Lavelle, Justin W. Fischer, Gregory E. Phillips

Human–Wildlife Interactions

White-tailed deer (Odocoileus virginianus) causing damage is a reoccurring theme in the realm of wildlife damage management, especially regarding human safety, disease transmission, and agricultural losses. Fences often are the only reliable long-term nonlethal means of controlling deer damage. The efficacy of fences, however, relies on their weakest link: human-operated gates. Although not overly time-consuming, the act of closing a gate appears to be a burden to individuals, resulting in open-access to an otherwise protected resource. We examined the efficacy of 2 alternatives to traditional gates to evaluate their potential to be used for excluding or containing deer. …

White-Tailed Deer Attacking Humans During The Fawning Season: A Unique Human-Wildlife Conflict On A University Campus, Ryan D. Hubbard, Clayton K. Nielsen

Human–Wildlife Interactions

Human–wildlife conflicts associated with suburban white-tailed deer (Odocoileus virginianus) populations have increased in the last 20 years. Primary threats to human health and safety associated with overabundant deer populations include deer–vehicle collisions, attacks on humans, disease, and damage to native and ornamental vegetation. During the fawning seasons (May–June) of 2005 and 2006, 13 confirmed incidences of white-tailed deer attacking humans occurred on the campus of Southern Illinois University–Carbondale. To our knowledge, no report exists that documents free-ranging does attacking humans during the fawning season. The attacks occurred at multiple locations on campus, with injuries to humans, including minor …

Coexisting With Cougars: Public Perceptions, Attitudes, And Awareness Of Cougars On The Urban-Rural Fringe Of Calgary, Alberta, Canada, Clarisse Thornton, Michael S. Quinn

Human–Wildlife Interactions

Interactions between humans and cougars (Puma concolor) have been steadily increasing over the past 20 years largely due to human encroachment into cougar habitat and an increase in the human population. We determined the attitudes, knowledge, and perceptions toward cougars by residents in the urban-rural fringe of Calgary, Alberta, Canada, an area populated by both cougars and humans. We sent a survey to a stratified, random sample of 1,508 residents. Survey analysis included a potential for conflict index (PCI) to help provide quantitative direction for future cougar management. We analyzed and tested for differences among 7 variables: livestock …

The Victim-Informed Prosecution Project: A Quasi-Experimental Test Of A Collaborative Model For Cases Of Intimate Partner Violence, Lauren Bennett Cattaneo, Lisa A. Goodman, Deborah Epstein, Laurie S. Kohn, Holly A. Zanville

Georgetown Law Faculty Publications and Other Works

The Victim-Informed Prosecution Project (VIP) was designed to amplify the voice of the victim in the prosecution of a battering current or ex-partner through collaboration between the prosecution and victim-centered agencies. This article describes the rationale for and design and implementation of VIP and then explores whether it increased perceived voice. While some VIP services (advocacy and civil protection order representation) were associated with increased perceived voice, the program as a whole was associated with it only in the context of greater contact with prosecutors, when cases were more likely to be felonies. The authors make specific recommendations for applying …

Volume 2, Issue 7, August 2009, Parkland College

The Toilet Paper

Welcome to Parkland College; Be sure to check your Parkland email; Your Library card is your student ID; Staying on the Cutting Edge; Get to know the Librarians

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer

Articles & Chapters

No abstract provided.

Cybercrimes Vs. Cyberliberties, Nadine Strossen

Articles & Chapters

Cybercrimes vs. Cyberliberties, Chapter 8 in Internet Policy and Economics: Challenges and Perspectives 2nd ed. at 110-127 ( W.H. Lehr & L.M. Pupillo, eds. Springer, 2009).

No Child Left Behind Bars: The Need To Combat Cruel And Unusual Punishment Of State Statutory Rape Laws, Meredith Cohen

Journal of Law and Policy

No abstract provided.

Doing Well By Doing Good And Vice Versa: Self-Sustaining Ngo/Nonprofit Organizations, Barbara K. Bucholtz

Journal of Law and Policy

No abstract provided.

Miranda'S Application To The Expanding Terry Stop, Daniel C. Isaacs

Journal of Law and Policy

No abstract provided.

One Step Forward, Two Steps Back: How Mandating The Human Papillomavirus Vaccine Will Increase The Use Of Vaccine Exemptions And Negatively Impact Our Nation's Health, Katharine Southard

Journal of Law and Policy

No abstract provided.

Regulating Discourtesy On The Bench: A Study In The Evolution Of Judicial Independence, Bruce Green, Rebecca Roiphe

Articles & Chapters

In this paper, we argue that the myth of the detached, rational judge, free from emotion runs the risk of undermining the quality of judging, obscuring the transparency of judicial decisions, and deterring the development of diverse judicial styles. We explore the history of the myth of the detached judge and how it made its way into rules of judicial conduct. By contextualizing this image of the judiciary, the article concludes that the rules of judicial conduct have come to embody an antiquated understanding of judicial independence and ought to be revised to reflect a more modern concept of the …

Implied Reverse Preemption, Anita Bernstein

Brooklyn Law Review

No abstract provided.

In Family Law, Love's Got A Lot To Do With It: A Response To Philip Shaver, Terry A. Maroney

Vanderbilt Law School Faculty Publications

In a contribution to this Symposium on Law and Emotion: Re-Envisioning Family Law, Phillip Shaver and his co-authors succinctly encapsulate contemporary psychological theory on interpersonal attachment -- primarily parent-child attachment and its role in creating lifelong attachment patterns -- and seek to outline the relevance of such research for both social policy and law. This Comment demonstrates that many areas of family law already seek to cultivate and reward attachment. But attachment is not and cannot be the sole-or even, perhaps, the most important-factor driving most legal determinations. Recognizing the importance of secure attachment does not answer difficult questions about …

Defended Neighborhoods And Organized Crime: Does Organized Crime Lower Street Crime?, Hollianne Marshall

Electronic Theses and Dissertations

The literature suggests that neighborhoods with organized criminal networks would have lower crime rates than other neighborhoods or communities, because of the social control their organization exerts on residents and visitors. The strictly organized Italian-American Mafia seems to have characteristics that would translate throughout the neighborhood: People will not participate in overt illegal behaviors because they do not know who is watching, and the fear of what the Mafia might do keeps residents and visitors to the neighborhood relatively well-behaved. Using crime statistics from the NYPD and census data for neighborhood characteristics, four linear regressions were calculated. The results indicate …

Commerce In Religion, Bernadette Meyler

Cornell Law Faculty Publications

As this Symposium Article contends, religion increasingly overlaps with the commercial sphere, and courts are obligated to determine whether or not to adopt an entirely hands-off approach simply because the specter of religion lurks on the horizon. Whereas the jurisprudence of the European Court of Human Rights tends to accept its member states' separation of commercial elements out from the protections more generally accorded to religion, the U.S. Supreme Court has treated the two spheres as overlapping. To the extent that each court does consider religious transactions in terms of commercial relations, each also arrives at a very different conception …

Education And Crime, Gordon A. Crews

Criminal Justice Faculty Publications

The purpose of this chapter is to provide an overview of the topic of education and crime. While at first glance this appears to be a simple task, there is an inherent complexity in examining such a broad subject. There are many different perspectives from which a discussion of education and crime could develop. Criminologists might assume this would be an overview of the impact that an individual’s education level may have upon their criminal or anti-social behavior. On the other hand, parents might assume this is a discussion of the impact of school violence and crime upon the safety …

Evaluation Of Juvenile Justice Education Programs: What The Numbers Say About Juvenile Recidivism, Kevin Egan

Electronic Theses and Dissertations

Each year more than 100,000 juveniles are incarcerated in residential rehabilitative facilities. As part of their course of treatment, educational services are mandated for these incarcerated youth. Programs serving these individuals must provide adequate and appropriate educational programs for these juveniles. With a growing public concern over juvenile delinquency and recidivism, programs are being held accountable for the effectiveness and quality of the programming they offer. In Florida, juvenile justice programs offering educational services are monitored annually by the Juvenile Justice Education Enhancement Program. These programs receive a Quality Assurance (QA) rating as determined by a review team that spends …

Man Up Or Punk Out: The Role Of Masculinity In Prison Rape, Melanie Carlson

Electronic Theses and Dissertations

Using the dataset, "Ethno-Methodological Study of the Subculture of Prison Inmate Sexuality in the United States, 2004-2005," this study investigated the relationship between masculinities and prison rape. These data was collected in 23 men's correctional institutions in 10 states. Between April 2004 and September 2005, 409 males were interviewed (Fleisher & Krienert, 2006). Findings showed that masculinity plays a complex and crucial role in the phenomenon of prison rape. Recommendations were made for inmate-oriented education and training which should include a discussion of masculinity as a possible preventative measure.

Graduate Studies Fact Book

Graduate Studies Fact Books (2006-2017)

No abstract provided.

Institutional Design, Fcc Reform, And The Hidden Side Of The Administrative State, Philip J. Weiser

Publications

Legal scholars have long recognized the importance of the modern administrative state, focusing intently both on the substance of regulatory law and the process of administrative law. Neither focus, however, recognizes the importance of institutional design and institutional processes as determinants of the nature and shape of administrative regulation. The era of neglect towards institutional analysis by both scholars and policymakers may well be on its last legs, as it is increasingly clear that the institutional processes used by regulatory agencies - including when to act by rulemaking as opposed to by adjudication, how to engage the public, and how …

Constitutional Displacement, Timothy Zick

Faculty Publications

This Article examines the intersection between territory and constitutional liberty. Territoriality, as defined by Robert Sack, is the attempt to affect, influence, or control people, phenomena, and relationships by delimiting and asserting control over a geographic area. Territoriality affects constitutional liberty in profound ways. These effects have been apparent in certain infamous historical episodes, including the territoriality of racial segregation, the geographic exclusion and internment of Japanese-Americans during World War II, early state migratory exclusions, and isolation of the sick and mentally ill. Today, governments are resorting to territorial restrictions in an increasing number of circumstances, including detention of enemy …

Evaluating Punishment In Purgatory: The Need To Separate Pretrial Detainees' Conditions-Of-Confinement Claims From Inadequate Eighth Amendment Analysis, David C. Gorlin

Michigan Law Review

The Due Process Clause prohibits all "punishment" of pretrial detainees- individuals that are held by the Government, but not adjudged guilty of any crime. The Eighth Amendment only prohibits the infliction of "cruel and unusual punishments" upon convicted individuals. Despite the Supreme Court's insistence that the Due Process Clause, and not the Eighth Amendment, protects pretrial detainees from deplorable and harmful conditions of confinement, most federal circuits now assess pretrial detainees' claims under Eighth Amendment standards. Under the Eighth Amendment framework, pretrial detainees must establish that conditions subjected them to a substantial risk of serious harm, and that jailers were …

Knocked Down Again: An East L.A. Story On The Geography Of Color And Colors, Steven W. Bender

Faculty Articles

The article discusses the history of struggle of Latin Americans and the legacy of gang violence in East Los Angeles, California. The author states that the positive thing about the place is the closeness of the community and families. However, the 2000 Census states that ninety-seven percent of the city's population is Latin American with about a quarter living below poverty line. Moreover, sociologists consider gang warfare as a defense of turf marked by defined geographic boundaries.

Whose Eyes Are You Going To Believe? Scott V. Harris And The Perils Of Cognitive Illiberalism, Donald Braman, Dan M. Kahan, David A. Hoffman

GW Law Faculty Publications & Other Works

This paper accepts the unusual invitation to see for yourself issued by the Supreme Court in Scott v. Harris, 127 S. Ct. 1769 (2007). Scott held that a police officer did not violate the Fourth Amendment when he deliberately rammed his car into that of a fleeing motorist who refused to pull over for speeding and instead attempted to evade the police in a high-speed chase. The majority did not attempt to rebut the arguments of the single Justice who disagreed with its conclusion that no reasonable juror could find the fleeing driver did not pose a deadly risk to …

Habeas Relief From Bad Science: Does Federal Habeas Corpus Provide Relief For Prisoners Possibly Convicted On Misunderstood Fire Science?, Marc Price Wolf

Minnesota Journal of Law, Science & Technology

No abstract provided.

Minimalism And Deliberative Democracy: A Closer Look At The Virtues Of “Shallowness”, Matthew Steilen

Seattle University Law Review

Judicial minimalism is an account of how judges should, and sometimes do, decide the cases before them. Generally speaking, minimalist judges prefer to resolve difficult cases in a modest way. They favor narrow decisions, confined to the facts of the case; and they favor shallow decisions, avoiding any large account of the problem at hand and how it should be resolved. “Instead of adopting theories,” Cass Sunstein says, minimalist judges “decide cases.” The central claim of this Article is that minimalism does not “spur” or “promote” democracy, as Sunstein has long argued it does. Sunstein’s basic idea is that a …