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Uwlaw, Spring 2009, Vol. 59

Alumni Magazines

No abstract provided.

Conceptualizations Of Legalese In The Course Of Due Process, From Arrest To Plea Bargain: The Perspectives Of Disadvantaged Offenders, Shiv Narayan Persaud

North Carolina Central Law Review

No abstract provided.

Sacred Heart University Magazine, Spring 2009, Sacred Heart University

Sacred Heart University Magazine

No abstract provided.

Confronting Scientific Reports Under Crawford V. Washington, Bennett L. Gershman

Pace Law Review

No abstract provided.

Measuring The Effect Of Family Income On Undergraduate Behavior, Lindsey Brewer

Honors Theses

Educational equality has been an important and relevant issue in recent years, especially as tuition increases at colleges and universities make it increasingly difficult for low and middle-income families to afford education for their children. There are even more issues of educational equality that come into play once a student matriculates at a chosen school. This paper focuses on this area, expanding on existing literature that details family income’s impact on undergraduate behavior. Academic pursuits have been a topic for prior research in this area, but this paper also models extracurricular behavior as a function of family income. Results show …

Introduction: Symposium On Remedies For Exonerated Prisoners, Jack M. Beermann

Faculty Scholarship

Exoneration of wrongfully convicted prisoners is not a new thing, but it seems to be more common with advances in the availability and utility of DNA evidence. Given the number of exonerations that have occurred in recent years, it is increasingly difficult to dismiss inmates’ ubiquitous claims of innocence. Is it still a safe assumption that the vast majority of claims of innocence are false? Do we trust that post-conviction and appellate procedures will sort the wheat from the chaff?

Regardless of how we answer the questions raised above, there is one question society must answer—how should the wrongfully convicted …

Privacy, Accountability, And The Cooperating Defendant: Towards A New Role For Internet Access To Court Records, Caren M. Morrison

Vanderbilt Law Review

Now that federal court records are available online, anyone can obtain criminal case files instantly over the Internet. But this unfettered flow of information is in fundamental tension with many goals of the criminal justice system, including the integrity of criminal investigations, the accountability of prosecutors, and the security of witnesses. It has also altered the behavior of prosecutors intent on protecting the identity of cooperating defendants who assist them in investigating other targets. As prosecutors and courts collaborate to obscure the process by which cooperators are recruited and rewarded, Internet availability risks degrading the value of the information obtained …

The Criminalization Of Mental Illness: How Theoretical Failures Create Real Problems In The Criminal Justice System, Georgia L. Sims

Vanderbilt Law Review

When Andrea Yates drowned her five children, she believed she was preventing Satan from infiltrating their souls. Rusty Yates blamed both the mental health system and the criminal justice system for his wife's actions and also for her initial conviction. Andrea Yates suffered from post-partum depression and psychosis; had attempted suicide twice; had been hospitalized on several occasions for psychiatric treatment; and was found not guilty by reason of insanity in her 2006 retrial.' Although Yates likely will spend the rest of her life in a mental institution, she will receive mental health treatment throughout her time at the facility. …

Political Science News And Views, Spring 2009, Department Of Politics And Government

Department of Politics and Government News and Views

Newsletter of the Department of Politics and Government at Illinois State University

Political Science Spring 2009, Dan Sabia

Political Science Newsletter Spring 2009

No abstract provided.

Towards A More Reasonable Approach To Free Will In Criminal Law, Stephen O'Hanlon

Cardozo Public Law, Policy & Ethics Journal

This paper questions criminal law's strong presumption of free will. Part I assesses the ways in which environment, nurture, and society influence human action. Part II briefly surveys studies from the fields of genetics and neuroscience which call into question strong assumptions of free will and suggest explanations for propensities toward criminal activity. Part III discusses other "causes" of criminal activity including addiction, economic deprivation, gender, and culture. In light of Parts I through III, Part IV assesses criminal responsibility and the legitimacy ofpunishment. Part V considers the possibility of determiningpropensity for criminal activity based on assessing causal factors and …

Catching Up: The Need For New York State To Amend Its Juvenile Offender Law To Reflect Psychiatric, Constitutional And Normative National Trends Over The Last Three Decades, Michelle Haddad

Cardozo Public Law, Policy & Ethics Journal

The note argues that New York's Juvenile Offender Law of 1978 is outdated and in need of reform. Enacted in response to a tragic crime, the law shifted juvenile justice from rehabilitation to punishment, allowing children as young as 13 to be tried as adults. However, advancements in psychological understanding of adolescent brain development, constitutional rulings, and international trends emphasize the need for a more nuanced, rehabilitative approach. The note advocates for amending the law to reflect these developments and prioritize individualized consideration of juvenile cases.

Outsourcing And Insourcing Crime: The Political Economy Of Globalized Criminal Activity, Tomer Broude, Doron Teichman

Vanderbilt Law Review

Globalization is on the rise. The last few decades have been marked by dramatic reductions in transaction costs that have helped bring together local markets. Technological advances such as wireless telecommunications and the Internet have connected buyers and sellers of goods and services across the planet through transactions that were not even feasible, let alone cost-effective, as little as a decade ago. No less importantly, the systematic removal of regulatory barriers to international trade has facilitated economic globalization. At the forefront of international economic liberalization, the creation of the World Trade Organization ("WTO") in 1995 extended multilateral trading rules beyond …

Institutional Factors Supporting The Enrollment And Persistence Of African-American Males In Virginia Community Colleges, Alfred A. Roberts

Educational Leadership & Workforce Development Theses & Dissertations

The participation and persistence rates of African-American males in American institutions of higher education consistently trail those of other ethnic and gender subgroups. These national enrollment, graduation, and transfer statistics are reflected in the member institutions of the Virginia Community College System (VCCS). The purpose of this study was to determine which of the 23 member colleges of the Virginia Community College System (VCCS) have been able to enroll and graduate or transfer the highest proportional number of African-American male students and to identify the institutional characteristics and practices that best predict the enrollment and persistence of African-American males.

The …

A State Comparative Study Of The Factors Influencing Nursing Home Quality Of Care Regulation, Tancy Joe Vandecar-Burdin

School of Public Service Theses & Dissertations

While over one million elderly reside in U.S. nursing homes, little attention has been given to the factors that influence state nursing home regulation and how state regulations differ from the federal regulations. The focus of nursing home research literature has been on factors that impact quality of care at the individual patient and organizational level. The state comparative literature, which examines the differences between state policy choices, focuses on fiscal nursing home policymaking. An important gap exists in the literature in that state decision-making regarding nursing home quality of care policy has not been explored.

This study of U.S. …

Media Exposure And Women's Fear Of Crime, Pamela C. Hooper

Sociology & Criminal Justice Theses & Dissertations

This study examines the relationship between the media portrayal of women and crime on television and fear of crime among female viewers. Data from the National Opinion Survey of Crime and Justice was used. A weak relationship between media exposure and fear of crime was found. Consistent with previous research, a statistically significant gender difference was revealed. Women reported higher levels of fear overall. When television dramas were examined, women who watched these shows had a lower reported fear of crime. An unexpected inverse relationship emerged between women's age and fear of crime. This finding contradicts a majority of the …

Retention And Job Satisfaction Among Local Law Enforcement, Lisa N. Parron

Sociology & Criminal Justice Theses & Dissertations

This thesis is an exploratory study which examines the retention of police officers in the Norfolk Police Department. Focus group interviews with nine police officers provided the data for this study. Participants described aspects of their job that they enjoy and aspects of their job that could be improved. Themes identified include working conditions, supervisor relationships, interpersonal relationships, pay, responsibility, achievement and recognition, and appeal of the job.

This research was aimed at revealing what officers like and dislike about their job in order to reduce voluntary turnover and increase retention.

The findings from this study indicate that job satisfaction …

Retaining Employees The Relationship Between Organizational Loyalty And Commitment And Employee Retention, Sara L. Baker

Sociology & Criminal Justice Theses & Dissertations

This thesis is an exploratory study which examines employee retention in relation to organizational loyalty and commitment, specifically in the field of law enforcement. Focus groups with nine police officers who are currently employed with the Norfolk Police Department provided the data for this study. Participants described various positive aspects of the job that they enjoy as well as reasons for their remaining with the department. Themes identified include working conditions, interesting work, peers and subordinates, company policy and administration, interpersonal relationships with supervisors, achievement and recognition, and professional growth and advancement.

This research addresses how loyalty and commitment are …

Introduction, Erin Ann O'Hara

Law and Contemporary Problems

No abstract provided.

Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins

Law and Contemporary Problems

In recent decades, the criminal-justice pendulum has swung to the opposite extreme. Criminal law is often described as covering disputes between the offender and the state. Victims are not direct parties to criminal proceedings, they have no formal right to either initiate or terminate a criminal action, and they have no control over the punishment meted out to offenders. In this state-centric system, victim needs have been left unsatisfied, giving rise to a politically powerful victims' rights movement that has had success in giving victims rights of access to prosecutors and rights to be heard in the courtroom. Here, O'Hara …

Never Being Able To Say You’Re Sorry: Barriers To Apology By Leaders In Group Conflicts, Roger Conner, Patricia Jordan

Law and Contemporary Problems

Conner and Jordan discuss three implications of the foregoing analysis for leaders, peacemakers, and scholars interested in apology as an instrument to advance justice, prevent destructive conflict, and promote cooperation. First, an effective apology is likely to occur only after other changes have "softened up" negative attitudes between the groups--referred to here as "ripeness." Second, even with a degree of ripeness, apology is unlikely without a "window of opportunity," a confluence of circumstances that permits the leader to limit the scope of the apology so as not to concede too much. Third, even if these conditions are satisfied, words alone …

Saving Face: The Benefits Of Not Saying I’M Sorry, Brent T. White

Law and Contemporary Problems

White discusses the socio-psychological research that suggests humans invest significant emotional stake in "face"--or their "claimed identity as a competent, intelligent, or moral persons"--and apologize only when they can do so without significant "face threat." Criminal offenders, many of whom are likely to be low on self-determination, may resist apology to victims out of psychological fragility and the psychological need to preserve face rather than lack of remorse. Thus, the criminal-justice system should be cautious about punishing offenders more harshly because they fail to show external remorse--or even when they are openly defiant. This caution should be exercised whether the …

Utep Magazine: The University Of Texas At El Paso, Utep University Communications

UTEP Magazine

Tracking UTEP's Brainstorm

Political Spin: The Department Of Political Science, Political Science Department

The Department of Political Science

Electronic newsletter for the Political Science Department, Spring 2009.

Polygamy's Inscrutable Criminal Mischief, Susan G. Drummond

Osgoode Hall Law Journal

The polygamy charges laid in the settlement of Bountiful, British Columbia, in January 2009, give rise to questions about the particular mischief of the polygamy offence in section 293 of Canada's Criminal Code. This article argues that, as a result of developments within related areas of law, polygamy's mischief under the current wording of the section is virtually inscrutable. When used, this section has principally served as a mechanism to discipline socially and politically marginalized groups. Developments in family law over the last forty years have generated a host of exceptions to the application of the polygamy section, including religious …

The Legal See-Saw: The Rights Of The Sex Offender V. The Perception Of A Safe Community, Brittany E. Kane

Pell Scholars and Senior Theses

The question of how to safely deal with convicted sex offenders upon release from incarceration has been an ongoing hotly-debated topic within American society for decades, with one of the earliest approaches to dealing with these criminals dating back to the 1930s (Petrunik 486). Although it is universally acknowledged that sex crimes are deemed wrong from both the criminal and moral aspect, indecision exists with respect to the constitutionality and effectiveness of current legislation in place for the offenders to maintain rehabilitation and keep neighborhoods safe. Statutes, such as the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration …

New York Law School Magazine, Vol. 28, No. 2, New York Law School

New York Law School Magazine

Features:

From the Courtroom to the Classroom: The Racial Justice Project Defends the Right to Education

Staying Afloat in a Downward Economy: Lessons From Sonnenschein Nath & Rosenthal LLP

New York Law School Achieves Record Bar Pass Rate

Will Quants Rule The (Legal) World?, Edward K. Cheng

Vanderbilt Law School Faculty Publications

Professor Ian Ayres, in his new book, Super Crunchers, details the brave new world of statistical prediction and how it has already begun to affect our lives. For years, academic researchers have known about the considerable and at times surprising advantages of statistical models over the considered judgments of experienced clinicians and experts. Today, these models are emerging all over the landscape. Whether the field is wine, baseball, medicine, or consumer relations, they are vying against traditional experts for control over how we make decisions. For the legal system, the take-home of Ayres's book and the examples he describes is …

Why Every State Should Have An Income Tax (And A Retail Sales Tax, Too), Herwig J. Schlunk

Vanderbilt Law School Faculty Publications

Some states (like Florida and Texas) collect retail sales taxes but no income taxes; one state (Oregon) collects income taxes but no retail sales taxes; most states collect both. This paper examines the decision of a state to collect retail sales taxes, income taxes, or both in light of the state's spending policy and the ability of at least some of the state's residents to strategically migrate to another state (to take advantage of a more favorable mix of taxes and benefits). It concludes that states that rely solely (or even primarily) on either a retail sales tax or an …

Meta-Theory Of International Criminal Procedure: Vindicating The Rule Of Law, Jens David Ohlin

Cornell Law Faculty Publications

International criminal procedure is in a second phase of development, moving beyond the common law/civil law dichotomy and searching for its sui generis theory. The standard line is that international criminal procedure has an instrumental value: it services the general goals of international criminal justice and allows punishment for violations of substantive international criminal law. However, international criminal procedure also has an important and often overlooked intrinsic value not reducible to its instrumental value: it vindicates the Rule of Law. This vindication is performed by adjudicating allegations of criminal violations that occurred during periods of anarchy characterized by the absence …