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2009

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"We're Very Apolitical": Examining The Role Of The International Legal Assistance Expert, Blake K. Puckett Jan 2009

"We're Very Apolitical": Examining The Role Of The International Legal Assistance Expert, Blake K. Puckett

Indiana Journal of Global Legal Studies

International rule of law practitioners are important sources of knowledge transmission in the promotion of global governance. Yet they face significant barriers in their role as bearers of a globalizing legal culture. This article analyzes three of these barriers in the context of rule of law promotion in Central Asia. First, practitioners tend to dismiss the political nature of their work, which local actors then appropriate for their own purposes. Second, this misconception is amplified by the lack of adequate training, experience and continuity among rule of law practitioners. Third, the language barrier and the challenge of translation remain underappreciated. …


Are We All Together? : A Study Of Evacuation And Sheltering Of Public Safety Special Needs Populations In The Commonwealth Of Virginia, Anna M. Mcray Jan 2009

Are We All Together? : A Study Of Evacuation And Sheltering Of Public Safety Special Needs Populations In The Commonwealth Of Virginia, Anna M. Mcray

Master's Theses

Events thousands of miles away from Virginia have led to enhancements of the existing evacuation and emergency sheltering planning, highlighting the need to consider more than traditional special needs populations. Updated state-level plans specifically address the medical needs of evacuation populations. Pets were taken into consideration and inclusion of dogs, cats, and birds in traditional sheltering planning has begun. Planning began to address those with social needs such as low-income families who may not be able to evacuate until the final hours of an active evacuation. It became clear that there were specific populations that had not been included in …


He Speaks Not, Yet He Says Everything; What Of That: Text, Context, And Pretext In State V. Jeffrey Dahmer, Gregory J. O'Meara Jan 2009

He Speaks Not, Yet He Says Everything; What Of That: Text, Context, And Pretext In State V. Jeffrey Dahmer, Gregory J. O'Meara

Denver Law Review

No abstract provided.


Tracing The Steps In A Historic Election, Jeffrey M. Chemerinsky, Kimberly C. Kisabeth Jan 2009

Tracing The Steps In A Historic Election, Jeffrey M. Chemerinsky, Kimberly C. Kisabeth

Denver Law Review

No abstract provided.


Florida Institute Of Technology Catalog 2010-2011, Florida Institute Of Technology Jan 2009

Florida Institute Of Technology Catalog 2010-2011, Florida Institute Of Technology

Florida Institute of Technology Melbourne and Jensen Beach Catalogs, 1967-2015

Academic catalog by Florida Institute of Technology for the 2010-2011 academic year.


A Judicial Philosophy: People-Oriented Justice, Larry V. Starcher Jan 2009

A Judicial Philosophy: People-Oriented Justice, Larry V. Starcher

West Virginia Law Review

No abstract provided.


Responsible Environmental Behavior, Energy Conservation, And Compact Fluorescent Bulbs: You Can Lead A Horse To Water, But Can You Make It Drink?, Hope M. Babcock Jan 2009

Responsible Environmental Behavior, Energy Conservation, And Compact Fluorescent Bulbs: You Can Lead A Horse To Water, But Can You Make It Drink?, Hope M. Babcock

Hofstra Law Review

No abstract provided.


Human Rights, American Exceptionalism, And The Stories We Tell, Natsu Taylor Saito Jan 2009

Human Rights, American Exceptionalism, And The Stories We Tell, Natsu Taylor Saito

Faculty Publications By Year

The Universal Declaration of Human Rights represents a remarkable expansion in the recognition of the fundamental rights of all peoples. Nonetheless, consensus on the implementation of these rights is elusive. Two commonly referenced obstacles to achieving such a consensus are: (1) the United States’ practice of unilaterally exempting itself from international human rights treaties, i.e., American exceptionalism; and (2) resistance from those who see the international human rights movement as a means of imposing Western values on non-Western cultures. Considering these as related issues, both deriving from the Eurocentric nature of contemporary international law, this essay suggests that a truly …


A Call To Action For The Legal Academy, Wendy F. Hensel Jan 2009

A Call To Action For The Legal Academy, Wendy F. Hensel

Faculty Publications By Year

No abstract provided.


Signaling And Plea Bargaining's Innocence Problem, Russell D. Covey Jan 2009

Signaling And Plea Bargaining's Innocence Problem, Russell D. Covey

Faculty Publications By Year

The dominant theoretical model of plea bargaining predicts that, under conditions of full information and rational choice, criminal cases should uniformly be settled through plea bargaining. That prediction holds for innocent and guilty defendants alike. Because it is perfectly rational for innocent defendants to plead guilty, plea bargaining might be said to have an "innocence problem." Plea bargaining's innocence problem is, at bottom, the result of a signaling defect. Innocent defendants lacking verifiable innocence claims are pooled together with guilty defendants who falsely proclaim innocence. As a result, both groups of defendants are treated similarly at trial and in plea …


Something Old, Something New - Something Borrowed, Something Blue, J. Mitchell Pickerill Jan 2009

Something Old, Something New - Something Borrowed, Something Blue, J. Mitchell Pickerill

Santa Clara Law Review

No abstract provided.


New Approach To Overcoming The Insurmountable Watershed Rule Exception To Teague's Collateral Review Killer, A, Ezra D. Landes Jan 2009

New Approach To Overcoming The Insurmountable Watershed Rule Exception To Teague's Collateral Review Killer, A, Ezra D. Landes

Missouri Law Review

This Article will propose a new approach to overcoming the seemingly insurmountable watershed rule exception. While a single case - such as Crawford or Blakely - may not rise to watershed status, this Article will suggest that a line of cases could be considered watershed. 8 It will be shown that the highly subjective nature of this exception lends itself perfectly to this type of reasoning, and that adoption of this approach would help reconcile some inherent conflicts encountered by the Court whenever Teague retroactivity comes before it. Part II of this Article will provide the necessary legal framework, by …


Protecting The Predator Or The Prey - The Missouri Supreme Court's Refusal To Allow Past Sexual Misconduct As Propensity Evidence, William E. Marcantel Jan 2009

Protecting The Predator Or The Prey - The Missouri Supreme Court's Refusal To Allow Past Sexual Misconduct As Propensity Evidence, William E. Marcantel

Missouri Law Review

Americans consider child molestation and sexual assault among the most heinous crimes that one can commit. In response to the public's opinion regarding these crimes, Congress created exceptions to the longstanding rule barring character propensity evidence. Over the protests of prominent lefal figures, Congress enacted Federal Rules of Evidence 413- 415 in 1994. Though these rules have been sustained by several appellate court decisions, the constitutionality of Rules 413-415 has not been conclusively decided by the United States Supreme Court. Missouri's legislature has twice attempted to pass a statute regarding child molestation similar to Federal Rule of Evidence 414, and …


A Literature Review And Analysis Of Prison Offences And Punishments In England And Wales In 2007 By Gender, Catharine Phillips Jan 2009

A Literature Review And Analysis Of Prison Offences And Punishments In England And Wales In 2007 By Gender, Catharine Phillips

Theses : Honours

It is commonly agreed by scholars, members of the criminal justice system and the general public that court imposed sentences at times differ depending on the gender of the offender. However, there has been little empirical research conducted in regards to gender differences related to offending and discipline within prisons. The few published studies have reported contradictory results. Prison discipline is an essential part of upholding the good order and security of prisons along with maintaining the safety of prison staff, visitors, prisoners and the general public. The proposed research will identify any discrepancies between the punishments handed to male …


Against Practice, Anthony V. Alfieri Jan 2009

Against Practice, Anthony V. Alfieri

Articles

No abstract provided.


Green-Lighting Brown: A Cumulative-Process Conception Of Judicial Impact, Vincent J. Strickler Jan 2009

Green-Lighting Brown: A Cumulative-Process Conception Of Judicial Impact, Vincent J. Strickler

Georgia Law Review

Disagreement over the meaning and legacy of Brown v. Board of Education is part of a larger debate about the capacity of the courts to influence social change. A "down with Brown" movement (epitomized by Gerald Rosenberg's Hollow Hope) denies that the iconic case positively changed America. To better understand the real impact of Brown, I examined the demands of sixty-eight related United States Supreme Court cases (particularly the paradigm-shifting 1968 case of Green v. County School Board) and conducted a content study of 414 relevant United States District Court cases (from 1944 through 1974). These studies provide compelling evidence …


Retributive Damages: A Theory Of Punitive Damages As Intermediate Sanction, Dan Markel Jan 2009

Retributive Damages: A Theory Of Punitive Damages As Intermediate Sanction, Dan Markel

Cornell Law Review

No abstract provided.


Taking A Stand On Taking The Stand: The Effect Of A Prior Criminal Record On The Decision To Testify And On Trial Outcomes, Theodore Eisenberg, Valerie P. Hans Jan 2009

Taking A Stand On Taking The Stand: The Effect Of A Prior Criminal Record On The Decision To Testify And On Trial Outcomes, Theodore Eisenberg, Valerie P. Hans

Cornell Law Review

No abstract provided.


Recent Developments: Walker V. State: A Showing On The Record That, Under The Totality Of The Circumstances, The Defendant Had Knowledge Of The Jury Trial Right Satisfies The Requirement Of A Knowing Waiver Of The Right To A Jury Trial, Katrine Bakhtiary Jan 2009

Recent Developments: Walker V. State: A Showing On The Record That, Under The Totality Of The Circumstances, The Defendant Had Knowledge Of The Jury Trial Right Satisfies The Requirement Of A Knowing Waiver Of The Right To A Jury Trial, Katrine Bakhtiary

University of Baltimore Law Forum

No abstract provided.


Modeling Peer Influence And Peer Selection As Processes, Bob Edward Vasquez Jan 2009

Modeling Peer Influence And Peer Selection As Processes, Bob Edward Vasquez

Legacy Theses & Dissertations (2009 - 2024)

Behavioral scientists are aware of the strong and persistent correlation between peer and individual behavior. Evidence suggests selection and socialization effects explain the correlation, but the processes, or the details of the ways in which these effects operate in an empirical model, remain relatively unexamined.


Pleading Guilty For Life : An Exploration Of Plea Bargaining In The Face Of Death, Susan Ehrhard Jan 2009

Pleading Guilty For Life : An Exploration Of Plea Bargaining In The Face Of Death, Susan Ehrhard

Legacy Theses & Dissertations (2009 - 2024)

This dissertation explores decision making and the process of plea bargaining in aggravated murder cases. The study focuses on the extent to which, if any, the death penalty acts as a bargaining tool, inducing guilty pleas to sentences that would otherwise not be accepted, were the death penalty upon conviction at trial not a possibility. The role of the death penalty in this process is an important consideration and one that raises significant implications concerning the human and financial costs of capital punishment. Interviews with prosecutors and defense attorneys in a state where the maximum punishment for murder is death …


Domestic Violence And Faith Communities : An Exploratory Study Examining Beliefs And Experiences Of Jews, Non-Jews, And Rabbis, Amanda Sisselman Jan 2009

Domestic Violence And Faith Communities : An Exploratory Study Examining Beliefs And Experiences Of Jews, Non-Jews, And Rabbis, Amanda Sisselman

Legacy Theses & Dissertations (2009 - 2024)

Purpose and Background: The current study examines the link between beliefs and experiences around domestic violence and religion, seeking to understand more about the ways in which Jews understand and experience domestic violence, while also looking to examine the context of these results in terms of religious comparison. The literature shows a preliminary connection between religion and domestic violence, in that victims have utilized their faith and faith communities as coping resources, but have also reported negative experiences within their religious communities. The literature only alludes to potential connections between beliefs regarding domestic violence and religion. Existing studies use mainly …


Socio-Technical Processes In Interorganizational Emergency Response And Recovery Process At The World Trade Center, Bahadir Akcam Jan 2009

Socio-Technical Processes In Interorganizational Emergency Response And Recovery Process At The World Trade Center, Bahadir Akcam

Legacy Theses & Dissertations (2009 - 2024)

This research explores the socio-technical processes in interorganizational collaboration by extending and elaborating a generic dynamic theory. The existing generic dynamic theory offers dynamic hypotheses about causal relationships between social processes and social accumulations based on a study of interagency information integration initiatives. The current study expands this theory and elaborates upon it using interview dataset from interagency collaboration during the response and recovery process following the World Trade Center (WTC) attack on September 11, 2001. Researchers at the Center for Technology in Government interviewed 29 responders in 2002 and 2003 to explore interagency collaboration in the context of information, …


Infected Justice : The Impact Of Hiv/Aids On The Police In Anglo-Phone Sub-Saharan Africa, Nathan Carl Meehan Jan 2009

Infected Justice : The Impact Of Hiv/Aids On The Police In Anglo-Phone Sub-Saharan Africa, Nathan Carl Meehan

Legacy Theses & Dissertations (2009 - 2024)

Sub-Saharan Africa is an epicenter of the HIV/AIDS epidemic. This disease is affecting nearly every aspect of society in this region. This disease destroys individuals, strains family structures, weakens economies, burdens health systems, and can destabilize entire countries. The police are also being affected by HIV/AIDS. The way in which this disease impacts police organizations in sub-Saharan Africa is understudied. This project sought to estimate the HIV/AIDS impacts on police organizations in Anglo-phone sub-Sahara by utilizing the available literature on how HIV/AIDS affects military, civil service, healthcare, and education organizations in these same countries. It also attempts to identify the …


Treatment Process In Youth Residential Treatment Centers (Rtcs) : The Congruence Of Youth's Treatment Climate Perceptions And Treatment Interventions, And Its Impact On Treatment Outcomes, Yufan Huang Jan 2009

Treatment Process In Youth Residential Treatment Centers (Rtcs) : The Congruence Of Youth's Treatment Climate Perceptions And Treatment Interventions, And Its Impact On Treatment Outcomes, Yufan Huang

Legacy Theses & Dissertations (2009 - 2024)

This dissertation research focuses on clients' perceptions of treatment climate in youth's residential treatment centers (RTCs). It explores how clients perceive the treatment environment differently and the impact of these climate perceptions and the other key treatment process component--the treatment interventions/services, on both in- and post-program treatment outcomes. An important hypothesis of "treatment congruence" is tested, in which treatment is expected to be more effective when these climate perceptions are congruent with treatment interventions/services in their effects on client. Data come from a longitudinal pilot study of 130 youth and families from two RTCs, with detailed measures of their treatment …


Federalism, Intergovernmental Relations And Implementation : A Broad Examination Of The Politics Of Medicaid Disenrollment, Kathleen Marie Dalton Jan 2009

Federalism, Intergovernmental Relations And Implementation : A Broad Examination Of The Politics Of Medicaid Disenrollment, Kathleen Marie Dalton

Legacy Theses & Dissertations (2009 - 2024)

Variation in the Medicaid program has frequently been studied across states, and considered a product of political, fiscal and administrative factors. Few studies have considered variation in Medicaid as a product of federal bureaucratic behavior. This study examines federal variation, and uses federalism, intergovernmental relations and public policy lenses to compare two cases where classes of recipients were being disenrolled from Medicaid, in apparent conflict with federal regulations. In one case, when individuals moved from county-to-county and became disenrolled in Medicaid, the federal bureaucrats used most of the implementation tools at their disposal to try to bring states back into …


The Effects Of Leadership And Authority On Cross-Boundary Information Sharing In Response To Public Health Crises : A Comparative Study Between The United States And Jordan, Fawzi H. Mulki Jan 2009

The Effects Of Leadership And Authority On Cross-Boundary Information Sharing In Response To Public Health Crises : A Comparative Study Between The United States And Jordan, Fawzi H. Mulki

Legacy Theses & Dissertations (2009 - 2024)

Regardless of national context, cross-boundary information sharing is inevitably entangled with issues of jurisdiction, leadership, and authority. This study answers the question: "to what extent do officials in the United States and Jordan share key leadership characteristics and how are officials' uses of authority similar or different?"


Explaining Torture And Its Reduction In A Police Department : A View From Below, Ahmet Guler Jan 2009

Explaining Torture And Its Reduction In A Police Department : A View From Below, Ahmet Guler

Legacy Theses & Dissertations (2009 - 2024)

This is an ethnographic study of police deviance and police reform. This study investigates how organizational members rationalize the torture they perpetuated in the past, how they explain their sensemaking process and organizational identity change during the change process using empirical data from a counterterrorism division of the metropolitan police department (MPD) in a prospective member state of the EU.


Changing The Subject: From Welfare To Poverty To A Living Income, Peter B. Edelman Jan 2009

Changing The Subject: From Welfare To Poverty To A Living Income, Peter B. Edelman

Northwestern Journal of Law & Social Policy

No abstract provided.


New Hope: A Thoughtful And Effective Approach To "Make Work Pay, Greg J. Duncan, Hans Bos, Lisa L. Gennetian, Heather Hill Jan 2009

New Hope: A Thoughtful And Effective Approach To "Make Work Pay, Greg J. Duncan, Hans Bos, Lisa L. Gennetian, Heather Hill

Northwestern Journal of Law & Social Policy

This paper makes the case for a national program offering the kind of work supports that were part of the New Hope program, a policy experiment that operated for three years in Milwaukee, Wisconsin. Our policy, like New Hope, would provide a set of work supports for full-time workers-both parents and nonparents, men and women-that would lift them out of poverty as well as provide essential benefits in the form of health insurance and child-care subsidies for people who needed them. Across all of the people offered the chance to participate in the New Hope program, including single men, work …