Digital Commons Network^™

The Case Against The Case For The Third-Party Doctrine: A Response To Epstein And Kerr, Erin E. Murphy

Faculty Articles

I will start by posing the two major questions at stake: should there be any third-party protection at all, and if so, what should it look like? Since Professor Epstein focused most of his attention on the latter point, I will spend my time more on the former. To answer that general question, I intend to proceed in the following four steps. First, having agreed with Professor Epstein's critiques of Professor Kerr's technological neutrality and ex ante clarity rationales for scrapping third party protection, I will add two critiques of my own. Second, in the spirit of reconciliation, I will …

Gun Control After Heller: Threats And Sideshows From A Social Welfare Perspective, Philip J. Cook, Jens Ludwig, Adam M. Samaha

Faculty Articles

What will happen after District of Columbia v. Heller? We know that five justices on the Supreme Court now oppose comprehensive federal prohibitions on home handgun possession by some class of trustworthy homeowners for the purpose of, and maybe only at the time of, self-defense. Perhaps the justices will push further and apply Heller’s holding to state and local governments via the Fourteenth Amendment. But the majority opinion in Heller offered limited guidance for future cases. It did not follow a purely originalist method of constitutional interpretation, nor did it establish a constraining doctrinal framework for evaluating firearms regulation—although the …

The Economic Roots Of Domestic Violence, Donna Coker

Articles

No abstract provided.

The Racial History Of Juvenile Justice, Geoff K. Ward

Trotter Review

In October 2007, the Boston chapter of the NAACP hosted a roundtable on the Niagara Movement. In honor of the Niagara Movement meeting in Boston in 1907, the NAACP and the Trotter Institute collaborated on a series of events marking the centennial of the gathering Niagara men and women in Boston, the largest of five annual meetings of the Niagara Movement and the first to include women as voting delegates. The roundtable, like the 1907 Niagara Movement meeting, was held in Faneuil Hall. The inclusion of women as full participants in the Niagara Movement speaks to the force and significance …

The Duty To Avoid Wrongful Convictions: A Thought Experiment In The Regulation Of Prosecutors, Fred C. Zacharias, Bruce A. Green

Faculty Scholarship

This Article explores the possible role of the attorney disciplinary process in discouraging prosecutorial conduct that contributes to false convictions. It asks what the impact would be, for better or worse, of disciplining prosecutors for incompetence when they fail to exercise reasonable care to prevent the conviction of the innocent. The inquiry provides a new vehicle for thinking about the nature of the disciplinary process, the work of prosecutors, the challenge of preventing erroneous convictions and, ultimately, the complexities of prosecutorial regulation.

The Article demonstrates that it would be plausible to interpret the attorney competence rule as encompassing prosecutorial negligence …

An End In Itself And A Means To Good Ends: Why Income Equality Is Important, Arthur Macewan

Center for Social Policy Publications

In recent years “poverty reduction” has become the watchword in development agencies, in international lending institutions, and among development economists generally. The focus on poverty reduction reached a high point perhaps with the articulation of the Millennium Development Goals (MDGs) and with the extensive analytic work that has accompanied the MDGs. Yet, much of the discussion of poverty reduction and economic development in low and middle income countries has either ignored the issue of income distribution or has tended to view income distribution only in terms of its impact on economic growth.

Poverty and inequality, however, are intimately bound up …

Circle : A Relationship-Based Dialogic Approach To Growing Out Of Racism : A Project Based Upon An Investigtion With The Partnership For Latino Success, Leominister, Massachusetts, Kristin Elaine Pinto-Wilson

Theses, Dissertations, and Projects

This study was undertaken to discover whether Circle could be used to foster individual and collective transformation regarding issues of racism. The director for the Partnership for Latino Success designed and implemented a dialogue series called "Changing the World by Changing Ourselves" for individuals to engage in a Circle journey about racism in daily life, relationships, and the community. The dialogues focused on microaggressions, relearning relationships and engaging in meaningful collaborations, and removing shame and blame from social change efforts. This researcher engaged in the dialogue series as a participant/observer and interviewed eight individuals who participated in at least two …

Ethically Representing A Lying Cooperator: Disclosure As The Nuclear Deterrent, Bruce A. Green

Faculty Scholarship

No abstract provided.

Values And Value Creation In Public-Private Transactions , Nestor M. Davidson

Faculty Scholarship

Scholars have developed a significant body of literature exploring the work of deal lawyers with the essential insight that attorneys acting as transaction-cost engineers have unique potential to add to the overall value of deals. This value-creation literature has traditionally made two foundational assumptions about the role of the state in transactional law. First, scholars have assumed that regulation is essentially irrelevant to transacting-that from the deal lawyer's perspective, the government is a factor only to the extent that the state will enforce private agreements. Second, scholars have assumed that private parties uniformly view public policy as a constraint in …

Dialogues Between Feminists And Jacques Lacan On Female Hysteria And Femininity, Katerina Catherine Daniel

Electronic Theses and Dissertations

This theoretical dissertation aims to initiate a dialogue between Lacan and Irigaray, Butler, and poststructuralist Anglophone feminists on the relationship between hysteria and femininity. The very existence of hysteria has been called into question by the majority of Anglophone feminists, who have criticized its diagnostic proliferation, claiming that it has negative implications for social change and has played a central part in women's oppression. The Anglophone feminist tradition views Lacanian psychoanalytic theories of sexuation and hysteria with a critical eye, arguing that Lacan's oeuvre is another version of patriarchal discourse, another reductionistic paradigm of female suffering, and another essentialist scheme …

Discrepant Comorbidity Between Minority And White Suicides: A National Multiple Cause-Of-Death Analysis, Ian Rh Rockett, Yinjuan Lian, Steven Stack, Alan M. Ducatman, Shuhui Wang

Wayne State University Associated BioMed Central Scholarship

Abstract

Background

Clinician training deficits and a low and declining autopsy rate adversely impact the quality of death certificates in the United States. Self-report and records data for the general population indicate that proximate mental and physical health of minority suicides was at least as poor as that of white suicides.

Methods

This cross-sectional mortality study uses data from Multiple Cause-of-Death (MCOD) public use files for 1999–2003 to describe and evaluate comorbidity among black, Hispanic, and white suicides. Unintentional injury decedents are the referent for multivariate analyses.

Results

One or more mentions of comorbid psychopathology are documented on the death …

The Unjust Selection Of Justice Professionals: Balancing Fairness For Police Officer Applicants And The Potential Citizens They Will Serve, Robert W. Boyle

Master's Theses

This paper examines the effects on the community when its police officers are held to different physical standards based upon their sex. Through a Platonic analysis of the modern day "guardians of the city," it can be seen that the community is deprived of the strongest and best police force when the department compensates individuals based upon a "weakness" that thier class of applicants possesses. This process proves to be unfair to both the applicants and to the citizens they may subsequently serve.

Are State Constitutions Un-American?, Justin R. Long

Law Faculty Research Publications

No abstract provided.

Campus Violence: Understanding The Extraordinary Through The Ordinary, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Neuropsychological Deficits In Adolescents With Psychopathic Characteristics: Callous And Unemotional Symptoms, Tara Greene

Electronic Theses and Dissertations

The most consistent neuropsychology literature in psychopathy is dysfunction in selective attention (Blair et al., 2006; Hiatt et al., 2004; Kosson, 1998; LaPierre et al., 1995; Pham et al., 2003; Roussy & Toupin, 2002; Sellbom & Verona 2007; Vitale et al., 2007). The following areas have been profiled in the literature, but have shown mixed results: sustained attention (Gorstein, 1982; Kosson, 1998; Pham et al., 2003), shifting attention (Gorstein, 1982; Kosson, 1998), verbal ability (Mayer et al., 2006; Raine et al., 1990), planning and cognitive shifting (Mahmut et al., 2008; Pham et al., 2003; Roussey & Toupin, 2000; Sreenivasan et …

Roses That Grew From The Concrete: A Critical Investigation Of The Intersection Of Race And Gender On The Lived Experiences Of African American Male Senior Student Affairs Officers At Predominately White Institutions, Rahmon S. Hart

Electronic Theses and Dissertations

Despite past efforts to address the racial disparities that exist in the higher education workforce, African American male Senior Student Affairs Officers (SSAOs) are dramatically underrepresented at predominately White institutions of higher education (PWIs). The lived experiences of this unique group of African Americans have been ignored in the empirical literature. The main research question that guided this study was the following: How does the intersection of race and gender influence the experiences of African American male SSAOs at PWIs? A particular focus of this research was to gain a better understanding of how African American male SSAOs experience and …

From Forfeited Agency To Communities Of Hope: Reinventing Ethos Through Narratives Of Remembering And Forgetting, Linda Janus

Electronic Theses and Dissertations

If an offender's credibility is the first and last victim of an offense, by what communication processes may credibility be recovered by the offender, and with what responsibility from the victim to the process? What responsibilities do other stakeholders have to the offender in defense of the common narrative? Based on phenomenological reflection for stakeholder ethics that requires a quadraic dialogue framed in the topics of harms and rights, but also the reluctant testimony of benefits and responsibilities credited to the offense, each stakeholder in the event becomes culpable to it, responsibility not necessarily for the prologue to violence, but …

Employability Skill Acquisition Of Career And Technical Education Students, Michele Marie Orner

Electronic Theses and Dissertations

The purpose of this study was to describe and compare the acquisition of employability skills of Cooperative Education students participating in an employability skills training program with those students who chose not to participate in Cooperative Education at the Franklin County Career and Technology Center in Chambersburg, Pennsylvania. Additionally, the study described the factors that affected employability skill acquisition, specifically gender, career major, grade point average, and post graduation plans. Employer and student perceptions of acquisition of employability skills were also described. While a considerable amount of information has been written about workplace skills that warrant employability success, little has …

The Relationship Between Spirituality And Authentic Leadership Behaviors Of Public School Superintendents, Allen M. Sell

Electronic Theses and Dissertations

As leaders try to affect change and success in organizations the need to consider spirituality in leadership is clear. The increased need for strong leaders in public schools to meet increased accountability to the tax payer has led to extensive research into the variables that contribute to excellent leadership. This assertion may be especially interesting when considering the role of spirituality in public school leadership. This study proposed to identify a relationship between self perceived spirituality and both self and subordinate perceived authentic leadership behaviors in public school leaders.

Thirty superintendents in Western and Central Pennsylvania were given the Spiritual-Well-Being …

The Occurrence Of Maltreatment And Depression Among Adjudicated Adolescent Sexual Offenders With High Functioning Autism Or Asperger's Disorder, Jessica Bleil Walters

Electronic Theses and Dissertations

The following study examined the presence and severity of abuse and/or neglect and the occurrence of depressive symptomatology among adolescents with High Functioning Autism (HFA) or Asperger's Disorder (AD) compared to adolescents without HFA/AD who are adjudicated delinquent due to sexual offense and attend a State Residential Sexual Offender Program. The scores of 23 adolescent sexual offenders diagnosed with either HFA or AD were compared to 15 non-HFA/AD adolescent sexual offenders on the Childhood Trauma Questionnaire (CTQ) as well as the Beck Depression Inventory - Second Edition (BDI-II). An investigation of whether there is a relationship between the severity of …

A Picture Is Worth A Thousand Words: The Effect Of Spectators' Display Of Victim Photographs During A Criminal Jury Trial On A Criminal Defendant's Fair Trial Rights, Elizabeth Lyon

UC Law Constitutional Quarterly

Spectators at criminal jury trials have displayed photographs of a deceased victim inside the courtroom on items such as on buttons, T-shirts, or collages. Courts have recognized that these photographs simply function as grief occasioned by the loss of a victim. Consequently, courts have allowed photographs inside the courtroom, like many other emotional expressions of spectators that are permissible.

This Note argues that victim photographs in the courtroom go beyond an ordinary showing of emotion, serving to elicit sympathy from jurors and calling on them to vindicate the victim's loss. For these reasons, such photographs violate a criminal defendant's constitutional …

Graduate Catalog And Student Handbook 2009-2010, Nova Southeastern University

Abraham S. Fischler College of Education and School of Criminal Justice Graduate Course Catalogs

No abstract provided.

Rethinking The Connection Between Developmental Science And Juvenile Justice (Reviewing Rethinking Juvenile Justice By Elizabeth S. Scott, Laurence Steinberg), Emily Buss

University of Chicago Law Review

No abstract provided.

Beyond Duluth: A Broad Spectrum Of Treatment For A Broad Spectrum Domestic Violence, Johnna Rizza

Montana Law Review

Beyond Duluth

Sticks And Stones, The Words That Hurt: Entrenched Stereotypes Eight Years After 9/11, Sahar F. Aziz

Faculty Scholarship

Notwithstanding the passage of eight years, "post-9/11 discrimination" persists, most profoundly in the workplace. While the volume of cases has seemingly decreased, negative stereotypes of Muslims and Arabs have become entrenched into popular culture and consequently more prevalent in the workplace. One need only recall the 2008 presidential elections where allegations that Barack Obama was a Muslim or Arab were in effect racial slurs and ethnic epithets. Months after Barack Obama's inauguration, anti-Muslim sentiment continues in the form of the growing "Birther" movement challenging the validity of President Obama's Hawaiian birth certificate, and ultimately the legitimacy of his presidency, on …

Republicanism And Crime, Richard Dagger

Political Science Faculty Publications

These are but two of the difficult questions that arise when one examines the claim that crime is a public wrong. I take it, though, that their difficulty is an indication of the importance of thinking through the presuppositions and implications of this conception of crime, not a reason to abandon it. A thorough 'thinking through' is too large and complex a task for this chapter, but it is possible to make a case here for the right way to proceed with such an undertaking. That right way, in my view, is to look to the republican tradition of political …

Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja B. Starr

Articles

Current remedies for prosecutorial misconduct, such as reversal of conviction or dismissal of charges, are rarely granted by courts and thus do not deter prosecutors effectively. Further, such all-or-nothing remedial schemes are often problematic from corrective and expressive perspectives, especially when misconduct has not affected the trial verdict. When granted, these remedies produce windfalls to guilty defendants and provoke public resentment, undermining their expressive value in condemning misconduct. To avoid these windfalls, courts refuse to grant any remedy at all, either refusing to recognize violations or deeming them harmless. This often leaves significant non-conviction-related harms unremedied and egregious prosecutorial misconduct …

The Federal Courts As A Franchise: Rethinking The Justifications For Federal Question Jurisdiction, Gil Seinfeld

Articles

The components of the Federal Franchise model-procedural homogeneity, cultural conformity, and technical competence-should be familiar. The federal courts' capacity to provide these benefits has not escaped commentators' notice; indeed, there are points of connection between these features of federal court adjudication and the individual fragments of the conventional account.l0 But prior scholarly discussion of these themes has been unsystematic, treating them as (at best) secondary considerations when it comes to the allocation of federal question cases between the state and federal courts. This Article attempts to weave together these previously disconnected strands of thinking about federal court adjudication and to …

Getting Real About Race And Prisoner Rights, Michael B. Mushlin, Naomi Roslyn Galtz

Fordham Urban Law Journal

This Article explores the connection between the dramatic increases in the incarceration of non-whites and the parallel decline in the legal protections for prisoners over the same period. Using the social sciences, the Article suggests that racial tensions play a role in the decisions made by both guards and prison administrators. Further, the authors argue that the communities of these non-white prisoners are the least well equipped to advocate for their well-being. Ultimately, the Article concludes that the law is not currently equipped to confront the possibility of dealing with race-based tensions and structural inequities that are present in the …

Eighth Amedment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory?, Alexander A. Reinert

Fordham Urban Law Journal

This Article focuses on two separate issues deriving from the Eighth Amendment's "cruel and unusual punishment" clause. Specifically, it discusses classic conditions of confinement litigation and sentencing proportionality litigation. Confinement litigation includes cases challenging the lived experiences of prisoners such as overcrowding, excessive force, failure to provide adequate medical care, and deprivation of material needs. Sentencing proportionality litigation involves challenges to the length of a prison sentence or mode of punishment. The Article, unlike modern contemporary scholarship, attempts to draw connections between each doctrinal area, ultimately suggesting ways in which proportionality litigation can invigorate conditions litigation. Part I consists of …