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Sociology (Soci), Montclair State University

Course Descriptions

No abstract provided.

His Brain Has Been Mismanaged With Great Skill: How Will Jurors Respond To Neuroimaging Testimony In Insanity Defense Cases, Michael L. Perlin

Articles & Chapters

The robust debate over neuroimaging has highlighted a series of law-and-policy questions dealing primarily with reliability, admissibility and availability. When we consider the topic that I will be addressing in this paper - the impact of this evidence on juror decision-making in insanity defense cases - we need to recalibrate our focus so as to incorporate other questions that are as essential (most likely, more essential) to the resolution of the underlying dilemma: (1) to what extent will such evidence - apparently, less inherently easy to falsify - have on jurors whose inherent suspicion of mental state opinion testimony is …

Sex And Slavery: An Analysis Of Three Models Of State Human Trafficking Legislation, Melynda Barnhart

Articles & Chapters

No abstract provided.

It’S Doom Alone That Counts: Can International Human Rights Law Be An Effective Source Of Rights In Correctional Conditions Litigation?, Michael L. Perlin, Henry A. Dlugacz

Articles & Chapters

Over the past three decades, the US judiciary has grown increasingly less receptive to claims by convicted felons about the conditions of their confinement while in prison. Although courts have not articulated a return to the 'hands off' policy of the 1950s, it is clear that it has become significantly more difficult for prisoners to prevail in constitutional correctional litigation. The passage and aggressive implementation ofthe Prison Litigation Reform Act has been a powerful disincentive to such litigation in many areas ofprisoners' rights law.

From the perspective of the prisoner, the legal landscape is more hopeful in matters that relate …

Self-Representation In The International Arena: Removing A False Right Of Spectacle, Eugene Cerruti

Articles & Chapters

Recent historical scholarship has demonstrated that the practice of self-representation at common law was developed and promoted not to secure a valued right to the accused but rather to compromise the defendant’s ability to present an effective defense - by denying him an effective right to be represented by counsel. The Supreme Court in Faretta v. California stood this history on its head in order to read into the Sixth Amendment an implied right to self-representation equal to the now preeminent right to counsel. The Faretta doctrine was carelessly adopted yet has been resolutely defended by the Supreme Court, to …

American Exceptionalism, The War On Terror, And The Rule Of Law In The Islamic World American Exceptionalism - The Federalist Society National Lawyers Convention - 2007 Iii. American Exceptionalism, The War On Terror, And The Rule Of Law In The Islamic World, Nadine Strossen

Articles & Chapters

No abstract provided.

Self-Representation In The International Arena: Removing A False Right Of Spectacle, Eugene Cerruti

Articles & Chapters

Recent historical scholarship has demonstrated that the practice of self-representation at common law was developed and promoted not to secure a valued right to the accused but rather to compromise the defendant’s ability to present an effective defense - by denying him an effective right to be represented by counsel. The Supreme Court in Faretta v. California stood this history on its head in order to read into the Sixth Amendment an implied right to self-representation equal to the now preeminent right to counsel. The Faretta doctrine was carelessly adopted yet has been resolutely defended by the Supreme Court, to …

Saving Money For Everyone: The Current Economic Crisis Is An Opportunity To Get Serious About Improving Juror Utilization, Paula Hannaford-Agor

Faculty Publications

The current economic crisis provides an opportunity for courts to improve juror utilization, potentially saving tens of thousands of dollars per year in unnecessary expenses incurred for unused jurors and hundreds of thousands of dollars in lost income and lost productivity incurred by jurors, their employers, and their communities.

Proportional Deportation, Angela M. Banks

Faculty Publications

No abstract provided.

Introduction: Unsettling Questions, Disquieting Stories, Mae Kuykendall, David A. Westbrook

Journal Articles

The Business Law and Narrative Symposium, held at Michigan State University on September 10-11, 2009, brought together nationally known legal scholars, and scholars from other disciplines, to discuss whether and how the institution of the corporation was embedded in social narratives, public stories. This introductory essay reviews the responses of these scholars to the thesis of Kuykendall's article, No Imagination: The Marginal Role of Narrative in Corporate Law. The authors conclude with a hope that corporate law might offer a more literary sensibility by which to make our lives in global capitalism more comprehensible.

Understanding The Nd Parole Violator, Josh Bearfield

Theses and Dissertations

No abstract provided.

Bad Medicine: On Disciplining Physician Felons, Milton Heumann, Brian Pinaire, Simon Burger

Cardozo Journal of Conflict Resolution

Perhaps it is the white coat or the degrees encased and mounted on the wall. Perhaps it is the Hippocratic Oath that new physicians recite and that established physicians have putatively internalized over time, or perhaps it is the title, "Doctor," which conjures up images of a stethoscope, a black bag, house calls, nurture, and trust. When we are sick, we head to the doctor. Young children are urged to become doctors. When we watch television or go to the movies doctors are, with certain recent exceptions, portrayed in a positive light as compared to lawyers or politicians. In this …

Yada, Yada, Yada: Seinfeld, The Law And Mediation, Paul Devendorf

Cardozo Journal of Conflict Resolution

This Note will first explore the popularity of Seinfeld and discuss the influence of Seinfeld on legal culture. Part III details cultivation theory and explores the possible influences Seinfeld may have in shaping its viewers' impressions of formal law. Specific instances in-which Seinfeld has ridiculed formal legal practices and offered social criticisms of the legal profession are analyzed in Part IV. Part V describes a specific episode of Seinfeld and illustrates the consequences of parties' refusal to reach mutually satisfactory resolutions, the need for mediation to resolve highly contentious disputes, and the inadequacy of the legal system to provide an …

Temkin & Krahe, Sexual Assault And The Justice Gap: A Question Of Attitude, Elisabeth Mcdonald

Pace Law Review

No abstract provided.

An Exploratory Study Of The Seniority Rights Culture Within Several Mid-Sized Michigan Police Departments, Michael E. Walleman

All NMU Master's Theses

No abstract provided.

The Social Goals Of Boys With Adhd: Effect Of Task Variables And Their Relationship With Peer Status, Michal Mayo-Dvir

Theses and Dissertations

Peer rejection is a core difficulty experienced by children with attention deficit hyperactivity disorder (ADHD) that is associated with both concurrent and long-term maladjustment. The social goals endorsed by children with ADHD, have been proposed as being among the factors contributing to their relational difficulties. Although previous investigations have examined the social goals selected by ADHD-diagnosed children and their relationship to social status, no studies to date have examined the impact of task variables on the social goals they select or whether the relationship between their social goals and sociometric status is task dependent. This archival study compared the social …

Crossing The Threshold: What Motivates Individuals Who Are Actively Abusing Substances To Enter Treatment?, Katherine Michelle Peavy

Graduate Student Theses, Dissertations, & Professional Papers

Although there is an abundance of research in the area of substance abuse, much of it samples people who are already enrolled in treatment. The treatment seeking population may differ from people who are actively using substances. One aim of this study is to describe a sample of individuals who have not sought out treatment, but still actively use substances. Specifically, the investigators assessed 51 county detention facility inmates recently arrested on drug- or alcohol-related charges, examining the factors that both inhibit and promote treatment seeking. We hypothesized that motivation levels for seeking treatment would differ based on several factors: …

Through Their Eyes, Melissa Fleming

Language Arts Journal of Michigan

No abstract provided.

Law Enforcement Preferences For Ptsd Treatment And Crisis Management Alternatives, Carolyn Becker, Glenn Meyer, J. S. Price, M. M. Graham, Ashley Arsena, D. A. Armstrong, Elizabeth Ramon

Psychology Faculty Research

Evidence-based treatments (EBT) for posttraumatic stress disorder (PTSD) remain underutilized. Analog research, however, indicates that patients may be more amenable to receiving EBT for PTSD than utilization rates suggest. This study sought to extend previous studies by investigating PTSD treatment preferences among law enforcement individuals (i.e., active duty officers, cadets, criminal justice students). We asked 379 participants, with varying trauma histories, to read a police traumatic event and imagine they had developed PTSD. Participants rated the credibility of six treatment options which they might encounter in a treatment setting, and chose their most and least preferred treatments. Next, they evaluated …

Gerry Spence Was My Third Grade Teacher, Dana Cole

Akron Law Faculty Publications

The author challenges the "trial lawyer is warrior" metaphor and suggests that the "trial lawyer is teacher" metaphor is more useful and productive.

Reforming Eyewitness Identification Law And Practices To Protect The Innocent, Margery Koosed

Akron Law Faculty Publications

This article discusses varying eyewitness identification reform proposals that may help to finally achieve a greater level of reliability in this critical phase of the criminal justice process. The author concludes a comprehensive reform that includes tightening exclusionary rules, along with (minimally) corroboration requirements for death-sentencing, and more appropriately, for convictions in capital and non-capital cases, with a concomitant loosening of standards for relief on appeal, hold the most promise.

The article addresses adopting best practices; assuring compliance by means of exclusion; admitting expert testimony and educating juries; instructing on the vagaries of eyewitness identification; requiring corroboration with independent and …

Where Are The Victims? The Credibility Gap In Human Trafficking Research, Johnny E. Mcgaha, Amanda Evans

Intercultural Human Rights Law Review

Nothing drives the passion and stirs the emotion, especially in the U.S., more than the horrendous stories of modem-day human slavery. Whether sexual, domestic, or labor, the terror and horror that human trafficking victims have endured defies the scope of our sensitivities. Most who work in human service fields have heard many stories of these survivors. The dedication of the practitioners and law enforcement officers who are involved in the apprehending and prosecution of offenders, and advocate for victims in these very complex cases, is evident in this symposium alone. As a nation, the stain of slavery has tarnished the …

The Legal Nature Of Trafficking In Human Beings, Ryszard Piotrowicz

Intercultural Human Rights Law Review

It is incorrect to say that people trafficking is a breach of human rights for the same reason that it is incorrect to say that 2+2=5: because it is wrong and there is an inherent good in getting things right. This article assesses what, legally, is actually happening when trafficking in human beings (THB) takes place, and considers the practical ramifications arising from that assessment. What actually is THB? The most widely accepted definition is contained in the Palermo Protocol (the Protocol) to the United Nations Convention on Transnational Organised Crime (UNCTOC), which entered into force in December 2003. Article …

Illegal Immigration And Worldview Defense: Distaste For Human Migration In The Context Of Tmt, John Matthew Bergen

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study examines the impact of mortality salience on opinions about illegal immigrants. Participants were asked to write about their own death or a control subject and then presented with scenarios of illegal immigration to the United States. The scenarios included a defendant who was either of Latin American or European origin and had or had not learned to speak English. However, the European condition had to be dropped due to unreliable identification of the origin of the European defendant. The results indicate that mortality salience caused an increase in the preference for deportation of an illegal immigrant who was …

Race Stereotypic Crimes And Juror Decision Making: Hispanic, Black, And White Defendants, Joseph Francis Boetcher

UNLV Theses, Dissertations, Professional Papers, and Capstones

A race stereotypic crime is a crime that most people tend to associate with a certain race. This is a type of racial bias that affects juror decision making by undermining the presumption of innocence and lowering the prosecution's burden of proof. Two studies investigated race stereotypic crimes. Study 1 used a new scale to identify race stereotypic crimes for black, Hispanic, and white males. Study 2 used a mock juror paradigm with a realistic stimulus and sensitive measures to focus on the influence of this type of bias on mock juror decision making. Study 1: Participants were 143 undergraduate …

Restorative Justice In Traditional Pre-Colonial 'Criminal Justice Systems' In Kenya, Sarah Kinyanjui

Tribal Law Journal

Traditional African communities are often said to have embraced restorative values in resolving conflicts and responding to wrongdoing. Through empirical research and analysis of secondary data on the pre-colonial traditional Kamba, Kikuyu and Meru communities in Kenya, this article illustrates how penal practices in these communities embraced restorative justice as understood today. This genealogy of restorative justice in these communities demonstrates the potential of restorative justice as an intervention in crime and its role in meeting overall community goals. By doing so, the genealogy challenges the objectification of retributive justice in modern criminal justice systems, which renders retributive practices as …

Australian Aboriginality And Sociobiology, Allan Ardill

Tribal Law Journal

“It has been argued elsewhere that the colonization, dispossession, and oppression of indigenous Australians have a close nexus with biological determinism, scientific racism, and the ideology known as sociobiology. In the United States similar arguments are made concerning the historic maltreatment meted out to African Americans. In Australia, the concern is with the continuing colonial control over the identity of Australian Aboriginal people.” In his essay Dr. Ardill explores indigenous Australian identity and its “reciprocal relationship with health, education, poverty, (loss of) language, native title, sovereignty and self-determination.” He argues “that the legal reasoning underpinning colonial control over Aboriginal identity …

The Politics Of The Real: Jazz, Hip Hop, And Satire - Conceptions Of Consciousness In The Twentieth Century African American Novel, Peter Thomas Clavin

Graduate Student Theses, Dissertations, & Professional Papers

In the African American experience of the twentieth century, cultural modes of expression became the primary outlet for a politics of resistance, a politics of fulfillment, and a politics of transfiguration within the context of a modem Western nation-state that marginalized and discriminated against the African American subject through ideology and cultural hegemony. This collective African American experience is one based on a reality of life-threatening racial violence that has plagued African Americans from the earliest days of the New Republic.

Combatants And The Combat Zone, Mary Ellen O'Connell

Journal Articles

This short essay discusses that definition as it emerged following September 11, 2001. The essay compares the Administration's definition with the definition of combatant found in international law. This essay will not discuss in any detail the additional-and even more questionable-claim by the Administration that certain persons designated "enemy combatants" enjoy neither U.S. nor international human rights or IHL rights or protections.8 Suffice it to say that no human being can be denied his or her fundamental rights-there are no legal black holes.

The Idea Of Pollution, John Copeland Nagle

Journal Articles

Pollution is the primary target of environmental law. During the past forty years, hundreds of federal and state statutes, administrative regulations, and international treaties have established multiple approaches to addressing pollution of the air, water, and land. Yet the law still struggles to identify precisely what constitutes pollution, how much of it is tolerable, and what we should do about it.

But environmental pollution is hardly the only type of pollution. Historically, the idea of pollution referred to a host of effects upon human environments. This remains evident in contemporary anthropological literature, which studies the pollution beliefs of cultures throughout …