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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 …

Taking Strickland Claims Seriously, Stephen F. Smith

Journal Articles

Every criminal defendant is promised the right to the effective assistance of counsel. Whether at trial or first appeal of right, due process is violated when attorney negligence undermines the fairness and reliability of judicial proceedings. That, at least, is the black-letter law articulated in Strickland v. Washington, 466 U.S. 688 (1984). In practice, however, the right to effective representation has meant surprisingly little over the last two decades. Under the standards that emerged from Strickland, scores of defendants have received prison or death sentences by virtue of serious unprofessional errors committed by their attorneys.

This Essay canvasses a line …

Book Review: Rethinking Juvenile Justice, By Elizabeth S. Scott And Laurence Steinberg, Glenn M. Stuart

Osgoode Hall Law Journal

No abstract provided.

Tributes To Dean Karen H. Rothenberg, Martin J. O'Malley, Benjamin L. Cardin, Robert M. Bell, Andre M. Davis

Maryland Law Review

No abstract provided.

How Should We Study District Judge Decision-Making?, Pauline Kim, Margo Schlanger, Christina L. Boyd, Andrew D. Martin

Scholarship@WashULaw

Understanding judicial decision-making requires attention to the specific institutional settings in which judges operate. Yet much of the existing empirical work on federal district courts has failed to take account of the setting in which those judges operate. Too often, empirical studies of the district courts rely on an implicit assumption that judging at the trial court level is fundamentally the same as judging at the appellate level. We argue that this approach is misguided, because the nature of district judges’ work is substantially different from that of appellate judges. For example, unlike in the typical appellate case, a district …

A Primer On North Carolina And Federal Use Of Force Law: Trends In Fourth Amendment Doctrine, Qualified Immunity, And State Law Issues, J. Michael Mcguinness

Campbell Law Review

This Article analyzes recent trends and updates the status of use of force law under North Carolina and federal standards.

Why Affirmative Action Remains Essential In The Age Of Obama, Reginald T. Shuford

Campbell Law Review

No abstract provided.

Arresting Development: A Call For North Carolina To Expand Its Forensic Database By Collecting Dna From Felony Arrestees, John Maddux

Campbell Law Review

For nearly twenty years, state and federal law enforcement agencies have turned to DNA databases as a means of identifying offenders, generating leads in cold cases, and on occasion, exonerating the innocent. Naturally, the larger the database, the more likely it is that a new DNA profile entered into the system will generate a match. Currently, fifty states maintain DNA databases, and of those, forty-seven-including North Carolina-collect and store DNA profiles from all persons convicted of any felony offense. Statutes requiring the collection of DNA profiles from convicts are a positive step toward improving the database tools; however, by only …

No Future Without (Personal) Forgiveness: Reexamining The Role Of Forgiveness In Transitional Justice, John D. Inazu

Scholarship@WashULaw

The role of forgiveness has been much discussed in the literature on transitional justice, but a basic point has been muddled: most acts of forgiveness are inherently personal and cannot be achieved by state actors alone. What I call personal forgiveness is extended by a single human victim who has been harmed by a wrongdoer. Personal forgiveness is distinguishable from three other forms of forgiveness: group forgiveness, legal forgiveness (a form of group forgiveness), and political forgiveness. In the context of transitional justice, I argue that: (1) personal forgiveness is a necessary condition for political forgiveness; (2) group forgiveness (including …

The Effect Of Nepa Outside The Courtroom, Michael B. Gerrard

Faculty Scholarship

The central purpose of the National Environmental Policy Act (NEPA) is not to produce gorgeous or perfect documents; that’s a means to an end. The ultimate purpose is to improve governmental decisionmaking by making relevant information available to officials and by ensuring that everyone affected by the decisions is given a voice. I would like to focus on the effect of NEPA on decisions.

I will discuss three issues.

First, I will talk about the effect that NEPA has had on internal decisionmaking by agencies.

Second, since NEPA attempts to focus decisionmakers on predictions of future environmental conditions with or …

Pretreatment Client Characteristics And Treatment Retention In An Intensive Outpatient Substance Abuse Treatment Program, Shauna Elizabeth Fuller

Dissertations (1934 -)

The effectiveness and efficacy of substance abuse treatment is well established. At the same time, clients often prematurely drop out of substance abuse treatment, negatively impacting their chances of achieving favorable outcomes. Investigating variables associated with treatment retention has become increasingly important considering one of the most robust findings in substance abuse treatment outcome research is the positive relationship between the amount of time spent in treatment and post-treatment outcomes (e.g., decreased drug/alcohol use, decreased criminal activity, improved social functioning). This study examined the relationship between pre-treatment client characteristics and treatment drop-out among 273 adults who were admitted to intensive …

A Window Into Their Lives: The Women Of The Faubourg Saint-Antoine, 1725-1765, Julie Elizabeth Leonard

Dissertations (1934 -)

This study is an examination of laboring class women of Paris during the early eighteenth century. These women did not leave written records of their lives, so information about them comes from legal and judicial records, specifically the papers of the commissaires de police and the records of criminal cases that went before the Châtelet, one of the royal courts of Paris. By examining the challenges and conflicts that individual women faced, we can better understand how laboring-class women of eighteenth-century Paris successfully navigated the legal and customary restrictions that were part of the patriarchal system under which they lived. …

Client Characteristics And Treatment Retention In An Outpatient Drug-Free Chemical Dependency Program, Jessica A. Thull

Dissertations (1934 -)

Substance abuse and dependence have detrimental effects at both micro and macro societal levels. Even so, these disorders appear to be amenable to treatment and persons who receive treatment for such problems generally achieve positive outcomes. However, reported substance abuse treatment dropout rates have varied greatly and no consistent "treatment dropout" profile has been detected. This study aimed to describe the characteristics of clients entering an intensive outpatient chemical dependency treatment program and to examine how these variables differed between clients who were retained in treatment to completion and clients who dropped out of treatment prematurely. Additionally, it explored whether …

Clara Shortridge Foltz Professorship: Barbara J. Cox, Barbara J. Cox, Scott B. Ehrlich, Introduction

California Western International Law Journal

No abstract provided.

The Jurisdictional Entrapment Defense: An Analytic Framework For Claims Of Manufactured Jurisdiction In Child Exploitation Prosecutions, Leonid Feller

Kentucky Law Journal

No abstract provided.

The Undiscovered Country: Execution Competency & Comprehending Death, Jeffrey L. Kirchmeier

Kentucky Law Journal

No abstract provided.

Western Europe: Last Holdout In The Worldwide Acceptance Of Clinical Legal Education, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

Clinical legal education has achieved widespread acceptance throughout the world, growing by leaps and bounds during recent decades in countries like Russia and China, and expanding rapidly in other areas of Eastern Europe, Latin America and Africa. It is, arguably, the most significant innovation in legal education since the “invention” of the Socratic-case method in the United States, at the turn of the 20th Century. There is, however, one geographic area where the philosophy and methodology of clinical legal education has been resisted. That area is Continental Western Europe (the UK has some clinics, though not widespread). This article examines …

Identity, Oppression, And Group Rights, Andrew Jared Pierce

Dissertations

The dissertation argues for a conception of group rights based on Habermasian discourse theory, as an alternative to the dominant multicultural liberal approach to group rights, which treats group rights as instrumental to individual rights.

The Naacp In Film: Three Documentaries From California Newsreel, Marne Campbell

African American Studies Faculty Works

No abstract provided.

Avoiding The "Secret Sentence": A Model For Ensuring That New Jersey Criminal Defendants Are Advised About Immigration Consequences Before Entering Guilty Pleas, Joanne Gottesman

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Challenging An Execution After Prolonged Confinement On Death Row [Lackey Revisited], Erin Simmons

Case Western Reserve Law Review

No abstract provided.

Violence Against Men In New Hampshire, Grace Mattern, David Laflamme, Sharyn J. Potter, Mary M. Moynihan

Peer-Reviewed and Other Publications

No abstract provided.

Beyond Balls And Strikes: Towards A Problem-Solving Ethic In Foreclosure Proceedings, Raymond H. Brescia

Case Western Reserve Law Review

No abstract provided.

The Influence Of Diagnostic Labels, Gender, And Ethnicity On Teacher Perceptions, Expectancies, And Attributions: A Consideration Of Closure, Acceptance, And Stigmatization, Deanna Rae Voisine

Open Access Dissertations

The present study sought to determine the impact of diagnostic labels, gender, and ethnicity on teachers' perceptions, expectancies, and attributions. Following a pilot study to determine if the measure had adequate reliability, approximately 3630 instructional letters were distributed to 65 schools in Rhode Island, Connecticut, and Massachusetts. The Teacher Attitude and Attribution Scale (TAAS; Voisine, 2008), a 42 item questionnaire, measured teachers' perceptions, expectancies, and attributions (for parent/family factors, student factors, and teacher/school factors) for a hypothetical student. Vignettes at the start of the questionnaire detailed the student's behavioral problems and had the student's gender (male/female), ethnicity (Hispanic/Caucasian), and diagnostic …

A Case For A Constitutional Right To Counsel In Habeas Corpus, Emily Garcia Uhrig

McGeorge School of Law Scholarly Articles

No abstract provided.

Strategies To Increase The Availability Of Skills Education In China, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.

International Human Rights Law And Security Detention, Douglass Cassel

Journal Articles

This article analyzes the grounds, procedures, and conditions required by International Human Rights Law for preventive detention of suspected terrorists as threats to security. Such detention is generally permitted, provided it is based on grounds and procedures previously established by law; is not arbitrary, discriminatory, or disproportionate; is publicly registered and subject to fair and effective judicial review; and the detainee is not mistreated and is compensated for any unlawful detention. In Europe, however, preventive detention for security purposes is generally not permitted. If allowed at all, it is permitted only when a State in time of national emergency formally …

Gender Politics: A Case Study Of Feminism In Iran, Sara A. Hoff

Browse all Theses and Dissertations

The literature on feminism and Islam shows that there is a distinct relationship and conflict between identity groups in Iran. An alliance between Muslim and secular feminists has been observed in the past in Iran; however, a breakdown of the alliance has occurred in recent years. It is my assumption that in order for feminists in Iran to unite, several principles of Iris Young's communicative democracy and coalition building practices have to be applied. Communicative democracy stresses that individuals' ideas often change when interaction with other people and their experiences occurs. Further, communicative democracy emphasizes the importance of recognizing the …