Digital Commons Network^™

Cross-Judging: Tribunalization In A Fragmented But Interconnected Global Order Symposium - The Normalizing Of Adjudication In Complex International Governance Regimes: Patterns, Possibilities, And Problems, Ruti Teitel, Robert Howse

Articles & Chapters

This paper explores connections, parallels, contact points, and dissonances between increasing adjudication in international criminal law/human rights and international trade/investment.

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer

Articles & Chapters

No abstract provided.

"The Lower Class Of Traitors Have Also Their Architects Of Plots": The London Irish, The United Irish, And The Creation Of Irish Identities, 1780-1800, Erin K. Crawley

Masters Theses

This thesis explores the concepts of prejudice and contrasting identities in 1790s London, examining the interplay between English authorities, the United Irish, and the working Irish in London. The thesis examines the agency of the London Irish and the limits to their actions caused by the United Irish presence in London and the English response. First, it analyzes court cases, sessions papers, pamphlets, and trial publications to show where prosecutors, defendants, and witnesses make linguistic ascriptions of Irish, English, and metropolitan identity. This analysis shows that the working-class London Irish were primarily unskilled laborers, beggars, and disembarked soldiers living in …

Silencing And Assaulting The Feminine: An Analysis Of Institutions That Perpetuate A Rape-Supportive Culture, Melissa Territo

Masters Theses

Since 1700, rape has been a publicly discussed topic. Past research has focused on the effects that socialization practices, patriarchy, and hegemony have on sexual violence and mediated representations of gendered violence in the United States. This thesis explores two institutions, social structures, and cultures that contribute to and perpetuate a rape supportive culture in the United States-the penal and fraternity systems. By approaching and analyzing sexual assault as socially constructed and communicated through the institutional structures of the penal and fraternity systems, we are equipped to better understand how society and media (re )create and perpetuate a patriarchal rape …

No Child Left Behind Bars: The Need To Combat Cruel And Unusual Punishment Of State Statutory Rape Laws, Meredith Cohen

Journal of Law and Policy

No abstract provided.

Shielding Corporate Interests From Public Dissent: An Examination Of The Undesirability And Unconstitutionality Of "Eco-Terrorism" Legislation, Jared S. Goodman

Journal of Law and Policy

No abstract provided.

Ensuring A Fair Hearing For Litigants With Mental Illnesses: The Law And Psychology Of Capacity, Admissibility, And Credibility Assessments In Civil Proceedings, Kevin M. Cremin, Jean Philips, Claudia Sickinger, Jeanette Zelhof

Journal of Law and Policy

No abstract provided.

Giving State And Local Law Enforcement The Benefit Of The Doubt: How To Ensure Vccr Compliance Without Judicial Remedies, Victoria M. Lee

Journal of Law and Policy

No abstract provided.

Front Matter, James Mohr, Joanie Eppinga, Steven Baum

Journal of Hate Studies

“I love mankind; it’s people I can’t stand.” This quotation from Charles Schultz’s Linus is brought to mind by the current volume of the Journal of Hate Studies. This year’s theme, “The Science of Hate,” has brought forth notions about how, under the auspices of some ideal that is sure to benefit humankind, science is used as a bottom line or a justification for horrendous behavior directed toward individuals or groups of individuals.

Business Liaison Collaboration: A Case Study, Angel Clemons, Fannie Cox, Glenda Neely, Mark Paul

Faculty and Staff Scholarship

The academic library has always been known as a place to go for a book, journal article, or item on reserve. During the past decade the format of these sources has changed from primarily print resources to a mix of print and electronic. Traditional resources and services have expanded to become electronically available from one’s desktop. Accessing online scholarly materials is challenging for both the librarian and faculty member. But while the tools of scholarly research have changed, the need for library instruction remains: “Since most faculty find it difficult to keep up with the rapid growth in electronic information …

Islam's Fourth Amendment: Search And Seizure In Islamic Doctrine And Muslim Practice, Sadiq Reza

Articles & Chapters

Modern scholars regularly assert that Islamic law contains privacy protections similar to those of the FourthAmendment to the U.S. Constitution. Two Quranic verses in particular - one that commands Muslims not to enter homes without permission, and one that commands them not to 'spy' - are held up, along with reports from the Traditions (Sunna) that repeat and embellish on these commands, as establishing rules that forbid warrantless searches and seizures by state actors and require the exclusion of evidence obtained in violation of these rules. This Article tests these assertions by: (1) presenting rules and doctrines Muslim jurists of …

A Change Is Gonna Come: The Implications Of The United Nations Convention On The Rights Of Persons With Disabilities For The Domestic Practice Of Constitutional Mental Disability Law, Michael L. Perlin

Articles & Chapters

As recently as fifteen years ago, disability was not broadly acknowledged as a human rights issue. Although there were prior cases decided in the United States and in Europe that, retrospectively, had been litigated from a human rights perspective1 the characterization of "disability rights" (especially the rights of persons with mental disabilities) was not discussed in a global public, political or legal debate until the early 1990s. Instead, disability was seen only as a medical problem of the individual requiring a treatment or cure. By contrast, viewing disability as a human rights issue requires us to recognize the inherent equality …

The Interpretation Of Multilingual Statutes By The European Court Of Justice, Lawrence M. Solan

Brooklyn Journal of International Law

No abstract provided.

The Constitutionality Of State And Local Laws Targeting Immigrants, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

This paper addresses current immigration issues across the country, specifically in Arkansas, and how lawyers can seek to achieve social justice for immigrants. There currently has been a lot of activity and discussion surrounding state and local laws targeting immigrants. Central to this discussion has been whether states and localities are constitutionally permitted to enact immigration laws and whether state and local actions upset the current immigration system and how, if at all, their actions affect documented and undocumented immigrants' rights. When states and localities pass immigration related laws, the main concern is whether federal, state or local governments are …

Brain Imaging For Legal Thinkers: A Guide For The Perplexed, Owen D. Jones, Joshua W. Buckholtz, Jeffrey D. Schall, Rene Marois

Vanderbilt Law School Faculty Publications

It has become increasingly common for brain images to be proffered as evidence in criminal and civil litigation. This Article - the collaborative product of scholars in law and neuroscience - provides three things.

First, it provides the first introduction, specifically for legal thinkers, to brain imaging. It describes in accessible ways the new techniques and methods that the legal system increasingly encounters.

Second, it provides a tutorial on how to read and understand a brain-imaging study. It does this by providing an annotated walk-through of the recently-published work (by three of the authors - Buckholtz, Jones, and Marois) that …

The Chameleon Court: The Changing Face Of The Icc, Michael A. Newton

Vanderbilt Law School Faculty Publications

An International Criminal Court (ICC) that routinely overrides the good faith reasoning of domestic officials would inevitably face a crisis of confidence and cooperation. The practice of complementarity may well be the fulcrum supporting the Court's long-term legitimacy; and this principle is all the more important because it is designed to provide intellectual leverage to move non-States Parties towards treaty accession. The early practice of the ICC, however, indicates that the model of a healthy and cooperative synergy between the Court and domestic states is in danger of being replaced by a model of competition. The plain text of art …

A Defense Of The Integrationist Test As A Replacement For The Special Defense Of Insanity, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article, written for a symposium on "Criminal Law and the Excuses," defends the "Integrationist" approach to analysis of the exculpatory effect of mental disability that I developed in Chapter Two of my book, Minding Justice: Laws that Deprive People with Mental Disability of Life and Liberty. The book argues that the special nature of the insanity defense should be reconsidered now that modern criminal law, in particular the Model Penal Code, has subjectivized affirmative defenses such as self-defense and duress for people who are not mentally ill. More specifically, the claim is that these latter defenses capture the universe …

The Death Penalty In Florida, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article summarizes the findings and recommendations of the ABA Death Penalty Moratorium Implementation Project's Florida Assessment Team, which I chaired. Relying on an analysis of caselaw, studies, news reports, and interviews, the article describes significant flaws in Florida's death penalty law and practice in nine areas: the police investigative process; the analysis of scientific evidence; the conduct of prosecutors; the qualifications, reimbursement and competence of defense attorneys; the decision-making process of judges; the structure and decision-making process of capital sentencing juries; clemency; the system's reaction to the race of the victim; and the treatment of people with mental disability. …

Group-Conflict Resolution: Sources Of Resistance To Reconciliation, Erin O'Connor

Vanderbilt Law School Faculty Publications

In the past few years a number of scholars in a variety of intellectual disciplines have contributed to a better understanding of dyadic conflicts and their resolution. In particular, sociologists, psychologists, anthropologists, lawyers, and others have explored the dynamics of apology and its role in deescalating disputes and promoting forgiveness and reconciliation. Furthermore, we have a better understanding today of the benefits to individuals from forgiveness and reconciliation. Victims who are able to forgive their transgressors have better psychological and physical health and lead richer lives. Because lawyers tend to focus their attentions on legal disputes, a growing body of …

Using Criminal Punishment To Serve Both Victim And Social Needs, Erin O'Connor

Vanderbilt Law School Faculty Publications

In this article we propose changing the manner in which control rights over criminal sanctions are distributed. This modest change has the potential to increase victim well-being without interfering with social needs. Specif ically, victims should have the right to determine whether an off ender will serve the last ten to twenty percent of his prison term. The control right can do more than help restore a sense of victim empowerment: it will likely encourage voluntary victim- offender mediation (VOM), which has been demonstrated to assist the emotional healing process f or victims while perhaps decreasing recidivism rates. Section II …

Exceptional Engagement: Protocol I And A World United Against Terrorism, Michael A. Newton

Vanderbilt Law School Faculty Publications

This article challenges the prevailing view that U.S. "exceptionalism" provides the strongest narrative for the U.S. rejection of Additional Protocol I to the 1949 Geneva Conventions. The United States chose not to adopt the Protocol in the face of intensive international criticism because of its policy conclusions that the text contained overly expansive provisions resulting from politicized pressure to accord protection to terrorists who elected to conduct hostile military operations outside the established legal framework. The United States concluded that the commingling of the regime criminalizing terrorist acts with the jus in bello rules of humanitarian law would be untenable …

Some Observations On The Future Of U.S. Military Commissions, Michael A. Newton

Vanderbilt Law School Faculty Publications

The Obama Administration confronts many of the same practical and legal complexities that interagency experts debated in the fall of 2001. Military commissions remain a valid, if unwieldy, tool to be used at the discretion of a Commander-in-Chief. Refinement of the commission procedures has consumed thousands of legal hours within the Department of Defense, as well as a significant share of the Supreme Court docket. In practice, the military commissions have not been the charade of justice created by an overpowerful and unaccountable chief executive that critics predicted. In light of the permissive structure of U.S. statutes and the framework …

In Family Law, Love's Got A Lot To Do With It: A Response To Philip Shaver, Terry A. Maroney

Vanderbilt Law School Faculty Publications

In a contribution to this Symposium on Law and Emotion: Re-Envisioning Family Law, Phillip Shaver and his co-authors succinctly encapsulate contemporary psychological theory on interpersonal attachment -- primarily parent-child attachment and its role in creating lifelong attachment patterns -- and seek to outline the relevance of such research for both social policy and law. This Comment demonstrates that many areas of family law already seek to cultivate and reward attachment. But attachment is not and cannot be the sole-or even, perhaps, the most important-factor driving most legal determinations. Recognizing the importance of secure attachment does not answer difficult questions about …

The Effect Of Relative Deprivation On Delinquency: An Assessment Of Juveniles, Adrienne Horne

Electronic Theses and Dissertations

This study examines the impact of relative deprivation on juvenile delinquency. Though this topic has been explored by several researchers, there has not been much consistency in the research due to the operationalization of key variables. Traditionally, relative deprivation has been referenced in relation to Merton's Classic Strain Theory, using economic indicators to measure relative deprivation. Webber and Runciman however, expanded upon Merton's original premise and integrated more diverse measures of relative deprivation into their research. The current study utilizes Agnew's General Strain Theory (GST) as a means to measure relative deprivation as a broader and more subjective topic. This …

Crime Labs And Prison Guards: A Comment On Melendez-Diaz And Its Potential Impact On Capital Sentencing Proceedings, John H. Blume, Emily C. Paavola

Cornell Law Faculty Publications

The Sixth Amendment to the United States Constitution guarantees a criminal defendant the right "to be confronted with the witnesses against him." Four years ago, in Crawford v. Washington, the United States Supreme Court held that this right bars the admission of testimonial hearsay statements against criminal defendants, regardless of whether or not the statements fall within an evidentiary hearsay exception. It was a decision that other courts later described as a "bombshell," a "renaissance," and "a newly shaped lens" through which to view the Confrontation Clause. The case generated an extensive amount of discussion among legal commentators.

Since its …

The Afterlife Of Ford And Panetti: Execution Competence And The Capacity To Assist Counsel, Christopher W. Seeds

Cornell Law Faculty Publications

The capacity to assist counsel and communicate a defense once held a central place in assessing competence for execution. Since Ford v. Wainwright (1986), however, courts have discarded this measure, viewing Justice Powell’s concurring opinion, which required only that a prisoner understand the execution as mortal punishment for a capital crime, as the Eighth Amendment rule. In a significant development, the Supreme Court’s decision in Panetti v. Quarterman (2007) - its first interpreting Ford - sends notice that Justice Powell’s statements on the substantive standard are not Ford's rule, providing a long overdue opportunity to address whether executing prisoners with …

Education And Crime, Gordon A. Crews

Criminal Justice Faculty Publications

The purpose of this chapter is to provide an overview of the topic of education and crime. While at first glance this appears to be a simple task, there is an inherent complexity in examining such a broad subject. There are many different perspectives from which a discussion of education and crime could develop. Criminologists might assume this would be an overview of the impact that an individual’s education level may have upon their criminal or anti-social behavior. On the other hand, parents might assume this is a discussion of the impact of school violence and crime upon the safety …

Evaluation Of Juvenile Justice Education Programs: What The Numbers Say About Juvenile Recidivism, Kevin Egan

Electronic Theses and Dissertations

Each year more than 100,000 juveniles are incarcerated in residential rehabilitative facilities. As part of their course of treatment, educational services are mandated for these incarcerated youth. Programs serving these individuals must provide adequate and appropriate educational programs for these juveniles. With a growing public concern over juvenile delinquency and recidivism, programs are being held accountable for the effectiveness and quality of the programming they offer. In Florida, juvenile justice programs offering educational services are monitored annually by the Juvenile Justice Education Enhancement Program. These programs receive a Quality Assurance (QA) rating as determined by a review team that spends …

Character Education: Examining The Perceptions Of Elementary, Middle, And High School Teachers In A Central Florida School District, Jason Ampel

Electronic Theses and Dissertations

While schools are academic institutions to prepare our country's youth for their future, developing a child's character and civic responsibilities is necessary and is often deleted from the explicit curriculum set forth in most school districts throughout the country. This study investigated the perception of character education of teachers in a Central Florida school district, as it related to teacher importance, teacher efficacy, and teacher practice of character education. This study investigated the responses of 497 classroom teachers surveyed within one Central Florida school district. The questionnaire used in this study was designed to illuminate teacher perceptions of character education, …

Different Time, Same Place, Same Story? A Social Disorganization Perspective To Examining Juvenile Homicides, Minna Laurikkala

Electronic Theses and Dissertations

In 2007, juveniles were involved in a minimum of 1,063 murders in the United States (Federal Bureau of Investigation, 2008), and a concern over juvenile homicide offenders remains. While increasingly more macrolevel research on juvenile homicide offending has been accumulated, particularly since the 1980s, research focusing on macrolevel correlates of juvenile homicides is still relatively scarce (MacDonald & Gover, 2005; Ousey & Campbell Augustine, 2001). In the first part of this study, several variables relating to the offender, victim, setting, and precursors to the homicide by race and gender were examined in order to provide details on the context of …