Digital Commons Network^™

Attitudes Of College Students Toward People With Disabilities, Wonsun (S.) Seo, Roy K. Chen

School of Rehabilitation Services & Counseling Faculty Publications

The current study sought to explore attitudinal differences in college students toward people with disabilities (PWD) based on their demographic backgrounds and levels of prior contact. Participants were 311 undergraduate and graduate students at a large public university in the Midwest. Using the Attitudes Towards Disabled Persons Scale, Form-O (Yuker & Block, 1986) and the Contact with Disabled Persons Scale (Yuker & Hurley, 1987), a moderate positive correlation between attitudes and levels of contact was found (r = .302, p < .001). Significant differences in the mean scores of the ATDP were observed for different demographic groups. A subsequent ANCOVA indicated that levels of prior contact were influential on attitudes towards PWD. Implications for rehabilitation practice and future research are discussed.

Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt

Faculty Scholarship

This chapter presents an authoritative overview of punishment, with particular emphasis on the limits of reason and the virtue of randomization. It includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as the Enlightenment ideal of social engineering through punishment and the role of chance in the administration of criminal justice.

International Legal Instrument On Human Trafficking And A Victim-Oriented Approach: Which Gaps Are To Be Filled, Federico Lenzerini

Intercultural Human Rights Law Review

The present contribution will first provide a description of the evolution of the international anti-trafficking legal action, with particular attention to the specific provisions aimed at ensuring victim protection. This article will attempt to explore which possible improvements could be adopted in order to make such an action more effective in the light of the contemporary characterization of the awful practice of trafficking in human beings.

Political Control Of Federal Prosecutions: Looking Back And Looking Forward, Daniel C. Richman

Faculty Scholarship

This Essay explores the mechanisms of control over federal criminal enforcement that the administration and Congress used or failed to use during George W. Bush's presidency. It gives particular attention to Congress, not because legislators played a dominant role, but because they generally chose to play such a subordinate role. My fear is that the media focus on management inadequacies or abuses within the Justice Department during the Bush administration might lead policymakers and observers to overlook the hard questions that remain about how the federal criminal bureaucracy should be structured and guided during a period of rapidly shifting priorities …

Youth Movements In Latin America: 20th Century Stories Of Age, Struggle, And Socio-Political Independence, Amaris Delcarmen Guzman

Open Access Theses & Dissertations

Throughout the latter half of the 20th Century, the very nature and everyday functions of Latin American governments under dictatorship, authoritarian-like governments, and military regimes were questioned and challenged by many of its citizens, especially its young citizenry. Literary journals and books suggest that many young people in the late 1950's to early 1980's were very aware of their government's practices, did not agree with such practices of the government, and therefore created youth movements in countries as the case in the Dominican Republic, Mexico, and Brazil to bring about change. This topic was brought about as an interest to …

Development Of The Video Suggestibility Scale For Children: Spanish-Language Version, Claudia Ornelas

Open Access Theses & Dissertations

This study examined the psychometric properties of a Spanish version of the Video Suggestibility Scale (VSSC). A cross-cultural validation with a sample of 3-5 year old Spanish speaking children was performed to evaluate its psychometric properties (N = 79). The development of the VSSC Spanish language version (VSSC-S) is described. The new version was created using the translation-back-translation process to increase the instrument‟s equivalence. Internal consistencies were satisfactory. Construct validity was assessed by using factor analysis and the Varimax procedure. As expected, the VSSC-S items loaded on two separate factors. Overall, results suggest that the VSSC-S taps into similar constructs …

Happy Families? Translating Positive Psychology Into Family Law, Clare Huntington

Faculty Scholarship

Despite the well-documented finding in the field of positive psychology that close interpersonal relationships are significantly correlated with subjective well-being and thriving communities, scholars have yet to bring together positive psychology and family law. And what is family law if not the law of close interpersonal relationships? Positive psychology and related work have the potential to inform the what, the why, and the how of family law, but realizing the potential of positive psychology as a guide for family law involves challenges. In particular, it requires translating the descriptive science of psychology into the prescriptive policies of family law. This …

South Park And Absurd Culture War Ideologies, The Art Of Stealthy Conservatism, Drew W. Dungan

Open Access Theses & Dissertations

South Park serves as an example of satire and parody lampooning culture war issues in the popular media. Since it targets culture war issues, it is relevant to analyze its political and social stance on the issues as presented within. Both extremes in political and social ideology are targeted. Although the program notes an ideological absurdity in extremist points-of-view, the presentation of the issues attempts to create a sense of moderate ideology criticizing both the far left and far right, when in fact, closer analysis provides evidence that South Park serves a stealthy conservative perspective. Stealthy conservatism presents itself as …

Intervention To Stop Genocide And Mass Atrocities: International Norms And U.S. Policy, Matthew C. Waxman

Faculty Scholarship

The collective international failure to stop genocidal violence and resulting humanitarian catastrophe in Sudan prompts the familiar question of whether the United States or, more broadly, the international community has the political will and capabilities necessary to deter or stop mass atrocities. It is well understood that mobilizing domestic and international political support as well as leveraging diplomatic, economic, and maybe even military tools are necessary to stop mass atrocities, though they may not always be enough. Other studies have focused, therefore, on what steps the United States and its international partners could take to build capabilities of the sort …

Addressing Judicial Activism In The Indian Supreme Court: Towards An Evolved Debate, Madhav Khosla

Faculty Scholarship

The Indian Supreme Court has invited a great deal of interest for its alleged activism and the role that it has begun to play in Indian governance. Recent years have been witness to substantial debate on the Court's functioning, with scholars positing views and raising concerns with considerable passion. This paper analyzes the judicial activism discourse in the Indian Supreme Court by focusing on the contributions of Professor Upendra Baxi. It argues that, despite the attention the Court has received on the question of judicial activism, the debate in this area has, for the most part, failed to engage with …

Marvin Frankel: A Reformer Reassessed, Gerard E. Lynch

Faculty Scholarship

Legal scholars and critics contribute to the development of law in many ways: the comprehensive treatise, the heavily footnoted law review article, the closely reasoned philosophical essay, the econometric model, the theoretical discourse, the bar association or American Law Institute law reform project, among many others. Law professors dedicate whole careers to perfecting one or more of these forms. But few can claim to have had the impact on the law, the system of criminal justice, and the lives of hundreds of thousands of criminal defendants that Marvin Frankel had with one thin volume addressed to "literate citizens – not …

Administrative Detention Of Terrorists: Why Detain, And Detain Whom?, Matthew C. Waxman

Faculty Scholarship

This article aims to reframe the administrative detention debate, not to resolve it. In doing so, however, it aspires to advance the discussion by highlighting the critical substantive choices embedded in calls for legal procedural reform and by pointing the way toward appropriately tailored legislative options. It argues that the current debate’s focus on procedural and institutional questions of how to detain suspected terrorists has been allowed to overshadow the questions of why administratively detain, and whom to detain. Not only are the answers to these questions at least as important as the procedural rules in safeguarding and balancing liberty …

Police And National Security: American Local Law Enforcement And Counter-Terrorism After 9/11, Matthew C. Waxman

Faculty Scholarship

This article examines three national security law challenges resulting from greater involvement of state and local police agencies in protecting national security, especially in combating terrorism: organizational challenges, accountability challenges, and institutional tensions with traditional local police functions. Each threatens the balance of security and civil liberties.

The Warren Court, Legalism And Democracy: Sketch For A Critique In A Style Learned From Morton Horwitz, William H. Simon

Faculty Scholarship

Morton Horwitz's Transformation books developed a critical approach that elaborates the underlying premises of legal doctrine and compares them to suppressed or ignored alternative perspectives. However, Horwitz's Warren Court book is largely an appreciation of the Court's doctrine that accepts at face value its underlying premises and the judges' claim to vindicate democratic values. In this essay, I speculate on what a Transformation-style critique of the Warren Court might look like and suggest that the Court is vulnerable to criticisms analogous to those the Transformation books make of earlier doctrine. I suggest that book ignores an alternative perspective on social …

Outsourcing Immigration Compliance, Eleanor Marie Brown

GW Law Faculty Publications & Other Works

Immigration is a hot button issue about which Americans have sent a clear message. They prefer not to admit more aliens until the government is able to credibly screen for entrants who will abide by the terms of admission and sanction those who do not. While immigration debates now focus almost entirely on undocumented workers, they have overshadowed another critical, yet poorly understood challenge: designing institutions to properly screen for aliens who are visa-compliant and sanction non-compliant aliens. Because failed guest worker programs unquestionably increase the size of the undocumented population, this article addresses the difficulty of institutional design by …

Reconciliation And The Therapeutic Impulse: What Does It Mean To “Heal”?*, Elizabeth S. Dahl

Human Rights & Human Welfare

A review of:

Amnesty after Atrocity? Healing Nations after Genocide and War Crimes. By Helena Cobban. Boulder, CO: Paradigm Publishers, 2007.

and

Reconciliation in Divided Societies: Finding Common Ground. By Erin Daly and Jeremy Sarkin. Philadelphia: University of Pennsylvania Press, 2007.

Healing is widely seen as an essential component of socio-political reconciliation, helping to promote a more peaceable future after violent conflict. At the same time, however, little is known about what exactly “healing” means to traumatized people and whether particular reconciliation efforts do indeed constitute healing. Instead, social healing is described usually in metaphorical terms, compared to the way …

Smuggling Versus Trafficking: Do The U.N. Protocols Have It Right?, Carolyn Burke

Human Rights & Human Welfare

The terms “human trafficking” and “human smuggling” are often thought of as interchangeable due to their similar connections with irregular migration and the clandestine movement of people. However, trafficking and smuggling maintain their own differences, especially pertaining to their organizational dynamics, their forms, and their voluntary and involuntary natures that revolve around trust and exploitation. Current understandings of these terms stem from the widely accepted United Nations Protocols that were resultant from the Convention against Transnational Organized Crime.

Institutionalizing Torture: The Case Of Hospitals And Prisons In China, Leighann Mcchesney

Human Rights & Human Welfare

The People’s Republic of China (PRC) has a notorious reputation, especially within the international human rights community, concerning its state-implemented practices of torture. Although the government of China has been charged by many international organizations with having a gruesome human rights record, on anything from freedom of speech to freedom of religion, the accusations of state-sanctioned torture undoubtedly have caused some of the strongest reactions around the world. This article seeks to address the various manifestations of torture that take place inside two of the most prominent public institutions in China: the prisons and the mental hospitals. By utilizing these …

A Legal System That Compromises Due Process And Promotes Organ Harvesting And Human Rights Abuse Of Prisoners: A Case Study Of China, Shivani Ramdeo

Human Rights & Human Welfare

On June 21, 1989, three men were executed in Shanghai two weeks after their arrests. The Xinhua News Agency reported that Bian Hanwu, Xu Guoming and Yan Xuerong were arrested, charged and convicted for sabotaging transportation. Upon rejection of their appeals by the Shanghai People’s High Court, they were executed. Again, Xinhua reported on January 26, 2003, the execution of Lobsang Dondrub, (who was found guilty of inciting a split in the country and illegally possessing firearms and ammunition), hours after his death sentence was approved by the Sichuan Province Higher People’s Court, despite an assurance to a US delegation …

Police Violence In Brazil, Kyra Moon

Human Rights & Human Welfare

“This was just the beginning. They want war, and they‟ll get war. The problem of trafficking will only be resolved with blood. It is the only language they understand.” This was the response of Mario Azevedo, chief delegate of the 21st police precinct in the Bonsucsso neighborhood in Rio de Janeiro, after drug traffickers killed three police officers. Three days after that assault, one hundred and twenty heavily armed police officers stormed into the Nova Brasilia favela (the Brazilian term for slum or shantytown) and killed thirteen residents, four of which were minors. Press reports initially described this incident in …

Organizational Approaches To Drug Law Enforcement By Local Police Departments In The United States: Specialized Drug Units And Participation In Multi-Agency Drug Task Forces, Robert M. Lombardo, David E. Olson

Criminal Justice & Criminology: Faculty Publications & Other Works

This paper examines the factors associated with the decision of local police departments in the United States to operate specialized drug units or to participate in multi-jurisdictional drug task forces. Combining data from the Law Enforcement Management and Administrative Statistics (LEMAS) Survey, the 2000 Census, and the Uniform Crime Report, we use both bivariate and multivariate methods to conduct the analysis. The findings indicate that county-level agencies, those with other formalized drug control efforts, high levels of violent crime, high degrees of task specialization and formalization, and high proportions of the resident population accounted for by renters were more likely …

Restorative Justice: A Systematic Review Of The Social Work Literature, Edward J. Gumz, Cynthia L. Grant

Social Work: School of Social Work Faculty Publications and Other Works

Restorative justice is an alternative paradigm for dealing with the effects of crime and wrongdoing that seeks to bring healing to victims, offenders, and the community. Although a key element of social work’s ethical code is the obligation to work toward social justice, this has been viewed primarily as efforts to ensure a fair distribution of resources and opportunities. Yet justice is also restorative in nature—seeking to restore and enhance victims, offenders, and communities to fuller functioning. This article systematically reviews 80 social work peer-reviewed articles dealing with restorative justice. The role of social workers in restorative justice programs remains …

Korean Older Intimate Partner Violence Survivors In North America: Cultural Considerations And Practice Recommendations, Woochan Shim, Holly Nelson-Becker

Social Work: School of Social Work Faculty Publications and Other Works

While literature on elder abuse has expanded, elder abuse by intimate partners has been less investigated. Even less is known about intimate partner violence among older Koreans living in North America. This article identifies important cultural considerations for individuals helping the Korean older adult community beginning with the definition of intimate partner violence in this community and barriers to leaving that include traditional views of the East Asian self. Current practice interventions are discussed and recommendations for future practice such as healing han, the accumulated suffering from years of abuse, are suggested. The ultimate goal of this paper is …

The Method And Role Of Comparative Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Online Child Sexual Abuse: The French Response, Mohamed Chawki

Journal of Digital Forensics, Security and Law

Online child sexual abuse is an increasingly visible problem in society today. The introduction, growth and utilization of information and telecommunication technologies (ICTs) have been accompanied by an increase in illegal activities. With respect to cyberspace the Internet is an attractive environment to sex offenders. In addition to giving them greater access to minors, extending their reach from a limited geographical area to victims all around the world, it allows criminals to alter or conceal their identities. Sexual predators, stalkers, child pornographers and child traffickers can use various concealment techniques to make it more difficult for investigators to identify them …

Graduate Accounting Students' Perception Of It Forensics: A Multi-Dimensional Analysis, Grover S. Kearns

Journal of Digital Forensics, Security and Law

Forensics and information technology (IT) have become increasingly important to accountants and auditors. Undergraduate accounting students are introduced to general IT topics but discussion of forensic knowledge is limited. A few schools have introduced an undergraduate major in forensic accounting. Some graduate schools offer accounting students an emphasis in forensic or fraud accounting that includes instruction in forensics and information technology. When students do not view the IT topics as being equally important to their careers as traditional accounting topics, these attitudes may reduce the quality of the course. In an effort to assess student attitudes, a survey of 46 …

An Open Letter From Heaven To Barack Obama, F. Michael Higginbotham

All Faculty Scholarship

Since the passing of A. Leon Higginbotham, Jr. in 1998, many have wondered what the award winning author, longest-serving black federal judge, first black to head a federal regulatory agency, recipient of the Spingarn Medal and the Congressional Medal of Freedom, and author of the famous “Open Letter to Clarence Thomas” would think of the state of race relations today. Appointed to the Federal Trade Commission in 1962, Higginbotham served in several powerful federal positions including Vice-Chairman of the National Commission on the Causes and Prevention of Violence, member of the first wiretap surveillance court, and chief judge of a …

Freedom Of Association, The Communist Party, And The Hollywood Ten: The Forgotten First Amendment Legacy Of Charles Hamilton Houston, José F. Anderson

All Faculty Scholarship

Charles Hamilton Houston, the most important civil rights lawyer of the first half of the 20th century who developed the legal strategy in Brown v. Board of Education, ended his fabulous legal career representing a group of Hollywood screen writers known as the Hollywood Ten. See Lawson and Trumbo v. United States, 176 F.2d 49 (D.C. App.1949). In that case convictions and jail sentences were upheld for the defendants' failure to answer questions from the House Committee on Un-American Activities (HCUA) about their views on communism and whether or not each was members of the Communist Party. The matters in …

The Case Of Dr. Mohammed Haneef: An 'Australian Terrorism' Drama With British Connections, Mark Rix

The Plymouth Law and Criminal Justice Review

This article examines the treatment of Dr Mohamed Haneef, an Indian doctor arrested under Australia's anti-terrorism legislation in July 2007 as Australian authorities including the Australian Federal Police, Commonwealth Director of Public Prosecutions, Australian Security Intelligence Organisation, (wrongfully) believed that he was linked to the terrorist attack at Glasgow airport in June 2007. The actions and responses of these two agencies, and the subsequent judicial inquiry are reviewed in the light of the media's role and press coverage as the case unfolded.

The Marine Provisions Of The Heritage Bill 2008, Mike Williams

The Plymouth Law and Criminal Justice Review

This article examines the provision of the Heritage Bill 2008 relating to the protection of the United Kingdom's underwater cultural heritage. Currently such protection is principally afforded by the Protection of Wrecks Act 1973, a temporary and very limited measure, widely acknowledged as being urgently in need of replacement by a more extensive regulatory regime. In the event the underwater cultural heritage provisions of the Bill were a deep disappointment to the marine archaeological community. The article outlines these provisions and critically assesses their likely efficacy.