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Originalism And The "Challenge Of Change": Abduced-Principle Originalism And Other Mechanisms By Which Originalism Sufficiently Accommodates Changed Social Conditions, Lee J. Strang

UC Law Journal

One of the most persistent criticisms of originalism-and also one of the most powerful-is that originalism is not a viable interpretative methodology because of the tremendous technological, social, cultural, religious, and moral change that has occurred since the Constitution's original meaning was created. The Constitution's original meaning arose in contexts so dramatically different from our own, the criticism goes, that a Constitution whose meaning was limited by those contexts would be unworkable in today's world.

This form of criticism of originalism - the challenge of changeis pervasive. In this Article, I argue that originalism has, within its analytical quiver, six …

Factors That Influence College Students Who Choose Engineering As Their Major To Presist In That Major To Their Fifth Semester, Kelli Elaine Wildman

LSU Doctoral Dissertations

Individuals, institutions, and society are affected by whether or not students persist in college; therefore, persistence and retention on college campuses is an important topic for higher education systems. However, little research has been done on program retention. Since engineering as a profession is expected to increase, it is imperative to have students persist in the major. The primary purpose of this study is to determine the influence of selected demographic and academic characteristics in the decision of first time in college (FTIC) traditional-age undergraduates who declare engineering as their major at admission to persist in the curriculum from second …

Propensity Or Stereotype?: A Bad Evidence Experiment In Indian Country, Aviva Orenstein

Articles by Maurer Faculty

In a significant break with traditional evidence rules and policies, the Federal Rules of Evidence concerning rape and child abuse, Rules 413 and 414, permit the government to admit the accused’s prior sexual misconduct as evidence of character and propensity. Although these rules have been roundly criticized, insufficient attention has been paid to the fact that in allowing propensity evidence for federal sex offenses (as opposed to offenses under state law), these rules disproportionately affect one distinct civilian population: Indians.

The de facto concentration of Rules 413-414 cases in Indian Country raises troubling questions regarding what it means to have …

Rethinking Gender And Human Rights In The Global Political Economy, Deborah M. Weissman

Faculty Publications

No abstract provided.

Just Land: What Are The Key Justice Issues For Native People In The U.S.? (Chapter 12 Of The Justice Project), Randy Woodley

Faculty Publications - Portland Seminary

Excerpt: "Why were the Pharisees so furious with Jesus? After all, they were themselves dedicated to giving alms to the poor and feeding the hungry sinners. But there was one key difference: Jesus "ate with sinners." This one simple act of Jesus sitting down at the table and eating with them granted a new sense of dignity to hungry, hopeless people, and it enraged the Pharisees and teachers of the Law."

Criminal Justice Policy Research Institute Newsletter, Portland State University. Criminal Justice Policy Research Institute

Criminal Justice Policy Research Institute Newsletters

Newsletter provides information on:

• Updates on the Criminal Justice Policy Research Institute
• Recent presentations
• Research roundup
• Articles highlight criminology and criminal justice today

Combating Global White Supremacy In The Digital Era, Jessie Daniels

Publications and Research

This chapter explores both the ability of white supremacists to connect globally through Internet technologies, and considers international efforts to combat white supremacy. The United States is not a willing partner in fighting white supremacy online due to certain interpretations of the first amendment. However, absolutist views of free speech contradict the Supreme Court of the US which has ruled that there is a burning cross is not protected by the first amendment. Failing to take action against white supremacy online, the US functions as a global haven for hate speech.

Differences In Physical And Mental Health Symptoms And Mental Health Utilization Associated With Intimate Partner Violence Vs. Child Abuse, Christina Nicolaidis, Bentson H. Mcfarland, Maryann Curry, Martha Gerrity

School of Social Work Faculty Publications and Presentations

Background: There is ample evidence that both intimate-partner violence (IPV) and childhood abuse adversely affect the physical and mental health of adult women over the long term. Objective: The authors assessed the associations between abuse, symptoms, and mental health utilization. Method: The authors performed a cross-sectional survey of 380 adult female, internal-medicine patients. Results: Although both IPV and childhood abuse were associated with depressive and physical symptoms, IPV was independently associated with physical symptoms, and childhood abuse was independently associated with depression. Women with a history of childhood abuse had higher odds, whereas women with IPV had lower odds, of …

Building The Evidence Base For Family Drug Treatment Courts: Results From Recent Outcome Studies, Beth L. Green, Carrie Jeanne Furrer, Sonia D. Worsel, Scott W. M. Burrus, Michael W. Finigan

Complex Systems Faculty Publications and Presentations

Results from at least four studies of FDTCs found evidence for their effectiveness in assisting and supporting parents in entering, remaining in, and completing substance abuse treatment so they could be reunited with their children; however, different program models achieved different outcome patterns. The Pima County (Arizona) study found positive effects for treatment completion, family reunification, and reduced times to permanent placement. Two other programs showed consistent positive treatment and child welfare outcomes. Neither of these two sites produced reduced time to permanent placements. The two most successful sites were longstanding FDTCs whose models aligned closely with the core program …

Toward A Revised 4.2 No-Contact Rule, Geoffrey C. Hazard Jr., Dana Remus Irwin

Faculty Scholarship

No abstract provided.

Inequitable Enforcement: Introducing The Concept Of Equity Into Constitutional Review Of Law Enforcement, Hadar Aviram, Daniel L. Portman

Faculty Scholarship

No abstract provided.

Burning Shoes And The Spirit World: The Charade Of Neutrality, Frank H. Wu

Faculty Scholarship

No abstract provided.

Defining Empirical Frames Of Reference In Constitutional Cases: Unraveling The As-Applied Versus Facial Distinction In Constitutional Law, David L. Faigman

Faculty Scholarship

No abstract provided.

Race And Essentialism In Gloria Steinem, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper reflects on Angela Harris's essay Race and Essentialism in Feminist Legal Theory.. Harris is one of the foremost law professors in the country. She has co-written or coedited several important critical race theory and feminist theory casebooks as well as a casebook for a first-year course. This particular essay is one of the most cited critical race theory pieces ever, having been referred to in at least 796 articles. Professor Cooper joins a group of distinguished peers, describing the power Harris' work has on them now and when they were developing scholars.

"Who's The Man?": Masculinities Studies, Terry Stops, And Police Training, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper examines how masculinity contests specifically, and masculinities studies generally, affect policing. He reviews the hegemonic masculinities school of thought and identifies the following background principles of the hegemonic pattern of masculinities in the United States: (1) men's concern with the opinions of other men; (2) anxiety over whether one has proved one's manhood; (3) a competitiveness reflected in a need to dominate other men and a general aggressiveness; and (4) a denigration of contrast figures reflected in a repudiation of femininity and homosexuality as well as subordination of racial minorities. Then he identifies …

Factors Affecting The Efficacy Of Feedback Use During Source Monitoring, Stephanie Groft

LSU Master's Theses

The current study considers how individual differences in working memory capacity (WMC) affect feedback effectiveness. Participants, selected to have high and low WMC, first watched a video of a crime. Subsequently, a post-test questionnaire was administered concerning events taken from the video and additional information suggested to have occurred in the video. After a 10 minute filler task, participants were given a two-part memory test requiring them to identify the source of the information presented in the test statements. During the training portion of the test, half of the participants received feedback as to the accuracy of their source decisions. …

Exploring The Practice Of Members Of The College Of Forensic Psychologists: A Step Towards Conceptualising Forensic Psychology In Australia, Brooke Harvey

Theses : Honours

Australia is moving towards the proposed National Registration and Accreditation Scheme for Health Professionals, which would entail a unified national registration system for various health professions including psychology. Under this scheme, the Council of Australian Governments has indicated that specialist title in psychology may exist at a national level for the first time. As specialist areas are likely to align with the Australian Psychological Society's (APS) Colleges, forensic psychology is likely to be recognised as a specialty. This raises the question of what model of forensic psychology will be adopted at a national level. Currently the model of forensic psychology …

Governing In The Vernacular: Eugen Ehrlich And Late Habsburg Ethnography, Monica E. Eppinger

All Faculty Scholarship

Eugen Ehrlich's vision for a "dynamic conception of law" in 1903 challenges prior focus on doctrine and logic with a demand that legal science direct attention to the "facts of daily life." Ehrlich's program -- his innovative conception of law and calls for a new sociology of law -- has been claimed as inspiration by those intent on modernizing law and state administration and by critics launching attacks on state fetishism. Between these extremes, Ehrlich's understudied ideas about implementing "living law" as a program for governance deserve re-examination.

This Article, situating Ehrlich's work in the social, intellectual, and political milieu …

American Oresteia: Herbert Wechsler, The Model Penal Code, And The Uses Of Revenge, Anders Walker

All Faculty Scholarship

The American Law Institute recently revised the Model Penal Code's sentencing provisions, calling for a renewed commitment to proportionality based on the gravity of offenses, the "blameworthiness" of offenders, and the "harms done to crime victims." Already, detractors have criticized this move, arguing that it replaces the Code's original commitment to rehabilitation with a more punitive attention to retribution. Yet, missing from such calumny is an awareness of retribution's subtle yet significant role in both the drafting and enactment of the first Model Penal Code (MPC). This article recovers that role by focusing on the retributive views of its first …

The Violent Bear It Away: Emmett Till & The Modernization Of Law Enforcement In Mississippi, Anders Walker

All Faculty Scholarship

Few racially motivated crimes have left a more lasting imprint on American memory than the death of Emmett Till. Yet, even as Till's murder in Mississippi in 1955 has come to be remembered as a catalyst for the civil rights movement, it contributed to something else as well. Precisely because it came on the heels of the Supreme Court's 1954 ruling in Brown v. Board of Education, Till's death convinced Mississippi Governor James P. Coleman that certain aspects of the state's handling of racial matters had to change. Afraid that popular outrage over racial violence might encourage federal intervention in …

Truth Or Legality: The Limits On The Laundering Of Illegally Gathered Evidence In A State Under The Rule Of Law (Verdad O Legalidad: Los Límites Del Blanqueo De Pruebas Ilegalmente Recogidas En Un Estado De Derecho) (Spanish), Stephen C. Thaman

All Faculty Scholarship

This paper discusses the tension between the constitutional rights to silence and to privacy and the important goal of criminal procedure to ascertain the truth. It traces exclusionary rules from the inquisitorial rules relating to nullities, to modern constitutional, statutory and jurisprudential rules for excluding illegally gathered evidence.

Note: downloadable document is in Spanish

Place Mattters (Most): An Empirical Study Of Prosecutorial Decision-Making In Death-Eligible Cases, Katherine Y. Barnes, David L. Sloss, Stephen C. Thaman

All Faculty Scholarship

This article investigates prosecutorial discretion in death penalty prosecution in Missouri. Based upon an empirical analysis of all intentional-homicide cases from 1997-2001, this article concludes that Missouri law gives prosecutors unconstitutionally broad discretion in charging these cases. This article also finds that prosecutors exercise this broad discretion differently, leading to geographic and racial disparities in sentencing, and concludes with proposals for statutory reform.

The Precarious Situation Of Human Rights In The United States In Normal Times And After September 11, 2001 (La Situación Precaria De Los Derechos Humanos En Estados Unidos En Tiempos Normales Y Después Del 11 De Septiembre De 2001) (Spanish), Stephen C. Thaman

All Faculty Scholarship

The paper criticizes the impact of U. S. American criminal law and procedure on the human rights of U. S. citizens in normal times and the changes that have occurred since the terrorist attacks of September 11, 2001. It deals with racial profiling, the death penalty, Draconian prison sentences in normal times, and the use of unlimited detention, torture and expanded powers of wiretapping and evidence gathering since the attacks of 9-11.

Note: downloadable document is in Spanish