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Padilla V. Kentucky: Brief For Legal Ethics, Criminal Procedure, And Criminal Law Professors As Amici Curiae In Support Of Petitioner, Eve Brensike Primus

Appellate Briefs

Amici curiae legal ethics, criminal procedure, and criminal law professors are 37 law professors who teach, research, and write about criminal law, criminal procedure, or legal ethics, including their intersection. The names, titles, and institutional affiliations (for identification purposes only) of these amici are listed in Appendix A. Some amici work as clinical professors, in which capacity they regularly counsel and advise clients in criminal matters and train attorneys on how to effectively represent such clients. Amici have a professional interest in this Court's consideration of the doctrinal, historical, and policy issues involved in this Court's interpretation of the Sixth …

Unh Law Alumni Magazine, Summer 2009, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

Judging Jena's Da: The Prosecutor And Racial Esteem, Andrew E. Taslitz

School of Law Faculty Publications

In the Jena 6 case, six African-American high school students were arrested for assault charges allegedly arising out of a series of confrontations between black and white students stemming from a black student's sitting under the "white tree" on school grounds. The Jena prosecutor successfully arranged for one of the Jena 6 to be tried as an adult, where he was convicted and exposed to the potential of a very harsh sentence. The prosecutor did not, however, proceed, or not proceed as harshly, against several white students who were purportedly involved in violence or threats of violence against black students. …

President's Notebook, Summer 2009, James Evans

James Evans

University updates and personal thoughts from Lindenwood University President, James Evans.

"Our Testament To Democracy": The Deception Of Japanese American Internment In World War Ii, Laura Sorvetti

The Forum: Journal of History

No abstract provided.

Is Animal Cruelty A “Red Flag” For Family Violence?: Investigating Co-Occurring Violence Toward Children, Partners, And Pets, Sarah Degrue, David K. Dilillo

Department of Psychology: Faculty Publications

Cross-reporting legislation, which permits child and animal welfare investigators to refer families with substantiated child maltreatment or animal cruelty for investigation by parallel agencies, has recently been adopted in several U.S. jurisdictions. The current study sheds light on the underlying assumption of these policies—that animal cruelty and family violence commonly co-occur. Exposure to family violence and animal cruelty is retrospectively assessed using a sample of 860 college students. Results suggest that animal abuse may be a red flag indicative of family violence in the home. Specifically, about 60% of participants who have witnessed or perpetrated animal cruelty as a child …

2009 Summer - Registration Guide, Office Of The Registrar, East Tennessee State University

Registration Resources

No abstract provided.

2009 Summer - Schedule Of Classes, Office Of The Registrar, East Tennessee State University

Registration Resources

No abstract provided.

Disparate Juvenile Court Outcomes For Disabled Delinquent Youth: A Social Work Call To Action, Christopher A. Mallett

Social Work Faculty Publications

Current service delivery for at-risk youth is through four separate systems: special education; mental health and substance abuse; juvenile justice; and child welfare. Many youth (and their families) are involved with more than one of these systems, making early disability identification and subsequent systems coordination paramount in leading to more successful juvenile court outcomes. This coordination is an important and prioritized public policy concern because a majority of youth (disproportionately minority) within juvenile justice populations has been identified with mental health disorders, special education disabilities, or maltreatment histories. This study of a unique sample of probation-supervised delinquent youths ( n …

2009 Summer Public Record, Loyola Law School - Los Angeles

Public Record

No abstract provided.

Compelling Choice: Forcibly Medicating Death Row Inmates To Determine Whether They Wish To Pursue Collateral Relief, Dominic Rupprecht

Dickinson Law Review (1908-2003)

No abstract provided.

A Cross-Sectional Approach To Institutional Anomie And Gang-Related Homicide, Michael T. Klemp-North

Dissertations

Gangs have recently migrated from major metropolitan areas to suburban and rural communities throughout the United States (Maxson 1998; NAIGA 2005). This migration creates a need for further research and understanding of the gang phenomenon in the United States. One commonly studied aspect of gangs is their propensity to participate in homicide and violent behavior (e.g., Curry and Spergel 1988; Decker and Curry 2002). This tendency has been tested and written about in the literature; however, none of the research addresses the migration and dispersion of gangs throughout states. Therefore, new approaches are needed to better understand gangs and their …

Optimal Hackback, Jay P. Kesan, Ruperto Majuca

Chicago-Kent Law Review

Professor Jay Kesan from the University of Illinois College of Law, in joint work with Ruperto Majuca of the University of Illinois Department of Economics, argue in favor of legal rules that allow "hacking [data] back" in certain business circumstances. They analyze the strategic interaction between the hacker and the attacked company or individual and conclude that neither total prohibition nor unrestrained permission of hack-back is optimal. Instead, they argue that when other alternatives such as criminal enforcement and litigation are ineffective, self-defense is the best response to cybercrime because there is a high likelihood of correctly attacking the criminal, …

The Need For Situational Awareness Tools To Improve Police Decision-Making Competence, Hyeyoung Lim, David W. Webb

Criminal Justice Faculty Publications

For many professions, instruments of one sort or another are used almost routinely to assess the level of competence of professionals in decision-making relative to their particular occupations. Aircraft pilots, doctors, engineers, and the like are no strangers to such testing. Members of police departments, overall, have little exposure to such forms of assessment, even though they are required from time to time to make critical decisions regarding public safety. At the Law Enforcement Management Institute of Texas (LEMIT), part of the Criminal Justice Center housed at Sam Houston State University, a piece of research has commenced to assess police …

Alaska Justice Forum ; Vol. 26, No. 2 (Summer 2009), Brad A. Myrstol, André B. Rosay

Vols 21-30 (2004-2014)

The Summer 2009 issue of the Alaska Justice Forum features articles describing the relationship between drug use and criminal offending among male arrestees in Anchorage, a look at homelessness in Alaska, and results of a victim service training needs assessment survey.

Rational Ignorance, Rational Closed-Mindedness, And Modern Economic Formalism In Contract Law, Shawn J. Bayern

Scholarly Publications

This article considers the relevance of several kinds of post-offense events for the justice of punishment under a fair-play account of retributivism. If the justice of punishment depends on something like an offender-centered tally of benefits and burdens, it may be difficult to explain why offenders should be punished by a criminal justice system in situations where they have been punished privately or have lost the relevant benefits they may have received from their offenses.

My fault is past. But, O, what form of prayer
Can serve my turn? 'Forgive me my foul murder?
That cannot be; since I am …

A Professional Development Model For Math And Science Educators In Catholic Elementary Schools: Challenges And Successes, Debora Kuchey, Julie Q. Morrison, Cynthia H. Geer

Journal of Catholic Education

Catholic elementary schools must continue to invest in the professional development of math and science teachers in order to prepare students for the challenging work that lies ahead of them. The purpose of the study was to examine the degree to which the Initiative for Catholic Schools (ICS), a 2-year professional development program for science and math teachers, demonstrated positive outcomes within the context of Catholic elementary education across the five levels of impact for a professional development program: participants’ reactions, participants’ learning, organization support and change, participants’ use of new knowledge and skills, and student learning outcomes. The results …

Faculty Senate Meeting Agenda And Minutes, June 1, 2009

Faculty Senate Minutes and Agendas

Agenda and minutes from the Wright State University Faculty Senate Meeting held on, June 1, 2009.

Free For All A Free For All: The Supreme Court's Abdication Of Duty In Failing To Establish Standards For Indigent Defense, Jennifer M. Allen

Minnesota Journal of Law & Inequality

No abstract provided.

National Prison Rape Elimination Commission (Nprec) Report, Brenda V. Smith, Reggie B. Walton, John A. Kaneb, James E. Aiken, Jamie Fellner, Pat Nolan, Gustavus A. Puryear Iv, Cindy Struckman-Johnson, Margaret M. Chiara, Jenni Trovillion, Julia Dempewolf, Sobha Ketterer, Joya Taft-Dick, The Moss Group, Inc., National Academy Of Public Administration, Palladian Partners, Inc., The Raben Group, Vera Institute Of Justice, Sarah Alexander, Justin Barasky, Isra Bhatty, Amanda Bosquez, Michela Bowman, Angela Browne, Sharon Brett, Taavona Brooks, Christopher Britten, Alexander Busansky, Alissa Cambier, Christopher Campbell, Sherry Carroll, Kathleen Dennehy, Mara Dodson, Erica Drucker, Robert Dumond, Christopher Erlewine, Kathryn Fanlund, Rachel Farbiarz, Nicole Garnett, Mark Glaze, Tara Graham, Haley Griffin, Gabrielle Guzzardo, Allison Hastings, Jennifer Haymes, Kristen Henning, Jane Hereth, Richard Hoffman, Meaghan Hohl, Katharine Huffman, Henry Huggins, Leonard Jackson, Juliene James, Anita Khashu, Jessie Kirchner, Christy Lopez, Tony Marks, Pamala Micheaux, Marcia Morgan, Anadora Moss, Steven Newman, Emily Niedzwiecki, Robert Raben, Thomas Santaniello, Margo Schlanger, Kerri Sherlock Talbot, Jeff Shorba, Nina Siulc, Jessica St. John, Richard Tewksbury, L. Jackson Thomas Ii, Jennifer Trone, Jaime Yarussi, Jason Zeidenberg

Research Reports & White Papers

Commissioner Brenda V. Smith

Commissioner Brenda V. Smith is a Professor at American University’s Washington College of Law, where she teaches community and economic development law, legal ethics and women, and crime and law. Her research interests center on women in conflict with the law and on sexual abuse of individuals in custody. Professor Smith is also Project Director and Principal Investigator for the U.S. Department of Justice’s National Institute of Corrections Cooperative Agreement on Addressing Staff Sexual Misconduct with Offenders. She is an expert on issues affecting women in prison, a topic about which she has widely published and …

Parties, Interest Groups, And Systemic Change, Anthony Champagne

Missouri Law Review

If we are going to get from point A to B - if we are going to change a state system of judicial selection - what must be done? How does one get from a judicial election system to a merit-selection system? Generally it is going to take a state constitutional amendment to make the change. That is usually going to mean that a constitutional amendment must be approved by the legislature in order to be submitted to the people for a vote. To do this, key interest groups must be considered. The story of changing to merit selection is …

Commencement Program 2009, Loma Linda University

Commencement Programs

CONTENTS

2 | 2009 Events of Commencement

3 | The Academic Procession

4 | Significance of the Academic Regalia

5 | The Good Samaritan

6 | The Speakers

13 | The University Honorees

19 | The School Honorees

30 | The Program

• School of Medicine, 31
• School of Pharmacy, 46
• School of Dentistry, 51
• School of Science and Technology and School of Religion, 63
• School of Nursing, 71
• School of Allied Health Professions - Physical Therapy, 78
• School of Allied Health Professions, 86
• School of Public Health, 95

Reservations About Extending Bivens To Reservations: Seeking Monetary Relief Against Tribal Law Enforcement Officers For Constitutional Violations, Blake R. Bertagna

Pace Law Review

No abstract provided.

Happiness And Punishment, John Bronsteen, Christopher Buccafusco, Jonathan Masur

University of Chicago Law Review

This Article continues our project of applying new findings in the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. When a state decides how to punish criminal offenders, at least one important consideration is the amount of harm any given punishment is likely to inflict. It would be undesirable, for example, to impose greater harm on those who commit less serious crimes or to impose harm that rises to the level of cruelty. Our penal system fits punishments to crimes primarily by adjusting the size of monetary fines and the length of prison …

A Civil Right To Counsel: Closer To Reality, Clare Pastore

Loyola of Los Angeles Law Review

No abstract provided.

Access To Justice: A Broader Perspective, William C. Vickrey, Joseph L. Dunn, J. Clark Kelso

Loyola of Los Angeles Law Review

No abstract provided.

Psc 395.01: Public Policy Issues And Analysis, Jeffrey D. Greene

University of Montana Course Syllabi

No abstract provided.

Heinous, Atrocious, And Cruel: Apprendi, Indeterminate Sentencing, And The Meaning Of Punishment, W. David Ball

Faculty Publications

Under Apprendi v. New Jersey, any fact that increases an offender's maximum punishment must be found by a jury beyond a reasonable doubt. The Apprendi literature has focused on the allocation of power between judge and jury, ignoring entirely the role of the parole board in indeterminate sentences-that is, sentences which terminate in discretionary parole release. In an indeterminate sentence, a judge makes a pronouncement about the length of the prescriptive sentence to be imposed, but the parole board decides the actual sentence that is, in fact, imposed.

In this Article, I explore the Apprendi ramifications of indeterminate sentencing. In …

Participation In Victim–Offender Mediation: Lessons Learned From Observations, Patrick M. Gerkin

Peer Reviewed Publications

Victim–offender mediation has grown to establish itself among criminal justice practices as an alternative to traditionally retributive notions of justice. As the number of programs claiming to be restorative in nature continues to grow, victim–offender mediation programs are emerging as one of the state’s preferred delivery methods for restorative justice. Restorative practices, including victim–offender mediation, are inclusive practices. Participation is not only encouraged, it is a necessary element for victim–offender mediation to achieve restorative outcomes. Through the use of observations and content analysis of agreements produced in victim–offender mediation, this research uncovers several impediments to individual participation, including problems in …

We Have Met The Special Interests, And We Are They, Michael R. Dimino Sr.

Missouri Law Review

I have two major points. First, because there is no such thing as a general interest, it makes no sense to speak of "special" interests. Second, judicial decisions make policy. In so doing, they benefit certain interests at the expense of others, whether judges are selected by elections, appointments, or some hybrid system. So, it should not be surprising that politics pervades the choice of judges under every system used or considered today. No selection system may be capable of eliminating the power of interest groups, but the selection system may determine which of those interests are benefited. As a …