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2010

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Corporal Punishment In The Public Schools: An Analysis Of Federal Constitutional Claims, Courtney Mitchell Apr 2010

Corporal Punishment In The Public Schools: An Analysis Of Federal Constitutional Claims, Courtney Mitchell

Law and Contemporary Problems

No abstract provided.


The State In Disarray: Us Oversight Of Private Security Contractors, Rebecca A. Bernard Apr 2010

The State In Disarray: Us Oversight Of Private Security Contractors, Rebecca A. Bernard

Pell Scholars and Senior Theses

“Putting mercy back in mercenary” became the slogan of Blackwater Worldwide after harsh criticism from the media tarnished their image. Blackwater is just one example of a private firm working for the US government. The War in Iraq that began in 2003 had for the first time, contractors performing security functions for military men in an unstable environment (Elsea). Given the heightened reliance on PSCs from the Department of State and Department of Defense, the US government has taken on the burden of establishing regulations to govern their actions and hold them accountable. On September 16, 2007, Blackwater security personnel …


Corporate Governance In The Courtroom: An Empirical Analysis, Jessica Erickson Apr 2010

Corporate Governance In The Courtroom: An Empirical Analysis, Jessica Erickson

William & Mary Law Review

Conventional wisdom is that shareholder derivative suits are dead. Yet this death knell is decidedly premature. The current conception of shareholder derivative suits is based on an empirical record limited to suits filed in Delaware or on behalf of Delaware corporations, leaving suits outside this sphere in the shadows of corporate law scholarship. This Article aims to fill this gap by presenting the first empirical examination of shareholder derivative suits in the federal courts. Using an original, hand-collected data set, my study reveals that shareholder derivative suits are far from dead. Shareholders file more shareholder derivative suits than securities class …


Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Part 2, Paul Marcus, Vicki Waye Apr 2010

Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Part 2, Paul Marcus, Vicki Waye

Faculty Publications

No abstract provided.


Dialogue Magazine, Spring 2010 Apr 2010

Dialogue Magazine, Spring 2010

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.


A Cup Of Coffee After The Waterboard: Seemingly Voluntary Post-Abuse Statements, Gregory S. Mcneal Apr 2010

A Cup Of Coffee After The Waterboard: Seemingly Voluntary Post-Abuse Statements, Gregory S. Mcneal

DePaul Law Review

No abstract provided.


Robinson Everett: The Citizen-Lawyer Ideal Lives On, David F. Levi Apr 2010

Robinson Everett: The Citizen-Lawyer Ideal Lives On, David F. Levi

Duke Law Journal

No abstract provided.


Public Attitudes Toward Crime And Incarceration In Finland, Ikponwosa O. Ekunwe, Richard S. Jones, Kaley Mullin Apr 2010

Public Attitudes Toward Crime And Incarceration In Finland, Ikponwosa O. Ekunwe, Richard S. Jones, Kaley Mullin

Social and Cultural Sciences Faculty Research and Publications

The following paper provides insights into Finland’s criminal justice system and discusses the policies that emphasize using prison for rehabilitation, not merely for punishment. These methods of prevention and rehabilitation, in conjunction with correctional and educational staff within and outside the prison walls, have contributed to consistently low recidivism rates in Finland. This study discusses many ideological similarities between public opinions towards criminals and crime in Finland and the United States. Like Americans, Finns are intolerant of crime and violence, yet open to the idea of alternative forms of punishment, especially for non-violent and juvenile offenders. People in both countries …


The Criminalization Of Homelessness, Sarah Mckenzie Prather Apr 2010

The Criminalization Of Homelessness, Sarah Mckenzie Prather

UNLV Theses, Dissertations, Professional Papers, and Capstones

The current study is an analysis of the problem of homelessness in American society today. It focuses on the demographic characteristics of the homeless in addition to some of the contributing factors that explain homelessness. Of particular concern is how the criminal justice system responds to homelessness, including the criminalization and stigmatization of homeless individuals and the implications of such a response. The data used in this study come from a recent survey conducted in a jail setting in a northwest city. The present study compares those who have been homeless at one time or another and those who have …


Perspectives, Spring 2010, Western New England College School Of Law Apr 2010

Perspectives, Spring 2010, Western New England College School Of Law

Perspectives Alumni Magazine

No abstract provided.


Ballistic Missile Defense: Past And Future, Jacques S. Gansler Apr 2010

Ballistic Missile Defense: Past And Future, Jacques S. Gansler

Books

To help put the potential value of a national missile defense system in perspective, consider three scenarios, one modeled on a historical event, the other two hypothetical. These three scenarios make a point argued by proponents of continued exploration and deployment of ballistic missile defense systems: that it is essential to give future Presidents of the United States options for defending the homeland against missile attack.


Book Review: Legal Institutions And Collective Memories, By Susanne Karstedt (Ed), Penelope Penny Andrews Apr 2010

Book Review: Legal Institutions And Collective Memories, By Susanne Karstedt (Ed), Penelope Penny Andrews

Osgoode Hall Law Journal

No abstract provided.


Gender Matters, Volume 15, Issue 4, April/May 2010, Women's, Gender, And Sexuality Studies Program Apr 2010

Gender Matters, Volume 15, Issue 4, April/May 2010, Women's, Gender, And Sexuality Studies Program

Gender Matters (2006-2011)

A bulletin of the Illinois State University Women’s and Gender Studies program, Volume 15, Issue 4, April/May 2010.


Milner Matters, Spring 2010, Illinois State University, Milner Library Apr 2010

Milner Matters, Spring 2010, Illinois State University, Milner Library

Milner Matters (2006-2012)

Newsletter for library science alums, librarians who are Illinois State University graduates, and the Friends of Milner Library


Earmstrong, Armstrong Atlantic State University Apr 2010

Earmstrong, Armstrong Atlantic State University

Armstrong News & Publications: e-Armstrong Newsletter (Archived)

No abstract provided.


Is Religion A One-Trick Pony?: An Empirical Study Of The Impact Of Religious Affiliation On Voting In Congress, Nate Wheatley Apr 2010

Is Religion A One-Trick Pony?: An Empirical Study Of The Impact Of Religious Affiliation On Voting In Congress, Nate Wheatley

Res Publica - Journal of Undergraduate Research

Many studies have quantified the effect of religious affiliation on abortion-related issues. However, reading the “statements of principles” for many religious denominations, it is clear these bodies have positions on issues other than abortion. This paper attempts to tease out any influence affiliation might have on voting behavior in Congress when dealing with some “other” issues on which major faiths still have an expressed interest (i.e. political stance). Using a binary logistic regression, it is found that affiliation’s effects are inconsistent. In some cases, affiliation is insignificant, but in others affiliation is significant.


An Interdisciplinary Theoretical Interpretive Synthesis Examining The Barriers To Implementing Restorative Justice As The Standard Paradigm Of Adult Criminal Justice Within The Context Of The United States, Matthew J. Van Maastricht Apr 2010

An Interdisciplinary Theoretical Interpretive Synthesis Examining The Barriers To Implementing Restorative Justice As The Standard Paradigm Of Adult Criminal Justice Within The Context Of The United States, Matthew J. Van Maastricht

Masters Theses

A systemic paradigm shift of any sort is complex and multifaceted. A systemic paradigm shift of justice is no different. The purpose of this study is to identify the barriers that exist in a systemic paradigm shift from retributive justice to restorative justice. The methodology for this study is an interpretive synthesis of literature on restorative justice and consists of primarily theoretical literature. The literature for this study came from a variety of disciplines (e.g. psychology, criminal justice, sociology, and social work) in order to obtain a holistic perspective. A tripartite analysis was conducted using three perspectives: criminal justice, social …


An Interdisciplinary Theoretical Interpretive Synthesis Examining The Barriers To Implementing Restorative Justice As The Standard Paradigm Of Adult Criminal Justice Within The Context Of The United States, Matthew J. Van Maastricht Apr 2010

An Interdisciplinary Theoretical Interpretive Synthesis Examining The Barriers To Implementing Restorative Justice As The Standard Paradigm Of Adult Criminal Justice Within The Context Of The United States, Matthew J. Van Maastricht

Masters Theses

A systemic paradigm shift of any sort is complex and multifaceted. A systemic paradigm shift of justice is no different. The purpose of this study is to identify the barriers that exist in a systemic paradigm shift from retributive justice to restorative justice. The methodology for this study is an interpretive synthesis of literature on restorative justice and consists of primarily theoretical literature. The literature for this study came from a variety of disciplines (e.g. psychology, criminal justice, sociology, and social work) in order to obtain a holistic perspective. A tripartite analysis was conducted using three perspectives: criminal justice, social …


Attitudes Towards Megan's Law And Juvenile Sex Offenders, Debra Lee Cochrane Apr 2010

Attitudes Towards Megan's Law And Juvenile Sex Offenders, Debra Lee Cochrane

UNLV Theses, Dissertations, Professional Papers, and Capstones

Sex offender registration laws are very controversial. All fifty states require adult sex offenders to register. Twenty-eight states have extended registration and community notification requirements to juveniles (Hiller, 1998). These states seem to have failed to look at the uniqueness of juvenile sex offending. Juveniles have a very low recidivism rate and complex issues of culpability from age-of-consent laws. Applying Megan's Law to juveniles could have considerable negative consequences for juveniles' social development, particularly because one of the main stipulations of the law requires the juvenile to notify their school. Rehabilitation is a key factor of the juvenile justice system …


Lawyering At The Intersection Of Public Law And Legal Ethics: Government Lawyers As Custodians Of The Rule Of Law, Adam M. Dodek Apr 2010

Lawyering At The Intersection Of Public Law And Legal Ethics: Government Lawyers As Custodians Of The Rule Of Law, Adam M. Dodek

Dalhousie Law Journal

Government lawyers are significant actors in the Canadian legal profession, yet they are largely ignored by regulators and by academic scholarship. The dominant view of lawyering fails to adequately capture the unique role of government lawyers. Government lawyers are different from other lawyers by virtue of their role in creating and upholding the rule of law Most accounts of government lawyers separate public law duties of government from ethical duties of lawyers; for example, acknowledging the "public interest" role ofgovernment lawyers but asserting that this has no impact on their ethical duties as lawyers. Instead of this compartmentalized approach, this …


Reading The Judicial Mind: Predicting The Courts' Reaction To The Use Of Neuroscientific Evidence For Lie Detection, Jennifer Chandler Apr 2010

Reading The Judicial Mind: Predicting The Courts' Reaction To The Use Of Neuroscientific Evidence For Lie Detection, Jennifer Chandler

Dalhousie Law Journal

How will the courts react to the emerging technology ofdetecting deception using neuroscientific methods such as neuro-imaging? The sociological theory of the autonomy of technology suggests that if neuroscientific techniques come to be seen as reliable for this purpose, other objections will soon be abandoned. The history of the judicial reaction to DNA evidence illustrates this pattern. As DNA evidence came to be seen as highlyreliable, the courts rapidly abandoned their concerns that juries would be overwhelmed by the "mystique of science" and that the justice system would be "dehumanized." The legaljustifications for rejecting polygraph evidence are explored in order …


The Collateral Consequences Of Masculinizing Violence, Jamie Abrams Apr 2010

The Collateral Consequences Of Masculinizing Violence, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Before an enraged gunman fired thirty-six deadly shots into an exercise class filled with women, on August 4, 2009, in Pennsylvania, he blogged that his killing spree was the result of his failure to meet society’s expectations of him as a man. This violent act tragically affirms that hegemonic masculinity – a dominant form of masculinity whereby some types of men have power over women and over some other men – can directly cause violence against women and reveals both the underlying connection between masculinities scholarship and feminist scholarship and the value in exploring that linkage further in both theory …


The Gender Representation Of Ph.D. Departments In Sociology: A Comparative Analysis Of Top 30 Ranked And Bottom 30 Ranked Departments In 1992 And 2002, Green Kim Apr 2010

The Gender Representation Of Ph.D. Departments In Sociology: A Comparative Analysis Of Top 30 Ranked And Bottom 30 Ranked Departments In 1992 And 2002, Green Kim

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study was to link existing rank hierarchy among faculty members to gender and examine whether gender inequality still exists in Ph.D. departments in sociology. The sample included 2421 faculty members from the American Sociological Association (ASA) 1992 and 2002 Guide to Graduate Departments of Sociology. This study proposed that gender representation differed between the top ranked sociology departments and the bottom ranked schools, but this has changed over the ten-year period. Departmental rankings and faculty members' gender, Ph.D. degrees, and ranks were used to understand the relationships between the rankings of departments and representation of gender …


Forever Changed: The Transformation Of Rural America Through Immigration, Maha N. Younes Ph.D., Elizabeth A. Killip Apr 2010

Forever Changed: The Transformation Of Rural America Through Immigration, Maha N. Younes Ph.D., Elizabeth A. Killip

Contemporary Rural Social Work Journal

This qualitative case study reveals the impact of immigration on one rural Midwestern community and its longtime residents. The 123 phone interviews and sessions conducted with two focus groups provide compelling insights into residents’ perceptions of immigration and immigrants as well as their ensuing personal and collective struggle with and adaptation to an immigration process that forever changed the community. The residents offer prudent insights for policy makers, immigrants, and other communities facing similar challenges. While the focus of the study is on the macro conversion of the community through the eyes of its residents, the author stresses the need …


Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith Apr 2010

Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith

Michigan Law Review

The title of Daniel Markovits's book, A Modern Legal Ethics, gives the impression that it is a comprehensive treatise on contemporary lawyers' ethics. The contents of the book, however, are both more limited and more expansive than the title suggests. Markovits's treatment of lawyers' ethics concerns itself with what he conceives to be the pervasive guilty conscience of practicing lawyers over their "professional viciousness" (p. 36), and how lawyers can achieve a guilt-free professional identity "worthy of ... commitment" (p. 2). Markovits's goal in the book is to "articulat[e] a powerful and distinctively lawyerly virtue" (p. 2), one that …


Can Criminal Law Be Controlled?, Darryl K. Brown Apr 2010

Can Criminal Law Be Controlled?, Darryl K. Brown

Michigan Law Review

It is a bizarre state of affairs that criminal law has no coherent description or explanation. We have standard tropes to define criminal law, but they obscure as much as they clarify and are honored in the breach as much as the rule. Crimes, for instance, are defined by wrongdoing and culpability; to be guilty, one must do a wrongful act in a blameworthy manner, that is, as a responsible agent without excuse or justification. And crimes define public wrongs, which are distinct from private wrongs. Further, we criminalize only harmful conduct, or risk-creating conduct, or immoral conduct, or conduct …


Why Care About Mass Incarceration?, James Forman Jr. Apr 2010

Why Care About Mass Incarceration?, James Forman Jr.

Michigan Law Review

Advocates for less punitive crime policies in the United States face long and dispiriting odds. The difficulty of the challenge becomes clear if we compare our criminal justice outcomes with those of other nations: We lock up more people, and for longer, than anyone else in the world. We continue to use the death penalty long after Europe abandoned it, we are the only country in the world to lock up juveniles for life, and we have prisoners serving fifty-year sentences for stealing videotapes from Kmart. Our courts offer little relief: the German Constitutional Court prohibits a sentence of life …


Appealing To The Legislature: A Comparative Analysis Of The Georgia Statutes Regarding Evidence Preservation And Access To Post-Conviction Dna Testing, Joy D. Aceves-Amaya Mar 2010

Appealing To The Legislature: A Comparative Analysis Of The Georgia Statutes Regarding Evidence Preservation And Access To Post-Conviction Dna Testing, Joy D. Aceves-Amaya

University of the District of Columbia Law Review

DNA evidence testing is the leading cause of exonerations in criminal cases throughout the United States.2 Yet, without the preservation of evidence in these cases and the ability to subject this evidence to advancing technology in DNA testing, many claims of innocence go unheard and defendants remain incarcerated while the real perpetrators of crime go unpunished. As of September 2009, seven Georgia men have been exonerated by post-conviction DNA testing.3 Such exonerations should be considered "victories for our criminal justice system: they free the innocent, correct miscarriages of justice that undermine public confidence in our criminal justice system, and allow …


Is Mixed-Income Development An Antidote To Urban Poverty?, Mark L. Joseph Mar 2010

Is Mixed-Income Development An Antidote To Urban Poverty?, Mark L. Joseph

Faculty Scholarship

I critically assess the potential for mixed-income development as a means of helping lift families in U.S. inner cities out of poverty. I identify four main propositions for the promise of mixed-income development, provide a conceptual framework that delineates the pathways through which mixed-income development can be hypothesized to improve the quality of life for the urban poor, and review the evidence from existing research on the relevance of these propositions. Because of the scale and possible elimination of the HOPE VI (Housing Opportunities for People Everywhere) program, I pay particular attention to what we have learned from it. The …


Grand Valley Forum, Volume 034, Number 27, March 29, 2010, Grand Valley State University Mar 2010

Grand Valley Forum, Volume 034, Number 27, March 29, 2010, Grand Valley State University

2009-2010, Volume 34

Grand Valley Forum is Grand Valley State's faculty and staff newsletter, published from 1976 to the present.