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2010

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Imprisonment And (Inequality In) Population Health, Christopher Wildeman Jan 2010

Imprisonment And (Inequality In) Population Health, Christopher Wildeman

University of Kentucky Center for Poverty Research Discussion Paper Series

This article extends research on the consequences of mass imprisonment and the factors shaping population health and health inequities by considering the effects of the imprisonment rate on population health and black-white inequality in population health using state-level panel data from the United States (1980-2004). My results imply that increases in the imprisonment rate harm population health, though the effects on the infant mortality rate and female life expectancy are more consistent than are the effects on male life expectancy. My results also imply that these health effects are concentrated among blacks, implicating mass imprisonment in the persistence of black-white …


Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram Jan 2010

Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram

UC Law Journal of Race and Economic Justice

Criminological accounts of penological discourse in the United States often focus on the transition to more punitive policies beginning in the late 1970s, which led the U.S. to top international charts of incarceration rates per capita. However, recent developments in punitive policies and practices suggest a reversal of the punitive pendulum. This article maps these developments, arguing that they represent the emergence of a new correctional discourse, called humonetarianism, which focuses on scarcity of resources and on cost-benefit analysis as its main raison d'être.

This article begins by tracing the history of humonetarianism, offering two complementary genealogies for this discourse. …


Constructing Legal Narratives: Law, Language And The Media, Jane Johnston, Rhonda Breit Jan 2010

Constructing Legal Narratives: Law, Language And The Media, Jane Johnston, Rhonda Breit

Graduate School of Media and Communications

This paper proposes using the theory of narratology to connect legal discourses and processes with the way the media translate the law into news. Focussing on the Australian context, it looks at the choice of language used by media in covering courts, how stories are told and retold within these primarily textual environments, as well as the selection processes used by journalists in covering these rounds. The paper extends the argument for a narratology of courts, to a narratology of court reporting, suggesting fundamental criteria of story, discourse and the interpretative context be examined. It foreshadows the need for a …


Comment On Canada (Prime Minister) V. Khadr (2010), Audrey Macklin Jan 2010

Comment On Canada (Prime Minister) V. Khadr (2010), Audrey Macklin

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

The Supreme Court of Canada judgment in Khadr rules that the Charter applies to the actions of Canadian officials who interrogated Omar Khadr in Guantánamo Bay. It rules that their conduct violated section 7 of the Charter. Although the Court acknowledges that a request for repatriation would be an effective remedy, it declines to order the government to take any specific action to remedy the violation, and simply declares that Khadr’s rights were and are being violated. This comment develops two points: The timidity of the remedial aspect of the judgment is presaged and enabled by a narrow and convoluted …


The U.S. And German Interpretations Of The Vienna Convention On Consular Relations: Is Any Constitutional Court Really Cosmopolitan?, Peter A. Heinlein Jan 2010

The U.S. And German Interpretations Of The Vienna Convention On Consular Relations: Is Any Constitutional Court Really Cosmopolitan?, Peter A. Heinlein

Maryland Journal of International Law

No abstract provided.


Constitutionalizing The Right Of Workers To Organize, Bargain And Strike: The Sight Of One Shoulder Shrugging, Harry W. Arthurs Jan 2010

Constitutionalizing The Right Of Workers To Organize, Bargain And Strike: The Sight Of One Shoulder Shrugging, Harry W. Arthurs

Comparative Research in Law & Political Economy

The Supreme Court of Canada may well conclude in Fraser that the Canadian Charter of Rights and Freedoms confers upon agricultural workers the full panoply of bargaining rights provided under contemporary Canadian collective bargaining legislation, from the right to be represented exclusively by the bargaining agent chosen by the majority, to the right to engage their employer in good faith negotiations, to the right to strike. If the Court does so, its decision will be greeted with delight by progressive legal scholars, proponents of countervailing power as a strategy of labour market regulation, and true believers in the potential of …


Introduction: Obstacles To The Development And Use Of Pharmacotherapies For Addiction, Richard C. Boldt Jan 2010

Introduction: Obstacles To The Development And Use Of Pharmacotherapies For Addiction, Richard C. Boldt

Journal of Health Care Law and Policy

No abstract provided.


The Virtues Of Pragmatism In Drug Policy, Richard J. Bonnie Jan 2010

The Virtues Of Pragmatism In Drug Policy, Richard J. Bonnie

Journal of Health Care Law and Policy

No abstract provided.


Harm Reduction And The American Difference: Drug Treatment And Problem-Solving Courts In Comparative Perspective, James L. Noland Jr. Jan 2010

Harm Reduction And The American Difference: Drug Treatment And Problem-Solving Courts In Comparative Perspective, James L. Noland Jr.

Journal of Health Care Law and Policy

No abstract provided.


Keeping Prevention In The Crosshairs: A Better Hiv Exposure Law For Maryland, Sara Klemm Jan 2010

Keeping Prevention In The Crosshairs: A Better Hiv Exposure Law For Maryland, Sara Klemm

Journal of Health Care Law and Policy

No abstract provided.


Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice Jan 2010

Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice

New Mexico Law Review

No abstract provided.


Incarcerated Adults Sentenced In Adult Criminal Court While Juveniles: Knowledge, Understanding, And Perceptions Of Their Sentences, Karen Miner-Romanoff Jan 2010

Incarcerated Adults Sentenced In Adult Criminal Court While Juveniles: Knowledge, Understanding, And Perceptions Of Their Sentences, Karen Miner-Romanoff

Walden Dissertations and Doctoral Studies

An estimated 200,000 juveniles are tried as adults yearly and receive punitive sentences intended to deter juvenile crime and increase public safety. Few qualitative studies on juveniles sentenced as adults and contradictory results indicate a need for further research. This study used a qualitative, phenomenological interpretive design, with the conceptual frameworks of general and specific deterrence and rational choice theories. In-depth interviews took place with 12 incarcerated adults serving sentences (24--540 months) for juvenile crimes. The research questions explored their knowledge of transfer laws and adult sentencing and perceptions of deterrence from future criminal activity. Coding of transcripts and audio …


Quality Indicators For Engineering And Technology Education, Michael Dyrenfurth, Mike Murphy, Gary Bertoline Jan 2010

Quality Indicators For Engineering And Technology Education, Michael Dyrenfurth, Mike Murphy, Gary Bertoline

Conference papers

In recent years the development and use of university rankings, comparisons, and/or league tables has become popular and several methodologies are now frequently used to provide a comparative ranking of universities. These rankings are often based on research and publication activity and also not uncommonly focus on indicators that can be measured rather than those that should be measured. Further, the indicators are generally examined for the university as a whole rather than for university divisions, departments or programs. Implicit also is that placement in the rankings is indicative of quality. This paper provides an overview of the methodologies used …


No Adult Left Behind: An Examination Of The Perception Of Parolees Toward The Ged And Its Possible Impact On Recidivism, Elisa Louise Bircher Jan 2010

No Adult Left Behind: An Examination Of The Perception Of Parolees Toward The Ged And Its Possible Impact On Recidivism, Elisa Louise Bircher

Criminology & Criminal Justice Theses - Archive

The purpose of this study is to examine the perception of offenders toward a general education degree. The data is compiled using a 27-question survey of offenders currently on parole and reporting to the Fort Worth II District Parole Office in Fort Worth, Texas. The research found that there are statistically significant differences between offenders who are on parole for the first time and those who have been on parole more than once. In general, offenders who have been on parole more than once perceive that acquiring a general education degree while they are incarcerated is more important than those …


Atrocity Crimes Litigation During 2009 , David Scheffer Jan 2010

Atrocity Crimes Litigation During 2009 , David Scheffer

Northwestern Journal of Human Rights

No abstract provided.


Course Design Based On The Kolb Learning Style As It Relates To Student Success In Online Classes, Edward John Perantoni Jan 2010

Course Design Based On The Kolb Learning Style As It Relates To Student Success In Online Classes, Edward John Perantoni

Dissertations

Educators are taught that differentiated instruction is important to ensuring that students are offered an opportunity to learn. As a result, student learning styles become important in the design of an online course. Certain students prefer group work, discussions, and brainstorming sessions all of which are part of the socialization process. Kolb related the ability of a student to learn through the socialization process to the accommodator and diverger learning styles. The researcher hypothesized that the development of a quality online course, as defined by NACOL, should include socialization techniques such as group work. Therefore, the purpose of this study …


Is Lawfare Worth Defining - Report Of The Cleveland Experts Meeting - September 11, 2010, Michael P. Scharf, Elizabeth Andersen Jan 2010

Is Lawfare Worth Defining - Report Of The Cleveland Experts Meeting - September 11, 2010, Michael P. Scharf, Elizabeth Andersen

Case Western Reserve Journal of International Law

This is the report of the Cleveland Experts Meeting.


State Obligations Regarding Domestic Violence: The European Court Of Human Rights, Due Diligence, And International Legal Minimums Of Protection, Lee Hasselbacher Jan 2010

State Obligations Regarding Domestic Violence: The European Court Of Human Rights, Due Diligence, And International Legal Minimums Of Protection, Lee Hasselbacher

Northwestern Journal of Human Rights

Over the last two decades, international human rights instruments, decisions, and dedicated advocates have advanced the understanding of domestic violence. Once considered a private act committed with widespread impunity, domestic violence is now viewed as a human rights violation that states have a responsibility to address. This article will trace the history of this progression and the emergence of a "due diligence" standard to assess a state's response to domestic violence. The first half of the article will examine the recognition of the due diligence standard as a rule of customary international law with increasingly defined state obligations. The second …


Prosecuting Atrocity Crimes In National Courts: Looking Back On 2009 In Bosnia And Herzegovina , David Schwendiman Jan 2010

Prosecuting Atrocity Crimes In National Courts: Looking Back On 2009 In Bosnia And Herzegovina , David Schwendiman

Northwestern Journal of Human Rights

No abstract provided.


Atrocity Crimes Litigation: Year-In-Review (2009) Conference Abridged Transcript , David Scheffer Jan 2010

Atrocity Crimes Litigation: Year-In-Review (2009) Conference Abridged Transcript , David Scheffer

Northwestern Journal of Human Rights

No abstract provided.


Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of "Defamation Of Religion", Robert C. Blitt Jan 2010

Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of "Defamation Of Religion", Robert C. Blitt

Northwestern Journal of Human Rights

The emerging international human rights norm of "defamation of religion," an ongoing flashpoint in debates at the United Nations (UN) and elsewhere, merits the attention of all parties playing a role in the drafting of new bills of rights. This article uses the case study of defamation of religion, as an emerging norm and the current debate over a possible Australian bill of rights, to argue that a well-rounded drafting process. This drafting process should contemplate the relevancy and impact of emerging norms as a means of enhancing the process, deepening domestic understanding of rights, and ensuring an outcome instrument …


Children Left Behind Bars: Sullivan, Graham, And Juvenile Life Without Parole Sentences, Tera Agyepong Jan 2010

Children Left Behind Bars: Sullivan, Graham, And Juvenile Life Without Parole Sentences, Tera Agyepong

Northwestern Journal of Human Rights

The practice of sentencing children to life in prison without parole is not only a misguided violation the standards of decency in U.S. law, but also a violation of international human rights law as well. The Supreme Court had the opportunity to eradicate the practice of sentencing children to LWOP when it heard the cases of and . However, the Court ruled that LWOP sentences would only be prohibited in cases where children committed non-homicide offenses. The Supreme Court should have categorically banned juvenile LWOP because it violates both domestic and international human rights law and has a disparate impact …


Time And The Courts: What Deadlines And Their Treatment Tell Us About The Litigation System, Catherine T. Struve Jan 2010

Time And The Courts: What Deadlines And Their Treatment Tell Us About The Litigation System, Catherine T. Struve

DePaul Law Review

No abstract provided.


The 9/11 Commission And The White House: Issues Of Executive Privilege And Separation Of Powers, Daniel Marcus Jan 2010

The 9/11 Commission And The White House: Issues Of Executive Privilege And Separation Of Powers, Daniel Marcus

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Dancecult Bibliography: Books, Articles, Theses, Lectures, And Films About Electronic Dance Music Cultures, Eliot Bates Jan 2010

Dancecult Bibliography: Books, Articles, Theses, Lectures, And Films About Electronic Dance Music Cultures, Eliot Bates

Publications and Research

Dancecult is a forum for the electronic dance music culture (EDMC) research network, whose doors opened in April, 2005. Presently, Dancecult manifests as a mailing list and rich informational website. With around 180 members (and growing) worldwide, Dancecult-l is an interdisciplinary mailing list for graduate students, scholars, and other parties interested in the study and documentation of EDMCs from proto-disco through post-rave formations. As a critical information exchange hub, Dancecult-l enables resource sharing and collaboration between international researchers of club cultures, raves, techno, electronica, doof, digital arts and other manifestations of EDMC. Members come from various different disciplines, operating in …


View From The Trenches: The Struggle To Free William Richards, Jan Stiglitz Jan 2010

View From The Trenches: The Struggle To Free William Richards, Jan Stiglitz

Faculty Scholarship

This article discusses the circumstantial evidence against a wrongly convicted man and the California Innocence Project's efforts to seek his release.


"And I Don't Know Why It Is That You Threw Your Life Away": Abolishing Life Without Parole, The Supreme Court In Graham V. Florida Now Requires States To Give Juveniles Hope For A Second Chance, Leslie Culver Jan 2010

"And I Don't Know Why It Is That You Threw Your Life Away": Abolishing Life Without Parole, The Supreme Court In Graham V. Florida Now Requires States To Give Juveniles Hope For A Second Chance, Leslie Culver

Faculty Scholarship

Terrance Graham pled guilty to armed burglary with assault or battery and attempted armed robbery when he was sixteen years old. He was sentenced to prison for the rest of his life. Like Roe v. Wade made history by forcing this country to consider the morality of abortion, so too will the United States Supreme Court's decision in Graham v. Florida make history by challenging the morality of sentencing juveniles for the rest of their lives. After firmly abolishing the death penalty for all juvenile offenders under the age of eighteen, as a violation of the Eighth Amendment's Cruel and …


The California Public Defender: Its Origins, Evolution And Decline, Laurence A. Benner Jan 2010

The California Public Defender: Its Origins, Evolution And Decline, Laurence A. Benner

Faculty Scholarship

No abstract provided.


Why Did China Reform Its Death Penalty?, Kandis Scott Jan 2010

Why Did China Reform Its Death Penalty?, Kandis Scott

Faculty Publications

China recently reformed its death penalty laws, and as a result the government has executed fewer prisoners. The author explores possible reasons and policy concerns behind China's legal reform. These influences include international forces and domestic factors, such as the media, changed circumstances, compassion, and politics. Although hardly transparent, the underlying motivations for the revisions suggest that eventually China may abolish capital punishment, perhaps even before the United States does so.


Adjutant And Internal Affairs: Making The Case For Access To Evidence Of A Police Officer's Propensity For Violence, Luke Ryan, Molly R. Strehorn Jan 2010

Adjutant And Internal Affairs: Making The Case For Access To Evidence Of A Police Officer's Propensity For Violence, Luke Ryan, Molly R. Strehorn

Western New England Law Review

No abstract provided.