Digital Commons Network^™

On The Use And Abuse Of Standards For Law: Global Governance And Offshore Financial Centers, Richard K. Gordon

North Carolina Law Review

No abstract provided.

Sex And Setting: A Look At Operational And Organizational Stress In Policing, Laura Anne Lundell

Honors Program Theses

Several studies have looked at how the sex of an officer may or may not influence stress levels within the setting of municipal departments but very little research regarding gender and stress can be found for officers on university or college campuses (Burke, Richardsen & Martinussen, 2006; He, Zhao & Archbold, 2002; Lilly, Pole, Best, Metzler & Marmar 2009; Morash, Haarr & Kwak, 2006; Norvell, Hills & Murrin 1993). Similarly, when sex is looked at as it relates to stress, research is lacking in whether men and women officers experience or are affected differently from operational and organizational stress.

For …

Bulletin 2010-2011, Seattle University School Of Law

Viewbooks

No abstract provided.

One Step At A Time: Reforming Drug Diversion Programs In California, Megan N. Krebbeks

Chapman Law Review

No abstract provided.

Closing The Back Door On Illegal Immigration: Over Two Decades Of Ineffective Provisions While Solutions Are Just A Few Words Away, Phi Mai Nguyen

Chapman Law Review

No abstract provided.

Evaluating The Deterrent Effect Of Capital Punishment On Crime, Permiterio Leocadio

Dissertations and Theses

Many researchers, academics or philosophers see capital punishment as a deterrent to crime. Several states in the United States apply the death penalty to try to reduce crime. Other states do not agree with the application of this repressive law arguing that a crime should not be solved with another crime. From a theoretical view, the principal point of analysis about capital punishment in this present work is to state that capital punishment can reduce crime. Here also it will be examined some of the collateral consequences of the application of capital punishment, and its implications for the Criminal Justice …

Slipping Away From Justice: The Effect Of Attorney Skill On Trial Outcomes, Jennifer B. Shinall

Vanderbilt Law Review

Fred Goldman blamed the defense attorneys when a Los Angeles jury found O.J. Simpson not guilty of murdering his son, Ron Goldman, and Nicole Brown Simpson on October 3, 1995. Yet Goldman was not the only one who blamed the defense attorneys for the acquittal; much of the media agreed that Simpson was guilty and had escaped his rightful punishment. As one New York Times reporter lamented, "To watch Mr. Simpson slip away from justice ... was an infuriating sight." People who believed in Simpson's guilt cited Johnnie Cochran's decision to "play the race card" and his clever catch phrases …

To Catch A Predator Or To Save His Marriage: Advocating For An Expansive Child Abuse Exception To The Marital Privileges In Federal Courts, Emily C. Aldridge

Fordham Law Review

In prosecutions for child abuse, the government’s most valuable witness is often the defendant’s spouse. Ordinarily, the marital privileges allow a witness to refuse to testify or a defendant to bar his or her spouse’s testimony. When a defendant is on trial for a crime committed against a child, however, the privileges are unavailable. Although this exception aims to serve justice on behalf of innocent children, its applicability often hinges on the relationship between perpetrator and victim. In some federal courts, the minor victim must be the child or stepchild of the defendant, while others have held the exception applicable …

Matters Of Public Safety And The Current Quarrel Over The Scope Of The Quarles Exception To Miranda, Rorie A. Norton

Fordham Law Review

In October 1984, the Burger Court set forth an exception to the Miranda doctrine in New York v. Quarles permitting officers to intentionally abstain from administering Miranda warnings to suspects where a threat to the safety of the public or officers exists. However, latent ambiguity arising from the Quarles decision authored by Justice William Rehnquist has resulted in a split among the federal courts of appeals as to what constitutes a “public safety threat.” Some courts broadly extend the Quarles exception to inherently dangerous situations, including the threat of an officer mishandling an undiscovered weapon. Other courts narrowly apply Quarles …

A Sense Of Duty: The Illusory Criminal Jurisdiction Of The U.S./Iraq Status Of Forces Agreement, Chris Jenks

Faculty Journal Articles and Book Chapters

The Status of Forces Agreement (SOFA) between the U.S. and Iraq entered force on January 1, 2009 and established the legal framework by which U.S. personnel continue to operate in Iraq. The SOFA followed lengthy and contentious negotiations, which many commentators claim that Iraq “won,” extracting significant concessions from the U.S. in the process. While that may true in some areas, the opposite seems to be the case in one of the most contentious areas of this or any SOFA – criminal jurisdiction over service members. This article examines the criminal jurisdiction article of the Iraq SOFA and posits that …

Introductory Note To The United States Supreme Court: Graham V. Florida & The Federal Court Of Australia: Habib V. Australia, Chris Jenks

Faculty Journal Articles and Book Chapters

This introductory note considers two different and completely unrelated cases: Graham, a U.S. Supreme Court criminal case on the cruel and unusual punishment clause of the U.S. Constitution and Habib, an Australian civil case involving a former Guantanamo Bay detainee. This note focuses on one aspect of the disparate nature of the cases, starkly contrasting judicial attitudes towards the role of “foreign law” in domestic jurisprudence. Juxtaposed, the two cases offer an interesting view of not only the obvious differences between the U.S. inward and the Australian outward looking judicial philosophies, but perhaps a broader sense of how the two …

Legal Ethics In International Criminal Defense, Jenia I. Turner

Faculty Journal Articles and Book Chapters

This paper examines the new and complex dilemmas facing defense attorneys who represent clients before international criminal courts. It argues that the unique features and goals of international criminal trials demand a distinct approach to resolving some of these ethical dilemmas. In particular, the goals of international trials are broader and often more political than those of ordinary domestic trials, and the applicable procedures are a unique hybrid of the inquisitorial and adversarial traditions. Moreover, some of the justifications for aggressive defense at the domestic level - such as discouraging disengaged advocacy and protesting overly harsh punishments - are less …

(When) Should Family Status Matter In The Criminal Justice System, Jennifer M. Collins, Ethan J. Leib, Dan Markel

Faculty Journal Articles and Book Chapters

Last year, we published a book entitled Privilege or Punish: Criminal Justice and the Challenge of Family Ties (Oxford 2009). Recently, the New Criminal Law Review published a series of provocative and challenging reviews of this book by Professors Doug Berman, Naomi Cahn, and Jack Chin. Needless to say, we appreciate their very kind words about our project and its contributions.

In this Essay, however, our focus will be on responding to the interesting criticisms lodged against our book; we hope to do so in a way that is helpful in advancing the conversation about the intersection between criminal justice …

Toward A General Theory Of Standards Of Proof, Frederick E. Vars

Catholic University Law Review

No abstract provided.

Mennonite College Of Nursing Annual Report, 2009-2010, Mennonite College Of Nursing

Annual Reports - Mennonite College of Nursing

Annual report of the Mennonite College of Nursing at Illinois State University

On The Rhetorical Invention Of A Failed Project: A Critical Response To Skeel's Assessment Of Christian Legal Scholarship, David S. Caudill

Seton Hall Law Review

No abstract provided.

The Right To Voice Reprised, Christopher Slobogin

Seton Hall Law Review

No abstract provided.

Performance Management Process Report: John Jay College Year End Results 2009-2010, John Jay College Of Criminal Justice

Reports and Publications from John Jay College

No abstract provided.

A New (Virtual) World Order: A Look At Criminal Activity In Online Communities, J Matthew Johnson

Student Works

No abstract provided.

A Structural Vision Of Habeas Corpus, Eve Brensike Primus

Articles

As scholars have recognized elsewhere in public law, there is no hermetic separation between individual rights and structural or systemic processes of governance. To be sure, it is often helpful to focus on a question as primarily implicating one or the other of those categories. But a full appreciation of a structural rule includes an understanding of its relationship to individuals, and individual rights can both derive from and help shape larger systemic practices. The separation of powers principle, for example, is clearly a matter of structure, but much of its virtue rests on its promise to help protect the …

Intimate Partner Violence Among Latinas In Central Alabama: Sociodemographic Characteristics, Perceptions Of Abuse, And Help-Seeking Behaviors, Angela Boy

All ETDs from UAB

This study utilized a cross-sectional design to survey 272 Latinas in the Birmingham metropolitan area and interview 29 Latinas who were known victims of IPV in the community. Prevalence, socio-demographic characteristics, perceptions of abuse, and help-seeking behaviors were examined, and the psychometric properties of the Woman Abuse Screening Tool (WAST) were assessed. Survey findings indicated current and lifetime IPV prevalence rates of 39.4% and 44.9%, respectively, among women aged 19-55. Victims were 1.9 times more likely to have been born in Central/South America than non-victims. Survey respondents had an average score of 32.5 (range 11-44) on the Perceptions of Abuse …

Safe At Home? Assessing U.S. Efforts To Protect Youths From The Effects Of Performance-Enhancing Drugs In Sports, Steve Silverberg

Brooklyn Journal of International Law

No abstract provided.

The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deobrah M. Weissman, Marsha Weissman

Brooklyn Journal of International Law

No abstract provided.

Justifying Compensation By The International Criminal Court's Victims Trust Fund: Lessons From Domestic Compensation Schemes, Frederic Megret

Brooklyn Journal of International Law

No abstract provided.

The First Amendment Implications Of Sexting At Public Schools: A Quandary For Administrators Who Intercept Visual Love Notes, Robert H. Wood

Journal of Law and Policy

No abstract provided.

The Next Step: The Future Of New York State's Human Trafficking Law, Marisa Nack

Journal of Law and Policy

No abstract provided.

Organizational Liability And The Tension Between Corporate And Criminal Law, Miriam H. Baer

Journal of Law and Policy

No abstract provided.

Sanctioning Corporations, Meir Dan-Cohen

Journal of Law and Policy

No abstract provided.

None Of Their Business: The Need For Another Alternative To New York's Bail Bond Business, Andrea Clisura

Journal of Law and Policy

No abstract provided.

Absent Accountability: How Prosecutorial Impunity Hinders The Fair Administration Of Justice In America, Scott J. Krischke

Journal of Law and Policy

No abstract provided.