Digital Commons Network^™

When Family Matters, Alafair Burke

Hofstra Law Faculty Scholarship

In Privilege or Punish: Criminal Justice and the Challenge of Family Ties, Dan Markel, Jennifer Collins, and Ethan Leib make an important contribution to the growing literature on criminal law and families by documenting the ways that criminal law advantages and burdens actors based on familial status and identifying the potential harms that are unleashed when criminal law recognizes family status. This Feature seeks to complement that contribution by situating the authors’ observations within the context of two considerations beyond Privilege or Punish’s immediate focus: chronological trends and the practical realities that can shape application of formal law. By distinguishing …

Zealous Representation: The Pervasive Ethic, Monroe Freedman, Abbe Smith

Hofstra Law Faculty Scholarship

Closely related to the concept of client autonomy is the lawyer’s obligation to give “entire devotion to the interest of the client, warm zeal in the maintenance and defense of his rights and the exertion of [the lawyer’s] utmost learning and ability.” The ethic of zeal is a “traditional aspiration” that was already established in Abraham Lincoln’s day, and continues today to be “the fundamental principle of the law of lawyering” and “the dominant standard of lawyerly excellence.”

Amendment 706 To The U.S. Sentencing Guidelines: Not All It Was Cracked Up To Be, Brian Crowell

Villanova Law Review (1956 - )

No abstract provided.

Symposium Introduction, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Assessing Knowledge, Attitudes, And Beliefs Of Teachers In Alabama Concerning Comprehensive Hiv Education, Steven Brent Powell

All ETDs from UAB

The Alabama State Department of Education has guidelines for educators to insure HIV information is taught by teachers starting in fifth grade (Alabama Course of Study: Health Education, 2009). As assessed by The School Health Profile (Profiles), 55% of Alabama teachers received professional development on HIV/AIDS. In addition, less than half of grades 9-12 teachers taught how condoms work, the importance of consistent condom use, and how to obtain condoms (U.S. Department of Health and Human Services, 2009). The Youth Risk Behavior Surveillance Survey (YRBSS) administered to grades 9-12 determined that 57% of youth in Alabama are sexually active, with …

Tragic Consequences Of Deadly Dilemmas: A Response To Allen And Laudan, D. Michael Risinger

Seton Hall Law Review

No abstract provided.

Rodrigo's Reconsideration: Intersectionality And The Future Of Critical Race Theory, Richard Delgado

Articles

No abstract provided.

The Making Of The Attorney General: John Mitchell And The Crimes Of Watergate Reconsidered, Gerald Caplan

McGeorge School of Law Scholarly Articles

No abstract provided.

Mainstreaming Civil Rights In The Law School Curriculum: Criminal Law And Procedure, Tamara F. Lawson

Articles

No abstract provided.

The Prosecutorial Ethic: With Great Power Comes Great Responsibility, Maureen Howard

Articles

Although the American trial system has been likened to an arena in which mental combatants fight “to the death ” (the verdict ), each warrior similarly skilled and equally committed to vanquishing the other in a forum with formal rules of engagement enforced by a learned and impartial judge, the role of the criminal prosecutor is qualitatively different from that of other advocates. This is because, unlike any other lawyer, a criminal prosecutor has an affirmative duty to the opposing party.

Arizona V. Gant: Heightening A Person's Expectation Of Privacy In A Motor Vehicle Following Searches Incident To Arrest, Jeffrey R. Beck

South Dakota Law Review

No abstract provided.

International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White

Duke Law Journal

Though international criminal justice has flourished over the last two decades, scholars have neglected institutional design and procedure questions. International-criminal-procedure scholarship has developed in isolation from its domestic counterpart but could learn much realism from it. Given its current focus on atrocities like genocide, international criminal law's main purpose should be not only to inflict retribution but also to restore wounded communities by bringing the truth to light. The international justice system needs more ideological balance, stable career paths, and civil-service expertise. It should also draw on the American experience of federalism to cultivate cooperation with national authorities and select …

Using Prediction And Classroom Voting Via Clickers To Address Secondary School Students' Overreliance On The Representativeness Heuristic, Tami Kay Dashley

Open Access Theses & Dissertations

Students often have misconceptions in their probabilistic reasoning--one such misconception is the overuse of the representativeness heuristic, in which one determines that one event is more likely than another event based on how representative the event is of some aspect of its parent population. A research study was conducted to address high school students' overuse of the representativeness heuristic using three groups: (i) a prediction-and-voting group in which students were taught a lesson on probability with the use of prediction and classroom voting teaching methods, (ii) a prediction-only group where students were taught the lesson using only prediction, and (iii) …

Social Disorganization And The Spatial Distribution Of Homicides In El Paso, Nicholas Andrew Emerick

Open Access Theses & Dissertations

Recent research on social disorganization theory shows general support for economic and stability measures of disorganization, but spatial dispersions and the disaggregation of homicides of crime have not been fully examined. 1985-1995 homicide data from the El Paso Police Department's detective logs and US Census data are combined to explore social disorganization in El Paso, the impact of ports of entry, and how motive interacts with social disorganization. Findings for total homicides in El Paso support existing social disorganization research. Motive specific homicides displayed distinct relationships to the disorganization measures. The concentrations of homicides near ports of entry can be …

Border Physician: The Life Of Lawrence A. Nixon, 1883-1966, Will Guzmán

Open Access Theses & Dissertations

This dissertation centers on the life of Dr. Lawrence Aaron Nixon, an African American physician and civil rights activist who lived in El Paso, Texas from 1910 until his death in 1966. Born in Marshall, Texas in 1883, Lawrence Nixon graduated from Wiley College in 1902 and Meharry Medical College in 1906. He then established a medical office in Cameron, Texas in 1907, but due to the racial climate and violence of central Texas he moved west to El Paso in hopes of a better life.

Although several historians have mentioned Dr. Nixon in their works, they have tended to …

The Effect Of Crime Severity And Confidence On Mock Jurors' Verdicts, Abigail E. Moore

Open Access Theses & Dissertations

Previous studies of eyewitness testimony have found confidence and errors in testimony have an impact on credibility ratings and jurors' verdicts. The current study used the three factors of confidence, errors, and crime severity to determine their effects on witness credibility, verdicts, and guilt ratios. It was hypothesized that highly confident witnesses of a violent crime would be rated as more credible and result in more convictions compared to low confident witnesses. It was also expected that well calibrated witnesses of a nonviolent crime would results in higher credibility ratings and more guilty verdicts compared to poorly calibrated witnesses. Results …

Paying Women For Their Eggs For Use In Stem Cell Research, Pamela Foohey

Scholarly Works

On June 11, 2009, the Empire State Stem Cell Board (“Board”), which administers the $600 million in New York State funds allotted to stem cell research, voted to allocate a portion of those funds to compensate women up to $10,000 for “donating” their eggs for use in stem cell research. The Board's decision makes New York the first state to affirmatively allow state funds to be used to compensate women for providing their eggs for use in stem cell research beyond mere reimbursement of associated medical and other expenses, and, similarly, distinguishes it from most international countries, which either prohibit …

Street Stops And Broken Windows Revisited: The Demography And Logic Of Proactive Policing In A Safe And Changing City, Jeffrey A. Fagan, Amanda Geller, Garth Davies, Valerie West

Faculty Scholarship

This chapter examines the development of “order maintenance policing” in New York City. It studies the stop-and-frisk activities of New York City police officers by examining temporal and spatial patterns of stops from 1999, 2003, and 2006. Findings reveal that stop rates have increased by 500 percent since 1999 despite little change in crime rates Stop activity was greatest in poor and minority communities, and stop patterns were more closely tied to demographic and social conditions than to disorder or crime. The efficiency of stops, measured as “hit rates,” dropped considerably, with the sharpest declines occurring in minority neighborhoods. Overall, …

Making Social Rights Conditional: Lessons From India, Madhav Khosla

Faculty Scholarship

Recent years have witnessed important advancements in the discussion on social rights. The South African experience with social rights has revealed how such rights can be protected without providing for an individualized remedy. Comparative constitutional lawyers now debate the promise of the South African approach, and the possibility of weak-form judicial review in social rights cases. This article considers the Indian experience with social rights, and explains how it exhibits a new form of social rights adjudication. This is the adjudication of a conditional social right; an approach that displays a rare private law model of public law adjudication. This …

A Conversation About Problem-Solving Courts: Take 2, Jane M. Spinak

Faculty Scholarship

The University of Maryland Law Journal of Race, Religion, Gender and Class symposium on problem-solving courts surfaced a wide array of issues on the meaning and practices of these courts. My prepared remarks at the symposium addressed the first issue discussed in this article: the potential disparate impact of problem-solving courts on minority families who are disproportionately affected by these court processes. The second part of the article draws on the discussion during the symposium to reflect on the difficulty supporters and critics of the problem-solving court movement have in talking and listening to each other.

Statement, Winter 2010, Office Of Alumni Relations. Morehead State University

Morehead State Alumni Association Publications

Statement Magazine of Morehead State University from Winter of 2010.

What I Talk About When I Talk About Health Law, Elizabeth Weeks

Scholarly Works

Invited contribution celebrating the 25th Anniversary of the Beazley Institute for Health Law & Policy.

Wired: What We've Learned About Courtroom Technology, Fredric I. Lederer

Popular Media

No abstract provided.

A Common Lawyer’S Perspective On The European Perspective On Punitive Damages, Michael Wells

Scholarly Works

Punitive damages are generally available in common law jurisdictions, but are disfavored in civil law systems. This paper argues that the main reasons for the difference are historical and cultural. Roman law and the French Revolution heavily influenced the civil law. Civilians were taught that legal development comes from the top down. They learned to treat law as a system of general principles and to resist anomalies. They found it relatively easy to reject the intrusion of criminal themes into private law. The common law developed one case at a time, with no particular emphasis on systematic coherence. It was …

The Disposing Power Of The Legislature, Thomas W. Merrill

Faculty Scholarship

The Constitution as we understand it includes principles that have emerged over time in a common law fashion. One such principle is the disposing power of the legislature – the understanding that only the legislature has the power to arrange, order, and distribute the power to act with the force of law among the different institutions of society. This Essay illustrates the gradual emergence of the disposing power in criminal, civil, and administrative law, and offers some reasons why it is appropriate that the legislature be given this exclusive authority. One implication of the disposing power is that another type …

"Surely It Deserves A Name:" Homosexual Discourse Among Ellis, Carpenter, And Symonds, Jonathan E. Coleman

University of Kentucky Master's Theses

This thesis argues that British scholars Havelock Ellis, John Addington Symonds, and Edward Carpenter viewed themselves as somewhat rebellious, attempting to reconstruct norms of sexuality, particularly those concerning homosexuality. To do so, they invoked the well‐established constructions of class, gender, and sex. Nevertheless, in spite of their attempts problematize these constructions, they simultaneously worked within and reinforced them. Ellis, Carpenter and Symonds desired to change widelyheld perceptions of homosexuality and while doing so, alter notions of class, gender, and sex. These scholars asserted that homosexual relationships could exist across the divides of the class‐system, helping to engender a greater cross‐class …

The Contradictions Of Juvenile Crime & Punishment, Jeffery Fagan

Faculty Scholarship

Juvenile incarceration in the United States is, at first glance, distinctly different from its adult counterpart. While some juvenile facilities retain the iconic aesthetic of adult incarceration – orange jumpsuits, large cellblocks, uniformed guards, barbed wire, and similar heavy security measures – others have trappings and atmospherics more reminiscent of boarding schools, therapeutic communities, or small college campuses. These compact, benign settings avoid the physical stigmata of institutional life and accord some autonomy of movement and intimacy in relations with staff. They also give primacy to developmentally appropriate and therapeutic interventions.

In Search Of An “Action Principle”, Patrick J. Glen

Human Rights & Human Welfare

In his seminal work on the history of scientific development, Thomas Kuhn described the structure of that development as revolutionary in nature, occurring at that point in time “in which an older paradigm is replaced in whole or in part by an incompatible one.” The impetus for this paradigm shift is malfunction—“scientific revolutions are inaugurated by a growing sense … that an existing paradigm has ceased to function adequately in the exploration of an aspect of nature to which that paradigm itself had previously led the way…. [T]he sense of malfunction that can lead to crisis is prerequisite to revolution.” …

The Stigmatization Of Mental Illness And Drug Addiction Among The Criminally Involved, Brenda Arsenault

Master's Theses

This study examined the perceived stigma of mental illness compared to drug addiction among a sample of criminally involved persons who receive probation services through the Cook County Adult Probation Department. The first section of the study surveyed current probation clients using a modification of the PSAS scale by Luoma, Rye, Kohlenberg, Hayes, Fletcher & Pratte (2010), and assessed levels of stigma consciousness with a modified version of the SCQ (Pinel, 1999). Three groups of participants were surveyed for their perceptions of stigma and stigma consciousness. The first group consisted of drug probation case management clients with no known mental …

“Messin’ With Drugs…You Could Lose Your Life”: The Effect Of Victimization On Routine Activities And Risk Management, J. Michael Vecchio

Criminal Justice & Criminology: Faculty Publications & Other Works

Decades of research have helped to identify that victims and offenders are not opposing parts of the crime equation (Esbensen & Huizinga, 1991), but often are intertwined as part of a homogeneous population (Lauritsen & Laub, 2007). Those with the greatest likelihood of experiencing personal or property victimization are those who report offending or substance using behaviors (Gottfredson, 1984; Jensen & Brownfield, 1986; Sampson & Lauritsen, 1990). This increased victimization risk is commonly related to the amount of time spent in situations with greater proximity to motivated offenders and a lack of supervision (Cohen & Felson, 1979; Hindelang, Gottfredson, & …