Digital Commons Network^™

Inter-Judge Sentencing Disparity After Booker: A First Look, Ryan W. Scott

Articles by Maurer Faculty

A central purpose of the Sentencing Reform Act was to reduce inter-judge sentencing disparity, driven not by legitimate differences between offenders and offense conduct, but by the philosophy, politics, or biases of the sentencing judge. The federal Sentencing Guidelines, despite their well-recognized deficiencies, succeeded in reducing that form of unwarranted disparity. But in a series of decisions from 2005 to 2007, the Supreme Court rendered the Guidelines advisory (Booker), set a highly deferential standard for appellate review (Gall), and explicitly authorized judges to reject the policy judgments of the Sentencing Commission (Kimbrough). Since then, the Commission has received extensive anecdotal …

Ricci V. Destefano: A Masculinities Theory Analysis, Ann C. Mcginley

Scholarly Works

This Article applies masculinity theory to explore the aspects Ricci v. Destefano and its political reverberations. Empirical evidence showed that virtually all written tests have a disparate impact on minorities, that a neighboring city had reached less discriminatory results using a different weighting system, and that other fire departments used assessment centers to judge firefighters' qualifications for promotions. While the black male and all female firefighters were made invisible by the case and the testimony, the fact that Ricci's and Vargas' testimony lionized a particularly traditional form of heterosexual masculinity was also invisible. While the command presence required of a …

Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Globetrotting Law Firms, Jayanth K. Krishnan

Articles by Maurer Faculty

Despite the current financial crisis, prestigious American and British law firms continue to maintain a presence in Continental Europe, Latin America, and China. Yet, in one economically fertile, democratic country - India - such global legal powerhouses are scarcely found. This study seeks to understand empirically why there is a general absence of these and other foreign law firms practicing in India. Based on fieldwork and compiled interview data of lawyers, judges, government officials, activists, and clients from India, the United States, and Britain - the latter two being the foreign countries most interested in gaining access to the Indian …

The Joint Law Venture: A Pilot Study, Jayanth K. Krishnan

Articles by Maurer Faculty

This pilot study evaluates the effectiveness of law firms entering into joint ventures, an increasingly eyed business model particularly by American and British lawyers seeking to expand into promising financial markets. One country at the center of the joint venture experiment has been Singapore. With the strong encouragement of the Singaporean government (which has long embraced foreign investment), various elite law firms from the United States and Britain have been partnering with domestic Singaporean law firms for over the past decade. Because these foreign firms were traditionally barred from practicing Singaporean law on their own, the ‘joint law venture,’ or …

Police "Science" In The Interrogation Room: Seventy Years Of Psuedo-Psychological Interrogation Methods To Obtain Inadmissible Confessions, Brian R. Gallini

UC Law Journal

Nearly all confessions obtained by interrogators nationwide are inadmissible, but nonetheless admitted. In the process, police arrest the wrong suspect and allow the guilty to go free. An unshakeable addiction to pseudo-scientific interrogation methods-initially created in the 1940s-is to blame. The so-called "Reid technique" of interrogation was initially a welcome and revolutionary change from the violent "third degree" method it replaced. But we no longer live in the 1940s and, not surprisingly, we no longer drive 1940s automobiles, practice early-twentieth-century medicine, or dial rotary phones. Why, then, are police still using 1940s methods of interrogation?

Moreover, the outdated Reid technique …

Benchmark Legislation: A Measured Approach In The Fight Against Counterfeit Pharmaceuticals, Adam Powell

UC Law Journal

Pharmaceutical counterfeiting is unique in the field of counterfeiting because criminals only attempt to copy the appearance of a drug, not its actual effect. Because such counterfeit drugs are cheap to make and ineffective or dangerous, counterfeiters see immense profits without regard for the potential for injury or death. Furthermore, the complexity of distribution channels and lax penalties result in little risk for criminals.

One potential tool to address this problem is an electronic pedigree system that would track shipments of drugs and reduce the opportunity for counterfeiters to infiltrate the supply chain. Unfortunately, such a system is years away …

Exploratory Study To Examine Campus Security Methods To Prevent Or Minimize An Active Shooter, Katelyn Shea

Undergraduate Theses and Senior Projects

No abstract provided.

Find Your Voice : Take A Stand, Jurene Wallery

Undergraduate Theses and Senior Projects

No abstract provided.

Maladies Of Modernity: Scientism In Politics, David Nathan Whitney

LSU Doctoral Dissertations

This dissertation explores the complex relationship between science and politics. More specifically, it focuses on the problem of scientism. Features of scientism include the dogmatic faith in the methods of the natural sciences (and the accompanying assumption that those methods can be successfully imported into the social sciences), a materialistic worldview, the rejection of the bios theoretikos, the prohibition of philosophical questions, and an emphasis on immanent fulfillment through the power of science. I seek to demonstrate that scientism is intellectually impoverishing and politically dangerous. Given the lack of full-length studies on the subject, I trace the development of scientism …

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

Faculty Publications

No abstract provided.

Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein

Scholarly Works

No abstract provided.

Changes In Oregon Batterer Intervention Program Characteristics In Relation To State Standards, Ashley Lynn Boal

Dissertations and Theses

The social problem of intimate partner violence affects approximately one-half to two million individuals each year in the United States (Catalano, 2007; Tjaden & Thoennes, 2000). Commonly the criminal justice system mandates completion of a group-based intervention intended to prevent violent behavior (Dalton, 2007). These groups are typically referred to as a batterer intervention program (BIP). Despite the popularity of this intervention approach, research findings examining the efficacy of these programs remain inconsistent (Babcock, Green & Robie, 2004). Nonetheless, 45 U.S. states including the District of Columbia, have implemented standards that aim to proscribe and regulate elements of program functioning. …

Reviving Lenity And Honest Belief At The Boundaries Of Criminal Law, John L. Diamond

Faculty Scholarship

No abstract provided.

It's Not My Problem? Wrong: Prosecutors Have An Important Ethical Role To Play, Rory K. Little

Faculty Scholarship

No abstract provided.

Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts

Faculty Scholarship

No abstract provided.

Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard Leo

Faculty Scholarship

No abstract provided.

Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram

Faculty Scholarship

No abstract provided.

Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt

Faculty Scholarship

No abstract provided.

Changing The Topography Of Sentencing, Kate Bloch

Faculty Scholarship

No abstract provided.

Reconceptualizing Restorative Justice, Kate Bloch

Faculty Scholarship

No abstract provided.

The Weiner-Rogers Law Library: An Invaluable Legal Resource, Jeanne Price

Scholarly Works

No abstract provided.

Criminal Justice Policy Research Institute Newsletter, Portland State University. Criminal Justice Policy Research Institute

Criminal Justice Policy Research Institute Newsletters

Newsletter provides information on:

• Updates on ongoing Criminal Justice Policy Research Institute studies
• New research getting underway
• Latest awards and distinctions
• Publications

State Of Emergency California's Correctional Crisis, Aaron J. Rappaport, Kara Dansky

Faculty Scholarship

No abstract provided.

Communities Of Color In Multnomah County: An Unsettling Profile, Ann Curry-Stevens, Amanda Cross-Hemmer, Coalition Of Communities Of Color

School of Social Work Faculty Publications and Presentations

Existing data that informs decision making in Multnomah County inadequately captures the lived experiences of communities of color. Rarely do existing reports include dimensions of race and ethnicity. Much research has been undertaken without the involvement of those most affected by the decisions guided by the research. The impact is that communities of color are rarely visible at the level of policy. Data has been used to obscure and oppress rather than to empower communities and eliminate disparities. This is not acceptable, and leads to inequitable policy and devastating outcomes for people of color.

"Communities of Color in Multnomah County: …

Prisoners As Human Subjects: A Closer Look At The Institute Of Medicine's Recommendations To Loosen Current Restrictions On Using Prisoners In Scientific Research, Osagie K. Obasogie

Faculty Scholarship

No abstract provided.

David R. Dow, The Autobiography Of An Execution (2010), Lyn Entzeroth

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Minimizing The Harm Of State Fiscal Volatility, David Gamage, Jeremy Bearer-Friend

Articles by Maurer Faculty

This report’s primary concern is how U.S. state governments should respond to the fiscal volatility created by their balanced budget constraints. Applying the principles of risk allocation theory to this recurring problem, we conclude that states should primarily adjust the rates of broad-based taxes as their economies cycle, rather than fluctuating public spending.

The Influence Of A State Law Enforcement Training Academy On Future Performance Of Law Enforcement Officers In A Southeastern State Of The United States, Cary Allen Caro

LSU Doctoral Dissertations

This dissertation examines the influence of the state police law enforcement academy on the performance of commissioned officers in the field training officer (FTO) program in a state in the Southeastern region of the United States. The law enforcement training academy is paramount in preparing cadets for the roles, responsibilities, and activities that graduates assume independently in the field. As such, it is important to understand the value added to future performance in the field through adequate preparation in the training academy. This dissertation analyzes a sample of officers in the Southeastern region of the United States and explores the …

Ephemeral Media, Persistent Action: Public Pedagogies Of Collective Resistance, Jessica Ketcham Weber

LSU Doctoral Dissertations

In Ephemeral Media, Persistent Action: Public Pedagogies of Collective Resistance, I argue that representations of contemporary activism against corporate globalization, as analyzed in three different sites of commercially-driven media texts—newspapers, film, and websites—teach people to move away from public forms of collective activism and towards privatized and institutionally-sponsored forms as part of the larger project of neoliberalism. Specifically, this dissertation focuses on the representations of, and responses to the representations of, two events—the protests against the World Trade Organization Ministerial Conference in Seattle, Washington in 1999 and the protests during the Republican National Convention in 2004 in New York City—as …