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2010

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Keep Off The Grass!: An Alternative Approach To The Gun Control Debate, Lance Lindeen Oct 2010

Keep Off The Grass!: An Alternative Approach To The Gun Control Debate, Lance Lindeen

Indiana Law Journal

No abstract provided.


The Devil Is In The Lack Of Details, Ann M. Killenbeck Oct 2010

The Devil Is In The Lack Of Details, Ann M. Killenbeck

Indiana Law Journal

No abstract provided.


Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Michael Jaros Oct 2010

Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Michael Jaros

Indiana Law Journal

The last two decades have witnessed an astonishing increase in the use of the criminal justice system to police neglectful parents. Recasting traditional allegations of neglect as criminal charges of endangering the welfare of a child, prosecutors and the police have involved criminal courts in the regulation of aspects of the parent-child relationship that were once the sole province of family courts. This Article explores the legal implications of vesting judges in these cases with the unfettered discretion to issue protective orders that criminalize contact between a parent and her child.I argue that procedures for issuing protective orders that were …


"Why Rebottle The Genie?": Capitalizing On Closure In Death Penalty Proceedings, Jody L. Madeira Oct 2010

"Why Rebottle The Genie?": Capitalizing On Closure In Death Penalty Proceedings, Jody L. Madeira

Indiana Law Journal

Closure, though a term with great rhetorical force in the capital punishment context, has to date evaded systematic analysis, instead becoming embroiled in ideological controversy. For victims who have rubbed the rights lamp for years, inclusion in capital proceedings and accompanying closure opportunities are perceived as a force with the potential to grant wishes of peace and finality. Scholars, however, argue for rebottling the closure genie lest closure itself prove false or its pursuit violate a defendant's constitutional rights. In order to effectively appraise the relationship of closure to criminal jurisprudence, however, and thus to decide whether and to what …


Voices Raised, Issue 29, University Of Dayton. Women's Center Oct 2010

Voices Raised, Issue 29, University Of Dayton. Women's Center

Women’s Center Newsletter

Included in this issue: Women journalists come to UD; Love Your Body Month; UD Women Athletes & Breast Cancer Awareness; OMA Welcomes New Director; But He Doesn’t Hit Me; Is Your Relationship Emotionally Abusive?; UD Women’s Athletics; Newsletter focus on UD women’s athletics.


Mcnair News, Volume 5, Number 1, Fall 2010 Oct 2010

Mcnair News, Volume 5, Number 1, Fall 2010

McNair News: Newsletter of the University of Nebraska–Lincoln McNair Scholars Program

Meet the 2010 McNair Cohort
Scholars Present at National McNair Conference
Making the Transition from Student to Scholar
Mentor Spotlight - Dr. Carl Nelson
Khoa Chu Earns NASA Research Internship
Brittany Sznajder-Murray Completes Summer Research at Ohio State
Alumni News: Advanced Degrees
Scholars Receive 2010-11 UCARE funding
Kudos to Scholars and Alumni: Masoud Mahjouri-Samani & Tyler Scherr
Getting the Most Out of a Research Conference


Student Fact Book, Fall 2010, Thirty-Fourth Annual Edition, Wright State University, Office Of Student Information Systems, Wright State University Oct 2010

Student Fact Book, Fall 2010, Thirty-Fourth Annual Edition, Wright State University, Office Of Student Information Systems, Wright State University

Wright State University Student Fact Books

The student fact book has general demographic information on all students enrolled at Wright State University for Fall Quarter, 2010.


College Of Business News & Views, Fall 2010, Illinois State University, College Of Business Oct 2010

College Of Business News & Views, Fall 2010, Illinois State University, College Of Business

College of Business News & Views

Newsletter of the College of Business


Book Reviews Oct 2010

Book Reviews

New Mexico Historical Review

No abstract provided.


The Admissibility Of Expert Witness Testimony Based On Adolescent Brain Imaging Technology In The Prosecution Of Juveniles: How Fairness And Neuroscience Overcome The Evidentiary Obstacles To Allow For Application Of A Modified Common Law Infancy Defense, Sally Terry Green Oct 2010

The Admissibility Of Expert Witness Testimony Based On Adolescent Brain Imaging Technology In The Prosecution Of Juveniles: How Fairness And Neuroscience Overcome The Evidentiary Obstacles To Allow For Application Of A Modified Common Law Infancy Defense, Sally Terry Green

North Carolina Journal of Law & Technology

No abstract provided.


Fact Book 2010, Uno Office Of Institutional Effectiveness Oct 2010

Fact Book 2010, Uno Office Of Institutional Effectiveness

Fact Book

The Fact Book presents important campus information in data tables and charts. Included are details regarding student and faculty. Generally, data are broken out by college, rank, level, gender, age and ethnicity for both spring and fall semesters.


Evaluation Of Lancaster County Early Assessment Process, Juvenile Justice Institute, University Of Nebraska At Omaha, Anne M. Hobbs, Myungwoo Kim Oct 2010

Evaluation Of Lancaster County Early Assessment Process, Juvenile Justice Institute, University Of Nebraska At Omaha, Anne M. Hobbs, Myungwoo Kim

Reports

In January 2009, Lancaster County implemented an early screening and assessment process. The goal of this pilot project was to ensure consistent processing of juvenile offenses, especially for very young offenders, and to ensure that youth were matched to the most appropriate early intervention. The Juvenile Justice Institute was invited to evaluate the effectiveness of this early intervention. Little is known about the effect this project has had on official juvenile court processing of youth, so another important question is how this early process has impacted the overall number of youth entering the Lancaster County juvenile justice system. To evaluate …


Law And Mental Health: A Relationship In Crisis?, Sheila Wildeman Oct 2010

Law And Mental Health: A Relationship In Crisis?, Sheila Wildeman

Dalhousie Law Journal

What is the significance of the rule of law to the area of professional knowledge and practice that is "mental health"-or to the interaction of those two aspirational, one might say euphemistically-named social systems: the mental health and justice systems? This question centres upon the rule of law-specifically, I suggest (as I relate further in closing), a thick conception of the rule of law grounded in an ideal of state-subject reciprocity-and not, or not directly, upon the individual and social good ofhealth. It is this overarching question that I wish to pursue in setting the stage for the two lectures …


Medicine And The Law: The Challenges Of Mental Illness, Beverley Mclachlin Oct 2010

Medicine And The Law: The Challenges Of Mental Illness, Beverley Mclachlin

Dalhousie Law Journal

In this lecture, I offer some thoughts on a medical/legal issue that is old, yet perennially pertinent; that is common, yet extraordinary; that is wellknown, yet all too often swept under the carpet. I refer to the issue-or more accurately the plethora of issues-that surround mental health and the law.


"We Shall Not Cease From Exploration": Narratives From The Hyde Inquiry About Mental Health And Criminal Justice, Anne Derrick Oct 2010

"We Shall Not Cease From Exploration": Narratives From The Hyde Inquiry About Mental Health And Criminal Justice, Anne Derrick

Dalhousie Law Journal

When I embarked on my journey at the Hyde Inquiry I really felt I knew nothing. The place I came to know for the first time, at the end, was a place I had really not known before. I was taken there by the narratives that made up the threads of the Inquiry and it is some of these narratives I am going to discuss here.


Criminalizing Support For Terrorism: A Comparative Perspective, Adam Tomkins Oct 2010

Criminalizing Support For Terrorism: A Comparative Perspective, Adam Tomkins

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier Oct 2010

Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier

Law Student Publications

This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-to-teen sexting.


The Problem Of Unresolved Wrongdoing, Kenneth Einar Himma Oct 2010

The Problem Of Unresolved Wrongdoing, Kenneth Einar Himma

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Class Of 2013 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law Oct 2010

Class Of 2013 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2013


On Trial: Restorative Justice In The Godwin-Wollstonecraft-Shelley Family Fictions, Colleen M. Fenno Oct 2010

On Trial: Restorative Justice In The Godwin-Wollstonecraft-Shelley Family Fictions, Colleen M. Fenno

Dissertations (1934 -)

William Godwin, Mary Wollstonecraft, and Mary and Percy Shelley wrote during an era of democratic possibility and intense legal and penal reforms, when changes to criminal justice procedures were adopted that would have far reaching consequences, even for contemporary practices. Their fictions - Caleb Williams (1794), Maria: Or the Wrongs of Woman (1798), Frankenstein (1818), Falkner (1837), and The Cenci (1818) - raise questions and seek answers to questions at the heart of these reforms: What happens to individuals falsely accused of a crime without the resources to defend themselves? What happens to victims of crimes associated with guilt or …


Uwlaw, Fall 2010, Vol. 62 Oct 2010

Uwlaw, Fall 2010, Vol. 62

Alumni Magazines

No abstract provided.


Reviving Lenity And Honest Belief At The Boundaries Of Criminal Law, John L. Diamond Oct 2010

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

University of Michigan Journal of Law Reform

It is a common misconception that there is a line between criminal and innocent conduct that is transparent and fixed. In fact, much of criminal law is fluid and elastic, free, if strategically applied, to label conduct as legal or illegal. In some cases, this reflects crimes that are vaguely defined or imprecise. In other cases, the prohibited conduct simply includes what is so conventionally accepted as legal that the criminal label is perceived as inapplicable until a prosecutor chooses to apply it. The problem of a fluid rather than a fixed line for criminality is that prosecutorial discretion becomes …


What Is Civil Justice, Jason M. Solomon Oct 2010

What Is Civil Justice, Jason M. Solomon

Faculty Publications

This Article first explores the meaning of the term “civil justice” as it is used in both academic and popular discourse. It then examines the idea of civil justice by looking at three key examples: (1) the U.S. tort system (specifically governing auto accidents); (2) the no-fault regimes of New Zealand, U.S. workers’ compensation, and the 9/11 Victim Compensation Fund; and (3) the phenomenon of apologies, instead of compensation, as remedies in medical malpractice cases. The Article concludes that an important component of civil justice is the ability of a person to hold accountable one who has wronged her.


Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller Oct 2010

Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller

Journal Articles

This article traces the evolution of “get tough” sentencing and corrections policies that were touted as the solution to a criminal justice system widely viewed as “broken” in the mid-1970s. It draws parallels to the adoption some twenty years later of harsh, punitive policies in the immigration enforcement system to address perceptions that it is similarly “broken,” policies that have embraced the theories, objectives and tools of criminal punishment, and caused the two systems to converge. In discussing the myriad of harms that have resulted from the convergence of these two systems, and the criminal justice system’s recent shift away …


A Tale Of Prosecutorial Indiscretion: Ramsey Clark And The Selective Non-Prosecution Of Stokely Carmichael, Lonnie T. Brown Oct 2010

A Tale Of Prosecutorial Indiscretion: Ramsey Clark And The Selective Non-Prosecution Of Stokely Carmichael, Lonnie T. Brown

Scholarly Works

During the height of the Vietnam War and one of the most volatile periods of the civil rights movement, then-Attorney General Ramsey Clark controversially resisted intense political pressure to prosecute Black Power originator and antiwar activist Stokely Carmichael. Taken in isolation, this decision may seem courageous and praiseworthy, but when considered against the backdrop of Clark’s contemporaneous prosecution of an all-white group of similarly situated anti-draft leaders (the so-called Boston Five), his exercise of prosecutorial discretion becomes suspect. Specifically, the Boston Five were prosecuted in 1968 for conspiracy to aid and abet draft evasion, a charge for which the evidence …


Receiverships In The Prison Litigation Context: Factors Necessary For An Effective Judicial Remedy Of Last Resort, Liat Weingart Oct 2010

Receiverships In The Prison Litigation Context: Factors Necessary For An Effective Judicial Remedy Of Last Resort, Liat Weingart

Cardozo Public Law, Policy & Ethics Journal

This note examines the effectiveness of judicial receiverships as a last-resort remedy in institutional reform litigation, particularly in the context of prison systems. It argues that the success of receiverships depends on the court's ability to supervise effectively and ensure the receiver's independence from political influence. The analysis highlights that appointing executive agents as receivers often leads to conflicts of interest, undermining the remedy's effectiveness, and emphasizes the need for robust supervisory structures, such as Special Masters, to ensure accountability and alignment with court objectives.


A Distributive Theory Of Criminal Law, Aya Gruber Oct 2010

A Distributive Theory Of Criminal Law, Aya Gruber

William & Mary Law Review

In criminal law circles, the accepted wisdom is that there are two and only two true justifications of punishment―retributivism and utilitarianism. The multitude of moral claims about punishment may thus be reduced to two propositions: (1) punishment should be imposed because defendants deserve it, and (2) punishment should be imposed because it makes society safer. At the same time, most penal scholars notice the trend in criminal law to de-emphasize intent, centralize harm, and focus on victims, but they largely write off this trend as an irrational return to antiquated notions of vengeance. This Article asserts that there is in …


Protecting The Homeless Under Vulnerable Victim Sentencing Guidelines: An Alternative To Inclusion In Hate Crime Laws, Katherine B. O'Keefe Oct 2010

Protecting The Homeless Under Vulnerable Victim Sentencing Guidelines: An Alternative To Inclusion In Hate Crime Laws, Katherine B. O'Keefe

William & Mary Law Review

No abstract provided.


Graham V. Florida: Justice Kennedy’S Vision Of Childhood And The Role Of Judges, Tamar R. Birckhead Oct 2010

Graham V. Florida: Justice Kennedy’S Vision Of Childhood And The Role Of Judges, Tamar R. Birckhead

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Failing To Achieve The Goal: A Feminist Perspective On Why Rape Law Reform In Taiwan Has Been Unsuccessful, Chih-Chieh Lin Oct 2010

Failing To Achieve The Goal: A Feminist Perspective On Why Rape Law Reform In Taiwan Has Been Unsuccessful, Chih-Chieh Lin

Duke Journal of Gender Law & Policy

No abstract provided.