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2010

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The Plea Jury, Laura I. Appleman Jul 2010

The Plea Jury, Laura I. Appleman

Indiana Law Journal

This Article argues that it is time to reform the much-criticized plea-bargaining process by restoring the Sixth Amendment jury trial right back to criminal adjudication. My proposal would incorporate the local community into the guilty-plea procedure through the use of a plea jury, thus solving a multitude of problems within the criminal justice system. In a plea jury, a lay panel of citizens would listen to the defendant's allocution and determine the acceptability of the plea and sentence, reinvigorating the community's right to determine punishment for offenders. My goal is to return the Sixth Amendment community-jury right to its proper …


Asking The Man Question: Masculinities Analysis And Feminist Theory, Nancy E. Dowd Jul 2010

Asking The Man Question: Masculinities Analysis And Feminist Theory, Nancy E. Dowd

UF Law Faculty Publications

Masculinities scholarship is an essential piece of feminist analysis and of critical equality analysis. It requires that we "ask the man question" to further unravel inequalities. This symposium marks one of several movements toward examining and considering what masculinities scholarship can offer. In this introduction, I suggest a framework of masculinities analysis and describe its relationship to feminist theory. First, I consider why we should ask the "man question," and how we should ask it. Second, I explore how masculinities analysis might be useful in our examination of the "man question." Masculinities work can be used to understand more clearly …


Is The Temple Collapsing: Montejo V. Louisiana And The Extent Of The Right To Counsel In Criminal Proceedings, Adam J. Hegler Jul 2010

Is The Temple Collapsing: Montejo V. Louisiana And The Extent Of The Right To Counsel In Criminal Proceedings, Adam J. Hegler

South Carolina Law Review

No abstract provided.


Synopses Of Past Articles In The Montana Law Review Discussing The 1972 Montana Constitutio N (1972-2009) Jul 2010

Synopses Of Past Articles In The Montana Law Review Discussing The 1972 Montana Constitutio N (1972-2009)

Montana Law Review

Articles on the Montana Constitution


At The Edge Of Two Worlds: Mary Slessor And Gender Roles In Scottish African Missions, Sarah Marcia Lennon Jul 2010

At The Edge Of Two Worlds: Mary Slessor And Gender Roles In Scottish African Missions, Sarah Marcia Lennon

Masters Theses

Mary Mitchell Slessor, a missionary to Calabar, West Africa in modern-day Nigeria from 1876 until 1915, was a transitional character, combining traditional feminine roles with more masculine roles during her time as a missionary. Though many biographers focus on Slessor's eccentricities and use her life as an example of the exceptional Victorian woman, this study disagrees with that assessment and instead views her caught between two worlds, part of the previous generational thinking regarding women's work, but also progressing toward what would be considered normal in the early decades of the twentieth century. Comparing Slessor to other women working in …


New Mexico Law Review, Annual Report 2009 - 2010, Unm School Of Law Jul 2010

New Mexico Law Review, Annual Report 2009 - 2010, Unm School Of Law

NMLR & NRJ Annual Reports

The annual report for the University of New Mexico School of Law Natural Resources Journal & New Mexico Law Review for the period July 1, 2009 through June 30, 2010.


Litigating The Ghost Of Gideon In Florida: Separation Of Powers As A Tool To Achieve Indigent Defense Reform, Wayne A. Logan Jul 2010

Litigating The Ghost Of Gideon In Florida: Separation Of Powers As A Tool To Achieve Indigent Defense Reform, Wayne A. Logan

Scholarly Publications

This paper, part of a symposium addressing indigent defense-related issues, examines litigation challenging a Florida law that expressly prohibits courts from granting public defender motions to withdraw on the basis of an alleged conflict of interest caused by excessive caseload or underfunding.


Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities -- How Senate Bill 585 Could Have Helped, Jillian Malizio Jul 2010

Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities -- How Senate Bill 585 Could Have Helped, Jillian Malizio

Law Student Publications

The right to counsel is a fundamental right, one the framers of our Constitution intended to apply to all American citizens. Virginia statutes and case law have protected the rights of incarcerated adults and it is now time to grant those same protections to the juveniles in their custody. Part II of this comment will review the requirement of a prisoner’s right to “meaningful access” to the courts from both an adult and juvenile’s perspective. An examination of jurisprudence from the Supreme Court of the United States, and Circuit Courts, reveals the history and importance of “meaningful access” and shows …


Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb Jul 2010

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Law Student Publications

Part II of this comment will discuss the existing issues that effectuate the tension between the criminal justice system and mentally ill offenders, which provides important context to the debate surrounding the establishment of MHCs. Part III will examine the recent federal support for alternative approaches to handling mentally ill offenders and the different operational tactics implemented by existing MHC programs. Finally, Part IV will study the launch of Virginia’s first MHC in Norfolk, while exploring the latest legislative defeat in Virginia, Senate Bill 158 of the 2010 General Assembly, which sought to establish MHCs statewide.


On The Creation Of A New Legal Regime To Try Sea Pirates, Barry Hart Dubner, Karen Greene Jul 2010

On The Creation Of A New Legal Regime To Try Sea Pirates, Barry Hart Dubner, Karen Greene

Journal of Maritime Law and Commerce

No abstract provided.


Does Context Matter In Determining Psychological Abuse? Effects Of Pattern, Harm, Relationship, And Norms, Dana D. Dehart, Diane R. Follingstad, Alice M. Fields Jul 2010

Does Context Matter In Determining Psychological Abuse? Effects Of Pattern, Harm, Relationship, And Norms, Dana D. Dehart, Diane R. Follingstad, Alice M. Fields

Faculty and Staff Publications

This study explored contextual influences in determining whether psychologically aggressive actions constitute abuse. One hundred and thirty-one undergraduates completed measures of key experiences, attitudes, and traits, and rated abusiveness of behaviors in a series of vignettes. Vignettes varied contexts in which behaviors occurred, including whether the behavior was a pattern, whether there was harm to the recipient, characteristics of the initiator-recipient relationship, and whether behavior was normative. Results showed no effects for participants' gender, past experiences with psychological aggression, and traits or attitudes. Findings indicated that behaviors were rated as more abusive when harm to recipient was evident. Findings regarding …


A Call To Is Educators To Respond To The Voices Of Women In Information Security, Amy B. Woszczynski, Sherri Shade Jul 2010

A Call To Is Educators To Respond To The Voices Of Women In Information Security, Amy B. Woszczynski, Sherri Shade

Faculty Articles

Much prior research has examined the dearth of women in the IT industry. The purpose of this study is to examine the perceptions of women in IT within the context of information security and assurance. This paper describes results from a study of a relatively new career path to see if there are female-friendly opportunities that have not existed in previous IT career paths. Research methodology focuses on a qualitative analysis of in-depth interviews with women who are self-described information security professionals. A primary goal of the study is to understand the perceptions of women in information security and determine …


Landmarks, Portents, Or Just Curves In The Road?, Carol Nackenoff Jul 2010

Landmarks, Portents, Or Just Curves In The Road?, Carol Nackenoff

Political Science Faculty Works

No abstract provided.


A More Inclusive Democracy: Challenging Felon Jury Exclusion In New York, Paula Z. Segal Jul 2010

A More Inclusive Democracy: Challenging Felon Jury Exclusion In New York, Paula Z. Segal

City University of New York Law Review

New York excludes all individuals who have ever been convicted of a felony from its jury pool except in the most extraordinary circumstances.This practice undermines the representativeness of juries, their inclusiveness, as well as public confidence in the courts. It leaves whole communities underrepresented in one of the foundations of democracy. It also compromises an individual’s constitutional rights. People with felony conviction histories are included in the jury pools of nearly half of United States jurisdictions, yet the effectiveness of judicial systems in those jurisdictions has not been compromised. The mechanisms for insuring that juries are competent and unbiased—voir dire, …


The Merciful Executioner: Spectacles Of Sexual Danger And National Reunification In The George Stinney Case, 1944, Annette Louise Bickford Jul 2010

The Merciful Executioner: Spectacles Of Sexual Danger And National Reunification In The George Stinney Case, 1944, Annette Louise Bickford

Southern Anthropologist

The literal and metaphoric defining of postbellum America drew on a politics of exclusion, giving wider force to struggles over national identity and citizenship encoded by race, and inflected by sexual discourses. Despite emancipation claims, men of African descent were increasingly excluded from a citizenship based on notions of “whiteness,” and this was reflected in the shift from the spectacle of vigilante lynching to the spectacular trial. I use the case of George Stinney to illustrate how juridical law, like extra-legal lynching, affirmed a national identity articulated through the legitimation and restoration of white rule, perceived to be under threat. …


How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies Jul 2010

How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies

Law and Contemporary Problems

Davies exposes a story that has been almost entirely overlooked: that the now-accepted doctrine that probable cause alone can justify a criminal arrest or search did not emerge until well after the framing of the Bill of Rights in 1789 and constituted a significant departure from the criminal-procedure standards that the Framers of the Bill thought they had preserved.


Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley Jul 2010

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

Law and Contemporary Problems

Bradley discusses the Hudson and Herring decisions, the practices of other countries, and various previous suggestions for exclusionary-rule reform. Then, he sets forth a reconception of the exclusionary rule, as well as the constitutional principles that gave rise to it. These reconceptions suggest a roadmap to exclusionary reform that might reconcile the factions on the Court who strongly support and strongly oppose the current mandatory rule.


Orwellian Language And The Politics Of Tribal Termination (1953–1960), Casey Ryan Kelly Jul 2010

Orwellian Language And The Politics Of Tribal Termination (1953–1960), Casey Ryan Kelly

Department of Communication Studies: Faculty Publications

From 1953 to 1960, the federal government terminated sovereign recognition for 109 American Indian nations. Termination was a haphazard policy of assimilation that had disastrous consequences for Indian land and culture. Nonetheless, termination cloaked latent motivations for Indian land within individual rights rhetoric that was at odds with Indian sovereignty. Termination highlights the rhetorical features of social control under capitalism portrayed in George Orwell’s Nineteen Eighty-Four (1949), in which opposing principles are fused and inverted. This essay critiques termination’s Orwellian language to show how ideographs of social liberation are refashioned by the state to subvert Indian sovereignty and popular dissent.


Mediation Tune Up For The State Court Appellate Machine, A, Bobbi Mcadoo Jul 2010

Mediation Tune Up For The State Court Appellate Machine, A, Bobbi Mcadoo

Journal of Dispute Resolution

This Article begins in Part II with a review of the rationale for appellate mediation programs. In Part III the Article will discuss the development and evaluation of a pilot program for the mediation of family appellate cases in Minnesota. The pilot was developed and implemented with the goals of settlement and other qualitative justice measures in mind. Moreover, preliminary evaluation results for the pilot suggest that both continue to be important and can be achieved.3 In Part IV the Article will discuss the elements of program design most likely to make appellate mediation programs succeed, in terms of both …


Finding Data And Statistics On Judges, Leslie A. Street Jul 2010

Finding Data And Statistics On Judges, Leslie A. Street

Library Staff Publications

No abstract provided.


The Right To Life Endangered, Sudha Ramalingam, R. S. Akila Jul 2010

The Right To Life Endangered, Sudha Ramalingam, R. S. Akila

Socio-Legal Review

In this insightful article, Sudha Ramalingam and RS. Akila highlight the apathy of the State machinery, judiciary and the civil society towards the increasing violations of the right to life through encounter killings. Tracing the history of response to encounter killings, the authors illustrate how perpetrators of this extra-legal deprivation of life and liberty are glorified in news media, revered by the State and civil society, and thus enjoy immunity from the clutches of the criminal justice system. The situation prevalent in a relatively stable Tamil Nadu is especially highlighted in order to demonstrate the falsity of the assumption that …


Alcohol Prevalence And Attitudes Among Adults And Adolescents: Their Relation To Early Adolescent Alcohol Use In Rural Communities, Laura Dehaan, Tina Boljevac Jul 2010

Alcohol Prevalence And Attitudes Among Adults And Adolescents: Their Relation To Early Adolescent Alcohol Use In Rural Communities, Laura Dehaan, Tina Boljevac

University Faculty Publications and Creative Works

Although research has identified numerous neighborhood mechanisms influencing urban adolescent risk behaviors, less is known about how community contexts influence rural adolescents. This study explores perceived controls against adolescent drinking (i.e., tolerance of community adolescent alcohol use), adolescent perceptions of community supportiveness, and the prevalence of community alcohol use exhibited by adolescents and adults. Multilevel analyses were applied to 1,424 sixth- through eighth-grade students residing in 22 rural communities in the Northern Plains. Perceptions of tolerance, prevalence, and support from 790 parents, teachers, and community leaders were also collected. Analyses revealed that community supportiveness and controls against drinking reduced both …


Amicus (Volume 9) (Summer 2010), Roger Williams University School Of Law Jul 2010

Amicus (Volume 9) (Summer 2010), Roger Williams University School Of Law

Amicus

No abstract provided.


A Composite Counterstorytelling: Memoirs Of African American Military Students In Hawaii Public Schools, Kimetta R. Hairston Jul 2010

A Composite Counterstorytelling: Memoirs Of African American Military Students In Hawaii Public Schools, Kimetta R. Hairston

The Qualitative Report

There are social, educational and behavioral problems for African American students in Hawaii public schools. Utilizing Critical Race Theory as a lens for analysis, the perceptions and experiences of these students regarding race, ethnic identity, military lineage, and self-definition are addressed. A composite counterstory of the researcher's and 115 African American students' experiences and reflections is portrayed through two siblings' memoirs. The impact of the counterstory challenges readers to see similar themes, perceptions, and experiences of being Black, military- affiliated, and a student in Hawaii in a story format as all events are integrated into two experiences, one male and …


2010 July, Office Of Communications & Marketing, Morehead State University. Jul 2010

2010 July, Office Of Communications & Marketing, Morehead State University.

Morehead State Press Release Archive, 1961 to the Present

Press releases for July of 2010.


Experienced And Vicarious Victimization: Do Social Support And Self-Esteem Prevent Delinquent Responses?, Lisa A. Kort-Butler Jul 2010

Experienced And Vicarious Victimization: Do Social Support And Self-Esteem Prevent Delinquent Responses?, Lisa A. Kort-Butler

Department of Sociology: Faculty Publications

This article extended research that views violent victimization as a stressor that may lead to delinquency. Following general strain theory, the analysis considered the mediating role of fearfulness, depression, and anxiety. The analysis also examined whether social support and self-esteem conditioned the relationship between victimization and delinquency. Results indicated that negative emotions did not substantially mediate the effect of victimization on delinquency. Among those with lower levels of both social support and self-esteem, experiencing violent victimization and witnessing victimization led to general delinquency. Victimization was unrelated to general delinquency among those with higher levels of both these resources. Experiencing victimization …


Enrollment Report, Summer 2010, Planning, Research, And Policy Analysis Jul 2010

Enrollment Report, Summer 2010, Planning, Research, And Policy Analysis

Enrollment Reports (2004-2019)

Enrollment Report for Summer 2010 for Illinois State University


Earmstrong, Armstrong Atlantic State University Jul 2010

Earmstrong, Armstrong Atlantic State University

Armstrong News & Publications: e-Armstrong Newsletter (Archived)

No abstract provided.


Religion On Divorce, Erik B. Doherty Jul 2010

Religion On Divorce, Erik B. Doherty

Sociology & Criminal Justice Theses & Dissertations

Prospective factors that lead to elevated divorce rates have been studied in an attempt to gauge their relative significance and overall impact. However, to date no Such factor or factors have been pin-pointed that can conclusively explain why divorce rates are so high. This article utilizes a three-model analysis that examines the effects of religion variables, as well as relevant control variables that have be found to be significantly associated with divorce rates by prior research. Thus, religion is the variable of focus for the study in relation to divorce rates. The results indicate that: 1) Catholics are less likely …


The Initial Development And Validation Of The Teen Screen For Dating Violence, Kelly M. Emelianchik-Key Jul 2010

The Initial Development And Validation Of The Teen Screen For Dating Violence, Kelly M. Emelianchik-Key

Counseling & Human Services Theses & Dissertations

This study was related to the initial development and validation of the instrument, the Teen Screen for Dating Violence (TSDV). The TSDV is an assessment tool that screens for adolescent dating violence perpetration and victimization. It examines perceptions, experiences, perpetration, and exposure to dating violence as well as available support systems for adolescents. Literature shows that dating violence among the adolescent population is on the rise and adolescent dating violence mimics many of the patterns of adult intimate partner violence. Children who grow up in homes with violence are more likely to continue the cycle of violence in their future …