Digital Commons Network^™

Prosecuting Federal Crimes In State Courts, Michael G. Collins, Jonathan R. Nash

Faculty Articles

Despite the ancient maxim that the courts of one sovereign will not “execute the penal laws of another,” they sometimes do. For example, federal courts can hear state-law criminal prosecutions of federal officers for acts taken in the course of their duties that are brought initially in state court and are then removed to federal court. In addition, some states now open their courthouse doors to officials from other states to pursue tax enforcement actions against delinquent taxpayers. But states still do not (and perhaps cannot) entertain prosecutions of fugitives solely for crimes committed in another state because the Constitution …

In Memoriam: James A. Inciardi, Professor Of Sociology & Criminal Justice And Director Of The Center For Drug & Alcohol Studies At The University Of Delaware, Wendee Wechsberg, Duane C. Mcbride, Hilary Surratt

Faculty Publications

No abstract provided.

Sage Collection, Ucf Libraries

Technology Fee Funded Projects

The UCF Libraries is requesting $124,450 to purchase the 2011 Sage Deep Backfile Collection. Sage Publications, Inc. is a respected academic publisher with strong content in business, humanities, social sciences, science, technology, and medicine. Sage journals, books, and electronic media are used by scholars, practitioners, researchers, and students. The UCF Libraries continues to pursue complete access to content from major academic publishers to meet current needs and to ensure long term access to the content. The Sage Deep Backfile Collection, with its strong humanities content, will complement the Complete Springer Archives, purchased with 2010 Technology Fee funding, which has a …

Notable Bills Of The 2011 General Assembly

Richmond Public Interest Law Review

House and Senate Bills from the 2011 General Assembly

Judge Thompson And The Appellate Court Confirmation Process, Carl W. Tobias

Law Faculty Publications

Judge 0. Rogeriee Thompson's appointment to the United States Court of Appeals for the First Circuit was an historic moment, as she became the tribunal's first African American member. The Senate confirmed her in five months on a 98-0 vote, more expeditiously than any of President Barack Obama's other appellate nominees. Indeed, Fourth Circuit nominee Judge Albert Diaz waited thirteen months for approval. The slow pace of judicial confirmation demonstrates that the charges and recriminations, the partisanship and the serial paybacks, which have infused appointments for two decades, remain. Judge Thompson's confirmation, accordingly, deserves celebration and recounting. It both illuminates …

A Punishing Court Docket, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Reading Charles Black Writing: "The Lawfulness Of The Segregation Decisions" Revisited, Kendall Thomas

Faculty Scholarship

The year 2010 marked the fiftieth anniversary of the publication of Charles L. Black, Jr.'s "The Lawfulness of the Segregation Decisions." Professor Black's magisterial essay on the Supreme Court's 1954-1955 decisions in Brown v. Board of Education and its companion cases is, by any account, a foundational text in the scholarly literature on race and law in the United States. Black's short but searing defense of Brown introduced ideas and arguments about race, about law, and about the law of race that transformed the field. I can think of no better way to celebrate this inaugural issue of the Columbia …

Purple Haze, Clare Huntington

Faculty Scholarship

It takes only a glance at the headlines every political season – with battles over issues ranging from abortion and abstinence-only education to same-sex marriage and single parenthood – to see that the culture wars have become a fixed feature of the American political landscape. The real puzzle is why these divides continue to resonate so powerfully. In Red Families v. Blue Families: Legal Polarization and the Creation of Culture, Naomi Cahn and June Carbone offer an ambitious addition to our understanding of this puzzle, illustrating pointedly why it is so hard to talk across the political divide. In a …

Impact Of Teacher Demographic, Knowledge, And Instructional Variables On Children's Language Development, Donna Ellis

UNF Graduate Theses and Dissertations

The purpose of the present study was to determine whether a set of teacher demographic, knowledge, and instructional variables is related to preschool children’s literacy development. Specifically, the study investigated how these teacher variables impact children’s language development scores on the four subscales of the Preschool Language Assessment Instrument, Second Edition (PLAI2) and the four subscales of the Test of Language Development – Primary, Fourth Edition (TOLD-P:4). There were two major research questions in the study: (a) Will the predictor set of CLASS emotional support, CLASS classroom organization, CLASS instructional support, level of education, years teaching pre-kindergarten, and answers on …

An Institutionalization Effect: The Impact Of Mental Hospitalization And Imprisonment On Homicide In The United States, 1934-2001, Bernard E. Harcourt

Faculty Scholarship

Previous research suggests that mass incarceration in the United States may have contributed to lower rates of violent crime since the 1990s but, surprisingly, finds no evidence of an effect of imprisonment on violent crime prior to 1991. This raises what Steven Levitt has called “a real puzzle.” This study offers the solution to the puzzle: the error in all prior studies is that they focus exclusively on rates of imprisonment, rather than using a measure that combines institutionalization in both prisons and mental hospitals. Using state-level panel-data regressions over the 68-year period from 1934 to 2001 and controlling for …

Santa Clara Law 1911-2010: Centennial Faculty Bibliography, Mary D. Hood

Faculty Publications

Faculty scholarship represents the intellectual life of a law school. To feature our faculty‟s scholarly efforts, the reference staff at Heafey Law Library maintains a database of the published scholarship of full-time faculty and other academic staff currently in residence at Santa Clara Law. This database consists of all publications of faculty through their tenure at Santa Clara. As the law school began to make plans to celebrate its centennial birthday it seemed appropriate for the law library to contribute to the occasion. What more fitting way to mark this historic milestone than to have the library staff create a …

The Impact Of Family, Community, And Resilience On African-American Young Adults Who Had Parents Incarcerated During Childhood, Marilyn Diana Ming

Dissertations

Problem. Parental incarceration affects millions of children, and their numbers continue to rise. By losing their parents, children can be exposed to unique risks, relative to the separation. Many children face family structure disintegration, and this can be so disruptive that their normal development is impaired. Evidence suggests that children are impacted psychologically, socially, and financially. The result is the display of problematic behavior, being aggressive or withdrawn at home and in their communities. The concentration of the incarceration trends seems to be in poor African-American communities. Incarceration has left higher numbers of children without parents, making the collateral damage …

Normative Elements Of Parole Risk, W. David Ball

Faculty Publications

Parole boards evaluate the public safety risk posed by parole-eligible prisoners to determine whether they should be released. In this Essay, I argue that this process, at least as it operates in California, is fundamentally flawed because it asks the wrong question. Rather than ask whether an inmate poses any public safety risk, parole board officials should instead ask whether this risk is worth taking.

One way to answer this question would be to make our calculations more inclusive of all the costs and benefits of release and comparing them with the costs and benefits of retention. Elementary as this …

Preference And Tranquility For Houses Of Worship, Thomas R. Herzog, Lauren E. Gray, Amy M. Dunville, Angela M. Hicks, Emily A. Gilson

Peer Reviewed Articles

Participants rated houses of worship for one of seven variables: preference, tranquility, age, visual richness, building care, potential for recovery from fatigued attention, and potential for reflection. Factor analysis of the preference ratings yielded four content categories: “contemporary,” “traditional,” “unusual architecture,” and “older red brick churches.” Preference was positively correlated with visual richness and building care in the contemporary and traditional categories and had a positive partial correlation with age in the traditional category. Tranquility was positively correlated with preference, building care, recovery, and reflection in the contemporary category but only with reflection in the traditional category. Tranquility was rated …

The Regrettable Clause: United States V. Comstock And The Powers Of Congress, H. Jefferson Powell

Faculty Scholarship

In this Article, Powell argues that in Comstock, the Court encountered one of the oldest and most basic constitutional issues about the scope of congressional power-whether there are justiciable limits to the range of legitimate ends Congress may pursue. The Justices, without fully recognizing the fact, were taking sides in an ancient debate, and in doing so, they inadvertently reopened an issue that ought to be deemed long settled. Part II of the Article first addresses the question before the Court in Comstock, which was limited to a pure question of Article I law: is a specific provision of a …

Good Faith And Law Evasion, Samuel W. Buell

Faculty Scholarship

Laws imposing sanctions can be self-defeating by supplying incentive and guidance for actors engaged in socially undesirable activities to reshape conduct to avoid penalties. Sometimes this is deterrence. But if the new activity, as much as the old, contravenes the normative stance of the legal project, it is a failure of law. The problem of evasion warrants response in many fields - not least in criminal law despite the frequent and too simple assumption that legality-related values require narrow prohibitions that unavoidably permit evasion. Three common responses to evasion have serious deficits. Foregoing control of evasion is a mistake if …

Reverse Incorporation Of State Constitutional Law, Joseph Blocher

Faculty Scholarship

State supreme courts and the United States Supreme Court are the independent and final arbiters of their respective constitutions, and may therefore take different approaches to analogous state and federal constitutional issues. Such issues arise often, because the documents were modeled on each other and share many of the same guarantees. In answering them, state courts have, as a matter of practice, generally adopted federal constitutional doctrine as their own. Federal courts, by contrast, have largely ignored state constitutional law when interpreting the federal constitution. In McDonald v. Chicago, to take only the most recent example, the Court declined to …

Sex Offender Reintegration : Exploring And Managing The Barriers To Employment, Jenna Marko

Honors Capstones

Employment reduces the risk of recidivism for sex offenders by providing pro-social opportunities, structured schedules, and steady income. However, legislation and stigmatization often prevent sex offenders form obtaining and/or maintaining employment. This is detrimental not only to the reintegration of the sex offender into society, but also to the community itself. The skills, knowledge, and abilities of the sex offender are lost to the stigma of the label while the lack of employment increases the risks associated with recidivism. There are a variety of resources available to sex offenders that may increase the likelihood of obtaining or maintaining employment, such …

Investigating Cell Line Identity And Gene Regulation In A Broad Array Of Human Hepatocellular Carcinoma, Ashley Mottar

Honors Capstones

Cultured cancer cell lines are a widely used approach in our biology research. Our lab uses several human liver cancer lines to study the role of two amino acid transporters (ASCT2 and LAT1) during growth. To validate the identity of each line for comparative results, a means of positive ID is needed. Short tandem repeat (STR) analysis is a method that uses the polymerase chain reaction (PCR) to examine 'w' specific DNA regions, called loci, which surround specific genes. Originally used in forensic analysis and paternity testing, STR analysis has recently become incorporated into research laboratories. The reason is due …

Developmental Trajectories Of Self-Control: Assessing The Stability Hypothesis, James Vance Ray

USF Tampa Graduate Theses and Dissertations

A key proposition of Gottfredson and Hirschi's (1990) self-control theory is the stability hypothesis which suggests that an individual's level of self-control, once established between the ages of 8-10, is stable over the life course. Empirical results from examinations of the stability hypothesis have been mixed. Prior tests of the stability hypothesis have employed aggregate assessment methods (e.g., mean-level and correlational analyses). Such approaches fail to take into account the possibility that individual developmental pathways may differ. This study employs individual longitudinal data over a four year period for 3,249 7^th to 10^th grade subjects to assess the …

Where Do We Go From Padilla V. Kentucky? Thoughts On Implementation And Future Directions, Maureen A. Sweeney

Faculty Scholarship

On March 31, 2010, the U.S. Supreme Court held in the landmark case of Padilla v. Kentucky that the Sixth Amendment right to effective assistance of counsel in criminal cases includes the right for non-U.S. citizens to be correctly and specifically advised about the likely immigration consequences of a plea agreement. The decision represents an important shift in the way courts have addressed such claims by noncitizen defendants. The Court’s decision recognizes a constitutional requirement that defense counsel provide advice in an area of law in which few defense counsel are knowledgeable, and therefore raises important and difficult questions about …

Vol. 39, No. 2: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

The Future Of Human Rights In The Age Of Globalization, M. Cherif Bassiouni

Denver Journal of International Law & Policy

No abstract provided.

Graduate And Undergraduate Catalog, 2011-2012, Eastern Washington University, Washington State Library. Electronic State Publications

Course Catalogs

Eastern Washington University's course catalog for the 2011-2012 academic year.

Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Lissa Griffin, Stacy Caplow

UC Law Constitutional Quarterly

The newest revision of the influential ABA Standards for the Prosecution and Defense Function recognizes the changing practices and attitudes in today's criminal justice system. Placing even more responsibility on prosecutors than past versions, the proposed Standards require prosecutors to be problem-solvers and reformers who consult and cooperate with defense counsel when engaging in both routine and systemic matters. These changes signal new responsibilities for prosecutors that call for more than lip service to their role as administrators of justice. Candor, cooperation and civility are now explicit values that should pervade all dealings between prosecutors, defense lawyers and courts.

Lochner V. New York (1905) And Kennedy V. Louisiana (2008): Judicial Reliance On Adversary Argument, Douglas E. Abrams

UC Law Constitutional Quarterly

Chief Justice William H. Rehnquist called Lochner v. New York "one of the most ill-starred decisions that [the Supreme Court] ever rendered." The Justices' deliberations in the case demonstrate the courts' reliance on advocacy in the adversary system of civil and criminal justice. The stark imbalance between the state's "incredibly sketchy" brief and Joseph Lochner's sterling submission may have determined Lochner's outcome, and thus may have changed the course of constitutional history, by leading two Justices to join the majority on the central question of whether New York's maximum-hours law for bakery workers was a reasonable public health measure.

The …

Secure In Their Yards - Curtilage, Technology, And The Aggravation Of The Poverty Exception To The Fourth Amendment, Amelia L. Deidrich

UC Law Constitutional Quarterly

Throughout the history of American jurisprudence, curtilage-the physical space surrounding a home-has been deemed to share the heightened Fourth Amendment protections that have traditionally been applied to the home itself. However, a recent trend in United States Supreme Court decisions has carved out an exception to the heightened Fourth Amendment protection of curtilage. In cases involving an alleged Fourth Amendment search where technological advancements were used in the intrusion of a defendant's curtilage, the Court fails to apply the traditionally heightened Fourth Amendment protections to curtilage. This change threatens to aggravate the already present Poverty Exception to the Fourth Amendment …

Contemporary Prosecutions Of Civil Rights Era Crimes: An Argument Against Retroactive Application Of Statute Of Limitations Amendments, Michael Rowe

Journal of Criminal Law and Criminology

No abstract provided.

Racial Discrimination In The Administration Of The Death Penalty: The Experience Of The United States Armed Forces (1984–2005), David C. Baldus, Catherine M. Grosso, George Woodworth, Richard Newell

Journal of Criminal Law and Criminology

No abstract provided.

Sex Offender Exceptionalism And Preventative Detention, Corey Rayburn Yung

Journal of Criminal Law and Criminology

No abstract provided.