Digital Commons Network^™

Family Structure As A Social Context For Family Conflict: Unjust Strain And Serious Delinquency, Ryan E. Spohn, Don L. Kurtz

Criminology and Criminal Justice Faculty Publications

Two major themes in the delinquency literature are the roles of family structure and childhood victimization. Combining these two lines of research, the current project examines the unique contribution of family structure and victimization on the serious delinquency of a nationally representative sample of adolescents. In addition, we examine whether the form of families serves to condition the relationship between victimization and delinquency. Past research indicates that abuse is more likely to occur in two-parent families of a ‘‘mixed’’ form, specifically in the presence of a live-in boyfriend or stepfather. However, little is known regarding the impact of victimization on …

Graduate Academic Catalog (2011-2012), University Of Nebraska At Omaha

Graduate Catalogs

For many, earning a graduate degree is a way to advance in a career, for others it's the next step toward a doctorate degree and for others it's the right thing to do. At the University of Nebraska at Omaha (UNO) you'll experience a university dedicated to being a leading resource for graduate study, one that offers the right learning environment focused on your success.

As a graduate student at UNO, you will have the opportunity to develop independent scholarship and gain greater competence in research and other applied activities. Rigor, combined with real-world experience and innovation help create a …

The Death Of Slander, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

Technology killed slander. Slander, the tort of defamation by spoken word, dates back to the ecclesiastical law of the Middle Ages and its determination that damning someone’s reputation in the village square was worthy of pecuniary damage. Communication in the Twitter Age has torn asunder the traditional notions of person-to-person communication. Text messaging, tweeting and other new channels of personal exchange have led one of our oldest torts to its historic demise.

At common law, slander was reserved for defamation by speech; libel was actionable for the printed word. This distinction between libel and slander, however, rests on a historical …

Contents, Anon

Washington International Law Journal

No abstract provided.

Is Saving An Innocent Man A "Fool's Errand"? The Limitations Of The Antiterrorism And Effective Death Penalty Act On An Original Writ Of Habeas Corpus, Krystal M. Moore

University of Dayton Law Review

No abstract provided.

How Priming Of Behavioral Symptoms May Affect College Students’ Decision To Diagnose, Caitlen Gilley, Sarah Stertz

The Journal of Undergraduate Research

Two disorders that have increased in diagnosis and in media awareness in the past two decades are Attention-Deficit Hyperactivity Disorder (ADHD) and autism. Psychologists use priming as a tool to test availability of schemas and concepts. The current study focuses on how priming of ADHD and autism symptoms affects college students’ diagnoses of the corresponding disorder. Also considered is that the control group will diagnosis ADHD more often because of the vast media awareness of ADHD today. The participants in this study were male and female undergraduates at South Dakota State University. There was no significance found for the two …

Forecast, Winter 2010-2011, Illinois State University, College Of Applied Science And Technology

foreCAST

Magazine of the Illinois State University College of Applied Science and Technology

Courts' Increasing Consideration Of Behavioral Genetics Evidence In Criminal Cases: Results Of A Longitudinal Study, Deborah W. Denno

Faculty Scholarship

This article, which is part of a symposium honoring David Baldus, presents a unique study of all criminal cases (totaling thirty-three) that addressed behavioral genetics evidence from June 1, 2007, to July 1, 2011. The study builds upon this author’s prior research on all criminal cases (totaling forty-eight) that used such evidence during the preceding thirteen years (1994-2007). This combined collection of eighty-one criminal cases employing behavioral genetics evidence offers a rich context for determining how the criminal justice system has been handling genetics factors for nearly two decades, but also why the last four years reveal particularly important discoveries. …

From The Welfare State To The Militarized Market: Losing Choices, Controlling Losers, Martha T. Mccluskey

Contributions to Books

Published as Chapter 1 in Accumulating Insecurity: Violence and Dispossession in the Making of Everyday Life, Shelley Feldman, Charles Geisler & Gayatri A. Menon, eds.

Beneath a libertarian surface, free market economic ideas and policies have helped rationalize the strengthening of anti-democratic moral and political fundamentalism. The triumph of market freedom has been accompanied by increasing authoritarian government control in many spheres.

This chapter explains how a two-step rhetorical move in prevailing economic ideology turns authoritarianism and austerity into the route to freedom and growth. First, free market ideology constructs the increasingly limited and bad economic choices of a declining …

6+5 = Discrimination? Why Fifa's Proposed Quota Rule Doesn't Add Up

Dickinson Law Review (1908-2003)

No abstract provided.

The Need To Overrule Mapp V. Ohio, William T. Pizzi

University of Colorado Law Review

This Article argues that it is time to overrule Mapp v. Ohio. It contends that the exclusionary rule is outdated because a tough deterrent sanction is difficult to reconcile with a criminal justice system where victims are increasingly seen to have a stake in criminal cases. The rule is also increasingly outdated in its epistemological assumption which insists officers act on "reasons" that they can articulate and which disparages actions based on "hunches" or "feelings." This assumption runs counter to a large body of neuroscience research suggesting that humans often "feel" or "sense" danger, sometimes even at a subconscious level, …

Rethinking Parental Incarceration, Sarah Abramowicz

University of Colorado Law Review

Recent changes in sentencing law, in the wake of cases interpreting Blakely v. Washington and United States v. Booker, have raised the possibility that courts sentencing parents may take children's interests into account more extensively than had previously been permissible. Now is thus an opportune time to reevaluate the merits of considering children's interests when sentencing parents. This Article uses the perspective of family law to offer a new rationale for, and a new approach to, taking children's interests into account when sentencing their parents. It does so by bringing out the connection between the debate over parental incarceration and …

Things Fall Apart: Regulating The Credit Default Swap Commons, Kristen N. Johnson

University of Colorado Law Review

Financial markets are an important national and international infrastructure resource that reflect attributes similar to the those that characterize commons, as described in property law literature. Through a case study examining the credit default swap market, this Article illustrates the analogy between financial markets and a traditional commons. After exploring the attributes of a commons, this Article examines the costs and benefits of the credit default swap market. Similar to a traditional commons, tragedy in financial markets occurs when market participants capture benefits while imposing the costs or negative externalities from their activities on other members of society. Commons scholars' …

Fraud: A Review And Research Agenda, Pan, Gary, Poh Sun Seow, Themin Suwardy, Hui Ting Evelyn Gay

Research Collection School Of Accountancy

Corporate scandals such as Enron, Tyco, WorldCom and Adelphia have drawn significant attention to the occurrence of fraud. This has implications for public interest as the prevalence and consequences of fraud may affect the shareholders, creditors and the public’s confidence in the financial system. Much research has been published on various aspect of fraud. In this paper, we selected fraud articles published in accounting and management journals between 1996 and 2010 based on selected search phrases. We identified a total of 56 articles and perform content analysis on the fraud phenomenon in the articles, classified them into a number of …

The Drug War In Mexico: Consequences For Mexico's Nascent Democracy, Katrina M. Weeks

CMC Senior Theses

In recent years Mexico has been confronted with accelerating levels of violence related to drug trafficking organizations and counter-drug efforts. This paper examines the consequences of Mexico’s current drug trafficking situation on the country’s fledging democracy. In particular, the impact of the drug war on Mexico’s democratic consolidation is evaluated through civil-military relations, the judicial system, and the press. Conclusions about the prospects for Mexico’s nascent democracy are then examined.

Powers Of War: President Versus Congress, Jordan D. Santo

CMC Senior Theses

Before the United States Constitution was ratified there was much debate about what war powers the executive and legislative branches should hold. After much deliberation it was decided that the power to declare war would fall under the control of Congress. But as time passed, control over initiating military action began to shift from Congress to the President. This thesis examines the shift of power from the legislature to the President. The thesis explains the difference between a declaration of war, an authorization of force, as well as using the military as a police force. It examines the precedents set …

Redistricting In California: Its Effects On Voter Turnout In Minority Populations And Misrepresentation, Carlos A. Hernandez

CMC Senior Theses

This thesis analyzes the history behind reapportionment and how the task of redistricting has differed in the past decades. For the most part, there was always been a public outcry when the task was in the hands of the Legislature. Fear of political gerrymandering and the creation of safe districts was enough for people to pass a series of initiatives to try and correct the system. While many initiatives failed to pass, Proposition 11, passed in 2008, created the Citizen’s Redistricting Commission—a 14-member committee put in charge of drawing this years’ plans. This paper also looks at population trends in …

The Needs Of Rural Homeless Families In Grafton County, New Hampshire: A Qualitative Inquiry, Pamela B. Thyng

Master's Theses and Capstones

This study explored the experiences of homeless families in the rural area of Grafton County in New Hampshire. In the literature review there is evidence that the needs of homeless people in rural areas are unique. Because of the unique needs of this population the service providers face different obstacles than their counterparts in urban areas. The researcher interviewed (N=7) homeless family members living in, or previously living in, a shelter as well as county government officials in the region. Through the use of a semi-structured interview and a grounded theory approach to the analysis of the data several themes …

Rape In Prison: A Hidden Epidemic, Mark L. Wefers

Master's Theses and Capstones

America's prisons are filled. The war on crime has created a bulging prison system. Inside the jails and prisons, crime -- especially rape -- occurs every day. Traditionally, the rape of prisoners in the American prison system was either ignored or the subject of bad jokes. Recently, serious inquiry has begun into the incidence of sexual assault behind prison walls. This study examines prison rape. Using data generated as a result of the Prison Rape Elimination Act, along with statistics from national databases and testimony from victims of prison rape and their advocates, this study suggests that the incidence of …

Evaluation Of Bureau Practice For Illegal Drugs Use Among Teens, Sharon D. Heard

Walden Dissertations and Doctoral Studies

The Bureau of Substance Abuse Treatment Recovery and Prevention, which oversees drug intervention services for Detroit residents, has found the city's illegal drug use among teens to mirror national rates. Illegal drug use is associated with addiction, major health problems, and stigma. Incorporating evidence-based screening during all teen health care visits would decrease missed opportunities to identify at-risk behaviors, the number of teens that do not receive intervention, and the stigma associated with screening. The purpose of this project was to develop evidence-based policy and practice guidelines for teen screening services for illegal drug use. The Plan-Do-Study-Act (PDSA) model was …

Joint Intentions To Commit International Crimes, Jens David Ohlin

Chicago Journal of International Law

The following article is an attempt to provide a coherent theory that international tribunals may use to ground the imposition of vicarious liability for collective crimes. Currently, the case law and the literature is focused on a debate between the Joint Criminal Enterprise JCE) doctrine applied by the International Criminal Tribunal for the former Yugoslavia (ICTY) and the co-perpetration doctrine applied by the International Criminal Court (ICC), which defines co-perpetrators as those who have joint control over the collective crime. The latter doctrine, influenced by German criminal law theory, has recently won many converts, both in The Hague and in …

Murder And Martial Justice: Spying And Retribution In Wwii America. By Meredith Lentz Adams (Kent, Ohio: The Kent State University Press, 2011), Millard E. Moon Ed.D.

Journal of Strategic Security

No abstract provided.

Comparative Empiricism And Police Investigative Practices, Christopher Slobogin

Vanderbilt Law School Faculty Publications

In the search and seizure context, the United States is much more heavily wedded to warrants and exclusion than European countries and in the interrogation setting requires more robust warnings than most nations in Europe. Comparative empiricism is an empirical assessment of the relative effectiveness of these types of differences between nations regulatory regimes. In the law enforcement context, this type of assessment might be the only realistic means of determining the combination of mechanisms that best protects against government over-reaching without unduly stymying good police-work. Domestic research that attempts to explore differing regulatory approaches either occurs in experimental settings …

Can They Do That To Me - Does The Eighth Amendment Protect Children's Best Interests?, Maryam Ahranjani

Scholarly Works

No abstract provided.

Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper responds to a symposium article by Angela Harris, arguing "mass incarceration" should be understood as "hyper-incarceration" because it is targeted based on multiple dimensions of identities. He extends Harris's analysis of the multidimensionality of identities by means of a case study of how class operates during the drug war era, as depicted in the critically acclaimed HBO drama The Wire.

The Promise Of Mancari: Indian Political Rights As Racial Remedy, Addie C. Rolnick

Scholarly Works

In 1974, the Supreme Court declared that an Indian employment preference was based on a "political rather than racial" classification. The Court's framing of Indianness as a political matter and its positioning of "political" and "racial" as opposing concepts has defined the trajectory of federal Indian law and influenced common sense ideas about what it means to be Indian ever since. This oppositional framing has had specific practical consequences, including obscuring the continuing significance of racialization for Indians and concealing the mutually constitutive relationship between Indian racialization and Indian political status. This Article explores the legal roots of the political …

Medicine@Yale July/August 2011 Volume 7, Issue 3, Yale School Of Medicine Office Of Communications

Medicine@Yale - development newsletter

Medicine@Yale : advancing biomedical science, education and health care was a print and online newsletter which published news about academics, research and philanthropy for alumni, donors, faculty, students and the general public. It was initially published 6 times a year and then changed to a quarterly schedule. The first issue came out June/Jul. 2005. The final issue was published in May/June 2022, vol. 17, issue 1. Published by Yale School of Medicine, Office of Communications.

2011-2012 Law School Catalog, Southern Methodist University, Dedman School Of Law

Law School Catalogs/Bulletins, 1926-present

No abstract provided.

Due Process In Civil Commitments, Alexander Tsesis

Washington and Lee Law Review

In one of its most controversial decisions to date, United States v. Comstock, the Roberts Court upheld a federal civil commitment statute requiring only an intermediate burden of proof. The statute provided for the postsentencing confinement of anyone proven by "clear and convincing evidence" to be mentally ill and dangerous. The law relied on a judicial standard established more than thirty years before. The majority in Comstock missed the opportunity to reassess the precedent in light of recent psychiatric studies indicating that the ambiguity of available diagnostic tools can lead to erroneous insanity assessments and mistaken evaluations about patients’ likelihood …

Reflections On Rothko And Writing: A Response To Pierre Schlag's Lecture On The State Of Legal Scholarship, Olympia Duhart

Nova Law Review

No abstract provided.