Digital Commons Network^™

Modal Retributivism: A Theory Of Sanctions For Attempts And Other Criminal Wrongs, Anthony M. Dillof

University of Richmond Law Review

Rather than building the case for modal retributivism from the ground up, this article takes the existing components of retributive thought and reassembles them into a sounder structure. The cogency of the argument against harm-based retributivism andthe appeal of modal retributivism will likely be strongest forthose who allow reason, as opposed to intuition, a leading role in resolving moral issues.

Beware Of Wooden Nickels: The Paradox Of Florida's Legislative Overreaction In The Wake Of Kelo, Ann Marie Cavazos

Journal Publications

This article addresses Florida's reaction to the United States Supreme Court decision in Kelo v. City of New London. In Kelo, the Court provided a more expansive view of "the public use" of the Fifth Amendment Takings Clause to include taking property from one private owner and transferring it to a corporation or non-private citizen when the transfer is deemed by the lawmakers to be in the public good or for a public purpose. Florida, together with several other states, concluded that such eminent domain takings, while constitutionally permissible, offend the states' sense of fair play as it relates to …

A Conversation With President Obama: A Dialogue About Poverty, Race, And Class In Black America, Joseph Karl Grant

Journal Publications

The date is November 13, 2012.1 Just mere days ago, I received the invitation of a lifetime. Last night, I arrived in Washington, D.C. I am staying in the Hay-Adams Hotel on the third floor. I still cannot believe the extent of my life's journey. I have just been summoned to the White House by second term President-elect Barack Obama, who defeated Mitt Romney, the Republican nominee for President on November 6, 2012. The 2012 Presidential Election was a hard-fought battle between Barack Obama on the Democratic side, and Mitt Romney on Republican side. The election was a like the …

Lawyers Suing Law Firms: The Limits On Attorney Employment Discrimination Claims And The Prospects For Creating Happy Lawyers, Nancy Levit

Faculty Works

It is more than a mild irony that anti-discrimination law fails lawyers in particular. This article addresses doctrinal and pragmatic limits on employment discrimination lawsuits by lawyers against their law firms. It considers the failures of the Title VII template to remedy the sorts of discrimination and dissatisfactions lawyers face in the practice of law, and concludes that many of the things that make lawyers unhappy are simply not reachable through employment discrimination lawsuits. The latter portion of the article turns to the recently emerging science of happiness literature. It suggests that the interests of lawyers and their firms may …

Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises, William K. Black

Faculty Works

No abstract provided.

The Testimonial Nature Of Multidisciplinary Team Interviews In Massachusetts: Applying Crawford To The Child Declarant, Laura E. Ruzzo

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Naked Truth: An In-Depth Look Into The Question Of Hearsay Admissibility At Probation Violation Hearings In Massachusetts, The Application Of Rule 6, And What It All Means For The Future Of The Massachusetts Probation System, Ashley Wirth

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Have You Been Drinking Tonight Ms. Prynne - Ohio's Scarlet Letter For Ovi/Dui Offenders: A Violation Of First Amendment Protection Against Compelled Speech, William Livingston

Cleveland State Law Review

This note examines the history of scarlet letter punishments. These types of sanctions raise many constitutional concerns; this Note will specifically address First Amendment compelled speech. Different standards of constitutional review for First Amendment violations and probation conditions will also be discussed. The note will also explain how Ohio's special license plate violates the First Amendment. Because the license plate is a legislative requirement that infringes upon free speech and eliminates judicial sentencing discretion, the state's interest must pass strict scrutiny. This analysis will confirm that the state's interest is legitimate but not compelling. The special license plate fails to …

Developing Standards Of Conduct For Prosecutors And Criminal Defense Lawyers, Bruce A. Green

Faculty Scholarship

No abstract provided.

Prosecutors' Ethical Duty Of Disclosure In Memory Of Fred Zacharias , Bruce A. Green

Faculty Scholarship

In the spring of 2009, I sent Fred Zacharias an e-mail to let him know that the American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility, on which I was serving, was working on an opinion on prosecutorial ethics and to suggest that once it was published, the opinion might be fodder for our next article. Over the preceding decade, Fred and I had coauthored five articles on the regulation of prosecutors,' and various others on the regulation of lawyers in general, but at that time, we had no work in progress and had been out of touch …

Publication List From D’Amour Library’S 9th Annual Faculty Authors’ Tea — Faculty Scholarship, 2010-2011, D'Amour Library

Faculty Publications - College of Arts and Sciences

9th Annual Faculty Authors' Tea

2011-2012 Undergraduate Bulletin, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.

2011-2012 Undergraduate Course Descriptions, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.

2011-2012 Graduate Bulletin, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.

In Brief

In Brief

Table of Contents

• Professors and Students Provide Assistance to Kenya Piracy Court
• Patents and the Human Genome
• Can a Party Appeal the Denial of Summary Judgment After Trial?
• The Federal Public Defender Externship
• Profile (Clancy)
• School of Law Selected by ABA Criminal Justice Section for Prosecution and Defense Standards Discussion
• The Coleman P. Burke Endowed Chair Honors Professor Leon Gabinet for Four Decades of Teaching
• Faculty Briefs
• School of Law Welcomes U.S. Supreme Court Justice Sonia Sotomayor
• School of Law's Ohio Bar Passage Rate for All Test Takers Highest in the State
• The Kramer Family Continues to Positively Impact Law …

In Brief

In Brief

Table of Contents

• A Conversation with Dean Mitchell, the School of Law's 17th Dean
• The Constitutionality of the Individual Mandate in the Affordable Care Act
• Do Forensic Scientists Have Confirmation Bias?
• Internet Domains, Trademarks, and Free Speech
• Employment Discrimination Law and the Concept of Immutability
• Getting What You Pay For
• Protecting Gideon v. Wainwright
• New Interdisciplinary Graduate Program (FUSION)
• Faculty Briefs
• Expand Your Network by Connecting with Students
• Commencement 2011
• Update from Student Bar Association President Jocelyn Hsaio
• Alumni Spotlight
• Working for the Special Tribunal for Lebanon (Rassi)
• Class Notes
• in Memoriam

Rethinking Addiction: Drugs, Deterrence, And The Neuroscience Revolution, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This article connects the debate about addiction with the fundamental criminal law principle of deterrence. It seeks to bridge the gap between the competing medical and criminal justice approaches by exploring addiction in light of recent research about the brain, gender differences, and what works best from both a treatment and justice perspective. To sharpen the issues, the article deliberately focuses on the emotionally freighted subject of pregnant drug users. This approach will illuminate prevailing assumptions about how biological, genetic, cultural, and other environmental factors shape human behavior and challenge conventional understandings of deterrence in light of new research on …

Embryo “Adoption”? The Rhetoric, The Law, And The Legal Consequences, Polina M. Dostalik

NYLS Law Review

No abstract provided.

Jury Nullification, Race, And The Wire, James M. Keneally

NYLS Law Review

No abstract provided.

Fictionalized Criminal Law And Youth Legal Consciousness, Avi Brisman

NYLS Law Review

No abstract provided.

Demonization Of Divorce: Prevalence Rates And Links To Postdivorce Adjustment, Elizabeth J. Krumrei-Mancuso, Annette Mahoney, Kenneth I. Pargament

All Faculty Open Access Publications

The meaning-making process can be crucial to individuals as they adjust to their divorce. Demonization is a negative coping response (also known as spiritual struggle) that involves appraising someone or something as related to demonic forces. Individuals may cognitively frame a divorce as the work of Satan in order to understand suffering while maintaining beliefs in a just world or benevolent God. In this study, nearly half (48%) of the community sample (N = 100) endorsed some form of demonization related to their recent divorce. Differences were observed in psychological postdivorce adjustment (post-traumatic stress, depression, anger, and positive/negative spiritual emotions) …

The Door(S) Of No Return : How The Legacy Of Slavery Impacts Birth Outcomes For African American Women, Jennifer Baxendale Lally

Theses, Dissertations, and Projects

This theoretical study will explore the health disparity between the birth outcomes for white Americans and African Americans. Over the past five years there has been an increase in the literature coming out of the medical community examining this disparity. The recent interest has to do, in part, with the unresolved mystery these stark discrepancy posses. Through an exploration of historical developments beginning with the trans Atlantic slave through to the current state of African American women's reproductive health I will attempt to expand the understanding of how we as a society might better address the great imbalance in health …

Creditor Claims In Arbitration And In Court, Christopher R. Drahozal, Samantha Zyontz

UC Law Business Journal

This article compares debt collection cases brought by business claimants in arbitration-both individual AAA debt collection arbitrations and cases brought under a program of debt collection arbitrations administered by the AAA-to debt collection cases brought in court. This research adds new information to the policy debate over consumer arbitration. The differing win rates for business claimants and consumer claimants appear to result from two factors, neither of which provides evidence of bias in favor of business claimants. First, the types of claims businesses bring in arbitration tend to differ from the types of claims consumers bring. Second, business claims are …

Exploring Separable Components Of Institutional Confidence, Joseph A. Hamm, Lisa M. Pytlik Zillig, Alan Tomkins, Mitchel Herian, Brian H. Bornstein, Elizabeth Neeley

Department of Psychology: Faculty Publications

Despite its contemporary and theoretical importance in numerous social scientific disciplines, institutional confidence research is limited by a lack of consensus regarding the distinctions and relationships among related constructs (e.g., trust, confidence, legitimacy, distrust, etc.). This study examined four confidence-related constructs that have been used in studies of trust/confidence in the courts: dispositional trust, trust in institutions, obligation to obey the law, and cynicism. First, the separability of the four constructs was examined by exploratory factor analyses. Relationships among the constructs were also assessed. Next, multiple regression analyses were used to explore each construct’s independent contribution to confidence in the …

Voices Of Parolees Who Have Chosen A Community College Element Within A Reentry Program, Kristi S. Potts

Dissertations

The purpose of this phenomenological study was to describe and understand how parolees experience participating in the community college element of a reentry program. This program was located in a Midwestern county and the parolees who chose to participate in the higher education aspect of this reentry program were a small subset of those who participated in the overall reentry program. Research questions included: What influences a parolees' decision to enroll in the community college element within a reentry program? How do such parolees describe their experiences as a student in a community college? How do such parolees describe the …

Evil Women And Innocent Victims: The Effect Of Gender On California Sentences For Domestic Homicide, Ryan Elias Newby

UC Law SF Journal on Gender and Justice

A quantitative and qualitative examination of seventy-three domestic homicide cases in California suggests that, to the extent women and men commit domestic homicide in different ways and for different reasons, their outcomes at trial are different. Women were more likely to receive weapons enhancements because of their constrained options vis-a-vis weapon choice. However, women who are able to show prior aggression by their male partners may receive lesser sentences than their male and female counterparts even though they are still convicted of an unlawful killing, i.e., when they are unable to prove perfect self-defense. This Note argues that the extent …

Notable Bills Of The 2011 General Assembly

Richmond Journal of Law and the Public Interest

House and Senate Bills from the 2011 General Assembly

Future Of Equality For Virginia's Tribes: Reform The Federal Recognition Process To Repair Injustice,, Katherine Womack

Richmond Journal of Law and the Public Interest

This article first examines the historical background of the Virginian-American Indian identity after European contact in Part I. This section looks at the early interactions between American Indians and colonial settlers, the treaties that defined American Indian identity, and the first government-to-government relationships between the tribes and colonial powers. It also follows the changing social attitudes toward American Indians. Part II discusses how social attitudes in the early twentieth century about American Indians led to longreaching legal effects for Virginian-American Indians. Part III details the federal recognition process, and discusses how and why it denies Virginia's tribes an equal place …

Utah V. Manuel Hurtado Rincon : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for identity fraud, a second degree felony, in the Second Judicial District Court of Utah, Weber County, the Honorable Michael Direda presiding

Jed A. Gressman V. State Of Utah : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF RESPONDENT/APPELLANT