Digital Commons Network^™

Brady Is The Problem: Wrongful Convictions And The Case For “Open File” Criminal Discovery, Brian Gregory

University of San Francisco Law Review

No abstract provided.

The Need For Special Veterans Courts, Samantha Walls

Denver Journal of International Law & Policy

No abstract provided.

The Politics Of International Justice - U.S. Policy And The Legitimacy Of The Special Tribunal For Lebanon, John Cerone

Denver Journal of International Law & Policy

No abstract provided.

Applying The Rules Of Discovery To Information Uncovered About Jurors, Thaddeus A. Hoffmeister

School of Law Faculty Publications

As more and more personal information is placed online, attorneys are increasingly turning to the internet to investigate and research jurors. In certain jurisdictions, the practice has become fairly commonplace. One prominent trial consultant has gone so far as to claim, “Anyone who doesn’t make use of [internet searches] is bordering on malpractice.” While this may somewhat overstate the importance of investigating jurors online, it nonetheless demonstrates just how routine the practice has become. Aside from increased acceptance among practitioners, courts have both approved of and encouraged online investigation of jurors.

While many view this practice as a benefit to …

Afghanistan Connection : Heroin Production, Distribution, And Consumption , Brandon J. Swartz

Dissertations, Master's Theses and Master's Reports - Open

Heroin prices are a reflection of supply and demand, and similar to any other market, profits motivate participation. The intent of this research is to examine the change in Afghan opium production due to political conflict affecting Europe’s heroin market and government policies. If the Taliban remain in power, or a new Afghan government is formed, the changes will affect the heroin market in Europe to a certain degree. In the heroin market, the degree of change is dependent on many socioeconomic forces such as law enforcement, corruption, and proximity to Afghanistan. An econometric model that examines the degree of …

Dennis Mares Has A Clue About Criminal Gangs, Aldemaro Romero Jr.

Publications and Research

No abstract provided.

The Venn Diagram Of Business Lawyering Judgments: Toward A Theory Of Practical Metadisciplinarity, Jeffrey M. Lipshaw

Seton Hall Law Review

No abstract provided.

The Decentralization Of Immigration Law: The Mischief Of § 287(G), Marissa B. Litwin

Seton Hall Law Review

No abstract provided.

Criminal Law In The Shadow Of Violence, Alice Ristroph

Faculty Scholarship

No abstract provided.

Prestigious Exhibit Spotlights Pressley's Work, Dick Anderson

Furman Magazine

No abstract provided.

Changing Teacher Candidates’ Perceptions Of Literacy In Content Classes: The Role Of Expert-Novice Dialogues, Peter Thacker, Sally Hood

Northwest Journal of Teacher Education

This manuscript details an exploratory study of an assignment in a literacy across the curriculum course that assisted teacher candidates to recognize the distance between expert and novice readers in their content specific teaching. The study explores how teacher candidates discovered strategies necessary to build comprehension of disciplinebased texts, particularly for novice readers. Data collection included multiple entries from thirty teacher candidate journals that were generated during partnered dialogues. Journals were analyzed for clues as to how teachers can better approach helping students to read varied disciplines’ texts with greater comprehension. Findings suggest that by placing teacher candidates in the …

Addressing Disproportionality In School Discipline Through Universal School-Widepositive Behavior Support, Kelly Lane

PCOM Psychology Dissertations

Suspensions are the most commonly used discipline strategy in schools and in many cases these lead to poor academic and behavioral outcomes for students. Suspensions are also implemented inconsistently as a consequence of disciplinary infractions; this has resulted in the disproportionate suspension rates of minority and special education students. Recently, school-wide Positive Behavior Support (SWPBS) has emerged as an alternative model to suspension. SWPBS is a proactive, school-wide approach to discipline, which focuses on teaching and reinforcing appropriate behavior to all students. The purpose of the current study is to examine the effectiveness of SWPBS on reducing disproportionate rates of …

Probation Officer Role Orientation, Helping Alliance, And Probationer Readiness For Change:The Impact On Juvenile Offender Recidivism, Wendy E. Wild

PCOM Psychology Dissertations

The aim of the present study was to investigate the individual and collective influences of officer role orientation, the helping alliance, and probationer readiness for change on the reduction of recidivism rates among juvenile offenders. Archival data from a sample of 33 officers and 314 juvenile probationers were examined. Data included an officer demographic form, a probationer demographic and recidivism form, the Subjective Role Orientation and Strategy Scale, the Dual Role Inventory-Revised Probationer Version, and the University of Rhode Island Change Assessment. Results demonstrated that the sample of probation officers overwhelmingly adopted a balanced approach to supervision. This limited a …

Delay In Process, Denial Of Justice: The Jurisprudence And Empirics Of Speedy Trials In Comparative Perspective, Jayanth K. Krishnan, C. Raj Kumar

Articles by Maurer Faculty

Criminal law scholars regularly maintain that American prisons are overcrowded and that defendants in custody wait long periods of time before having their cases brought to trial. A similar refrain is made of the penal process in India – the world’s largest democracy, an ally of the United States, and a country with a judiciary that has drawn upon American criminal procedure law. In fact, the situation in India is thought to be much worse. Accounts of prisoners languishing behind bars for several years – and sometimes decades – awaiting their day in court are not uncommon. And many Indian …

Punishing Without Free Will, Luis E. Chiesa

Journal Articles

Most observers agree that free will is central to our practices of blaming and punishment. Yet the conventional conception of free will is under sustained attack by the so-called determinists. Determinists claim that all of the events that take place in the universe – including human acts – are the product of causally determined forces over which we have no control. If human conduct is really determined by factors that we cannot control, how can our acts be the product of our own unfettered free will and what would that mean for the criminal law? The overwhelming majority of legal …

Can They Do That To Me?! Does The 8th Amendment Protection Children’S Best Interests?, Maryam Ahranjani

Faculty Scholarship

Children are our nation’s most valuable resource and also arguably our most vulnerable population. Recent decisions by the Supreme Court, including Roper v. Simmons (2005), Graham v. Florida (2010), and J.D.B. v. North Carolina (2011) indicate its willingness to consider the special characteristics of children in determining their rights; but, by and large, the Court’s analysis does not hinge on the best interests of the child. Can They Do That to Me?! Does the Eighth Amendment Protect Children’s Best Interests? explores case law in the public school and juvenile justice system arenas and concludes that a child-centered approach to punishment …

Dangerous Criminals, The Search For The Truth And Effective Law Enforcement: How The Supreme Court Overestimates The Social Costs Of The Exclusionary Rule, John P. Gross

Santa Clara Law Review

No abstract provided.

"Courting" Time: Assessing The Policy And Planning Issues Related To Adoption Of Case Processing Standards In The Kentucky Judicial System, John B. Dobson

MPA/MPP/MPFM Capstone Projects

No executive summary.

The Power Of Service Work: Developing A Consumer Volunteer Program For The House Of Hope, Inc., Darcy Wennes

All Graduate Theses, Dissertations, and Other Capstone Projects

House of Hope, Inc. (HOH) is a rural residential chemical dependency treatment center serving adults over the age of 18. HOH is a non-profit non-sectarian agency. Many clients at HOH have a dual diagnosis of chemical dependency and mental illness. Consumers at HOH are encouraged to volunteer, but are given limited support to do so. They have several hours in their day where there is no programming, and many consumers feel bored and unproductive. The literature suggests that there is a relationship between volunteer work carried out by consumers and their personal feelings of empowerment (Cohen, 2009) . Consumers’ feelings …

California’S Proposition 19: Selective Prohibition And Equal Basic Liberties, Martin D. Carcieri

University of San Francisco Law Review

No abstract provided.

The Entrenchment Of The Glass Sneaker Ceiling: Excavating Forty-Five Years Of Sex Discrimination Involving Educational Athletic Employment Based On Title Vii, Title Ix And The Equal Pay Act, Diane Heckman

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Assessing The African Union Concerns About Article 16 Of The Rome Statute Of The International Criminal Court, Charles C. Jalloh, Dapo Akande, Max Du Plessi

Articles

This article assesses the African Union's (AU) concerns about Article 16 of the Rome Statute of the International Criminal Court (ICC). It seeks to articulate a clearer picture of the law and politics of deferrals within the context of the AU's repeated calls to the United Nations Security Council (UNSC, or the Council) to invoke Article 16 to suspend the processes initiated by the ICC against President Omar Al Bashir of Sudan. The UNSC's failure to accede to the AU request led African States to formally withhold cooperation from the ICC in respect to the arrest and surrender of the …

The “Asian” Category In Mcas Achievement Gap Tracking: Time For A Change, Philip Lee

Faculty Publications

(Excerpt)

Data gathered on Asian American students in public school by the Massachusetts Department of Elementary and Secondary Education is aggregated into one general “Asian” category, which may skew the results, both perpetuating an enduring myth and masking any true gaps that may exist for certain Asian American subgroups. As explored in this article, achievement gap tracking for the Massachusetts Comprehensive Assessment System (MCAS) is an apt example.

Communicating Substance, Jelani Jefferson Exum

Faculty Publications

(Excerpt)

Now that the Federal Sentencing Guidelines are advisory, the U.S. Sentencing Commission has more responsibility than ever to convince sentencing judges of the legitimacy of the Guidelines’ advice. During their mandatory period, the Guidelines enjoyed a captive set of followers—district judges who had limited choices for departing from the applicable Guidelines ranges, even when those judges were unhappy with the sentencing options before them. However, given the freedom that comes with the Guidelines’ current advisory form, sentencing judges are increasingly departing from the applicable Guidelines ranges. Although district judges still are required to calculate and consider the Sentencing Guidelines …

Franz Kafka, Lawrence Joseph, And The Possibilities Of Jurisprudential Literature, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

The purpose of this article is twofold. First, it offers a complementary reading of Franz Kafka’s writings on the law and Lawrence Joseph’s novel Lawyerland. This reading focuses on the distinct perspectives offered by these authors. Whereas Kafka approaches the law from the perspective of the litigant or accused, Joseph’s perspective, through the eyes of his lawyers and judges, is that of the consummate insider. The importance of perspective rests with the fact that although law might constitute an objective system, its experience is inevitably subjective. The absurd malevolence of law in Kafka can thus be rationalized by the system …

Exploring Justice For Crime Victims: Characteristics And Contexts Of Crime Victims' Experiences With The Criminal Justice System, Phillip James Stevenson

Dissertations

During the last three decades, crime victims have increasingly been recognized by the criminal justice system as more than just witnesses for the prosecution. For example, in all 50 states crime victims are afforded specific statutory rights ranging from being treated with dignity and respect to having the opportunity to participate in the justice process, the latter most commonly seen during the sentencing phase where victims address the court and their offenders and describes how the crime has impacted their lives. Additionally, an increase in the number and type of programs based on the philosophy of restorative justice in recent …

Policing And Coin Operations: Lessons Learned, Strategies And Future Directions, Samuel Musa, John Morgan, Matt Keegan, Arif Alikhan, Brian Berrey, James Keagle, Drew Lomax, Robert Perito, James Schear

Books and Book Chapters

A monograph that grasped the need to expand the focus of the role of policing in counterinsurgency, and considering the framework for the desired outcome to influence policymakers on the future directions of the role of policing.

Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin

Articles & Chapters

A a careful examination of Bob Dylan’s lyrics reveals a writer - a scholar - with a well-developed jurisprudence, ranging over a broad array of topics that relate to civil and criminal law, public and private law. His lyrics reflect the work of a thinker who takes “the law” seriously in multiple iterations - the role of lawyers, the role of judges, the disparities between the ways the law treats the rich and the poor, the inequality of the criminal and civil justice systems, the corruption of government, the police, and the judiciary, and more. In this paper, I seek …

Online, Distance Legal Education As An Agent Of Social Change, Michael L. Perlin

Articles & Chapters

New York Law School (NYLS) created its online, distance learning mental disability law program in an effort to provide education in an area of the law that remains hidden in most law school curricula. Since 2000, it has offered its mental disability law courses in an online, distance learning format to its own students, to law students from other US-based law schools, to mental health professionals, to students in all the allied mental health professions and in the fields of criminology and criminal justice, and to activists and advocates (including members of the psychiatric survivor movement). It has offered the …

Less Than We Might: Meditations On Life In Prison Without Parole, Robert Blecker

Articles & Chapters

Today, death penalty opponents mostly claim life without parole (LWOP) as their genuinely popular substitute punishment for the worst of the worst. These abolitionists embrace LWOP as cheaper, equally just, and equally effective - a punishment that eliminates the state’s exercise of an inhumane power to kill helpless human beings who pose no immediate threat. Furthermore, they insist, LWOP allows the criminal justice system to reverse sentencing mistakes. Some even characterize it as a punishment worse than death.

Thousands of hours in several states, interviewing and observing more than a hundred convicted killers, along with dozens of correctional officers who …