Entire DC Network | Open Access Articles | Digital Commons Network™

J.D.B. V. North Carolina: Ushering In A New "Age" Of Custody Analysis Under Miranda, Hillary B. Farber

Journal of Law and Policy

No abstract provided.

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The Injustice Of Retribution: Toward A Multisystemic Risk Management Model Of Juvenile Justice, Mark R. Fondacaro

Journal of Law and Policy

No abstract provided.

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What Are The Implications Of Roper'S Dilemma For Adolescent Health?, Jennifer Rosato

Journal of Law and Policy

No abstract provided.

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The Elimination Of Mre 803a? People V. Gursky And Its Qualification Of Spontaneous Statements, Cristina Roberti

Journal of Law and Policy

No abstract provided.

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The Frequency, Attitudes, And Beliefs Of Sexting Among College Students, Amanda Woolard

Masters Theses

Through the use of various forms of media, "sexting" has become a phrase common in contemporary society. Although the definition has varied through the past years, a recent study by Elizabeth Eraker (2010) stated, "sexting refers to the self-production and distribution by cell phone of sexually explicit images in the course of consensual, voluntary activity by teenagers" (p. 557). The purpose of this research was to assess the frequency of sexting, attitudes regarding sexting, and the beliefs to engage in sexting among the college population. The current study ( 1) examined the frequency of sexting among college students, (2) explored …

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The Role Of Process Consultation And Appreciative Inquiry In The Coaching Model At Los Angeles Universal Preschool, Karel Kreshek

Theses and Dissertations

Enabling American students to race to the top through the education reform launched by the Obama Administration begins with attention to its youngest citizens. Studies have shown that high-quality early childhood education is associated with improved school achievement in later years. However, limitations in the reach and effectiveness of federal and state preschool programs have prompted the creation of nonprofit organizations dedicated to improving access to preschool for underserved children. One such organization is Los Angeles Universal Preschool (LAUP), whose design includes coaching for childcare providers to heighten the quality of their preschool programs. This study examined the use and …

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Unforgiving Of Those Who Trespass Against U.S.: State Laws Criminalizing Immigration, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

Since around 2005, states and localities have been using criminal trespass laws to target undocumented immigrants for unlawful presence. Specifically, in April 2010, Arizona passed SB 1070: Support Our Law Enforcement and Safe Neighborhoods Act. SB 1070 creates crimes involving trespassing by “illegal aliens” and harboring or concealing unlawful aliens. This paper argues that state trespass laws that criminalize unlawful presence of immigrants are unconstitutional regulations of immigration and are a preempted exercise of state power. In evaluating the constitutionality of state trespass laws that criminalize immigration status, this paper proceeds in three parts. The first part of the paper …

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A Study Of Positive Emotions And Turnover Intentions Among Hong Kong Police Officers : The Mediating Role Of Psychological Capital And Work Well-Being, Chun Lok Lui

Lingnan Theses

With reference to Fredrickson‘s (2001) broaden-and-build theory of positive emotions, the current study investigated the mechanism of how positive emotions contribute to desirable outcomes to the organization through psychological capital (PsyCap), which is a positive, state-like, and performance-related resource comprising self-efficacy, hope, optimism and resilience. To date, only few studies have been done particularly on the relationships between PsyCap and positive emotions among Chinese employees. Studies on PsyCap of police force are even rarer. The main purpose of this study was to investigate the underlying mechanism relating positive emotions and work outcomes, specifically to examine the separate roles of positive …

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Symposium Epilog: Foreign Sovereign Immunity At Home And Abroad, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

If the international law of immunity once purported to make foreign states, their rulers, their officials, and their boats all identical in some sense--the sovereign equality of states--today immunity distinguishes and differentiates between the state's commercial and private features, its tortious and non-tortious conduct committed in the forum state, and sometimes even the torture, war crimes, and acts of terrorism carried out in its name. Of course, sovereign equality has diminished in general as human rights have grown, but even as nation-states accept treaty-based obligations toward their own citizens, they refuse to make themselves explicitly accountable in the national courts …

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Some Hypotheses About Empirical Desert, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Paul Robinson has written a series of articles advocating the view that empirical desert should govern development of criminal law doctrine. The central contention of empirical desert is that adherence to societal views of justice“ defined in terms of moral blameworthiness will not only satisfy retributive urges, but will also often be as efficacious at controlling crime as a system that revolves around other utilitarian purposes of punishment. Constructing criminal laws that implement empirical desert has the latter effect, Robinson argues, because it enhances the moral credibility of the law, thus minimizing citizens desire to engage in vigilantism and other …

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Organizational Apologies: Bp As A Case Study, Erin O'Connor

Vanderbilt Law School Faculty Publications

This Article examines the conduct of BP executives in the weeks following the Deepwater Horizon oil spill to illuminate the use of apology by organizations. After briefly describing the value of apology and its nuances from an evolutionary perspective, the Article describes how apology and other responsibility-accepting behaviors can be mobilized by organizations to avoid the costs of its apparently careless conduct. In particular, organizations can designate particular agents as spokespersons who possess the ability to portray a sense of sincerity and regret. Moreover, reconciliation by ingroup members appears to be more common than is reconciliation by outgroup members, likely …

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Protecting The Human Rights Of Lgbt People In Uganda In The Wake Of Uganda's "Anti Homosexuality Bill, 2009", Daniel Englander

Emory International Law Review

A bill pending before the Ugandan Parliament from October 2009 to May 2011 sought to punish anyone who engages in 'homosexuality' with life imprisonment and prescribed the death penalty for a variety of activities deemed 'aggravated homosexuality.' Many commentators saw the 'Anti Homosexuality Bill, 2009' ('Bill' or 'Anti-homosexuality Bill') as the most pernicious legislative proposal aimed at gays and lesbians anywhere in the world and feared the death penalty provision could signal a 'looming gay genocide' in Uganda. This Comment seeks to begin the conversation on legal solutions to vindicate the rights of LGBT people in Uganda in the wake …

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Try As They Might, Just Can't Get It Right: Shortcomings Of The International Megan's Law Of 2010, Danielle Viera

Emory International Law Review

This Comment argues that future legislation closely resembling House Bill 5138, the International Megan's Law of 2010, should not become law. Further, this Comment encourages future drafts of such a law to account for the inherent weaknesses of House Bill 5138. This Comment proposes two alternative solutions for Congress to consider in light of the problems discussed: Congress should either change the language in its next attempt or decline to pass any law until it can analyze the successes and failures of the British Parliament's similarly drafted Sarah's Law.

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The French Jury At A Crossroads, Valerie P. Hans, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.

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Dead, Imprisoned, Relapsed The Fate Of Homeless Substance Abusers Two Decades Later, Rachel L. Rayburn

Electronic Theses and Dissertations

Guided and influenced by a famous follow-up study in criminology focused on desistance from crime, this dissertation studies desistance from crime, homelessness, and substance abuse. In the early 1990s, The New Orleans Homeless Substance Abusers Project (NOHSAP) was founded as an experiment funded by the National Institute on Alcohol Abuse and Alcoholism (NIAAA) to uncover optimal treatment strategies for homeless alcoholics and drug addicts. The program ran for three years (1991-1993) and in those years, 670 homeless New Orleans men and women were admitted into treatment. Some of the original clients were followed for as long as 18 months, but …

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Homicide In The Headlines An Analysis Of The Newspaper Reporting Of Baltimore Homicides Of 2010, Jaclyn V. Schildkraut

Electronic Theses and Dissertations

Baltimore is notorious for its recent and storied history of crime. The current study examines the treatment of homicide victims in Baltimore newspapers. In 2010, 222 homicides occurred in Baltimore, according to the city‟s homicide map. One hundred and sixty-five were discussed in The Baltimore Sun, the city‟s most-circulated paper. Based on the inclusion or exclusion of particular cases and the manner in which cases were discussed, conclusions can be drawn about the media‟s perception of a case‟s newsworthiness. Specifically, cases with particular details that varied significantly from a “normal” homicide were found to be most newsworthy, determined in part …

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An Analysis Of Trauma Narratives Perceptions Of Children On The Experience Of Sexual Abuse, Jennifer Marie Foster

Electronic Theses and Dissertations

Child sexual abuse (CSA) is estimated to affect 1 in 4 girls and 1 in 6 boys before the age of 18 (Centers for Disease Control and Prevention, 2005). Despite the prevalence of sexual abuse and frequent negative outcomes for child victims as well as adult survivors, little is known about CSA from the perspective of the child. To date, the vast majority of research has targeted adults. Studies conducted on children are mostly quantitative and have explored the effectiveness of various treatment interventions. To address the gap in the research literature, the present study investigated the perspectives of children …

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Blame It On The Man: Theorizing The Relationship Between § 1983 Municipal Liability And The Qualified Immunity Defense, Teressa E. Ravenell

Seton Hall Law Review

No abstract provided.

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

Center on Children, Families, and the Law: 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 …

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Tribal Court Convictions And The Federal Sentencing Guidelines: Respect For Tribal Courts And Tribal People In Federal Sentencing, Barbara L. Creel

Faculty Scholarship

This article critiques a proposal to include tribal court criminal convictions and sentences in the federal sentencing scheme. The proposal, as articulated by Kevin Washburn, calls for an amendment to the Federal Sentencing Guidelines to count tribal court convictions in calculating an Indian defendants criminal history score to determine a federal prison sentence. Currently, tribal court convictions are not directly counted in criminal history, but may be used to support an 'upward departure' to increase the Native defendant's overall federal sentence. Washburn's proposal seeks to gain 'respect' for tribal courts, based upon a premise that tribal convictions must be afforded …

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Six Degrees Of Separation: Canadian Accessory Liability In Afghan War Crimes, Deborah Bayley

Dalhousie Journal of Legal Studies

As confident as Byers, Schabas and many others are in their assertion that Canada has committed war crimes, the matter is unfortunately far more complex and far less certain. One of the primary reasons for this complexity is that Canada is not the party that allegedly committed torture. It is widely agreed that the acts of torture were undertaken solely by Afghan authorities, making them the perpetrators in this case. If the allegations against Canada turn out to be founded, Canada’s participation could at best be characterised as accessory. This brings the matter into an exceptionally murky area of law …

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Skilling: More Blind Monks Examining The Elephant, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

Most academics and practitioners with whom the author has discussed the result in Skilling v. United States believe that it is a sensible decision. That is, the Supreme Court did the best it could to limit the reach of 18 U.S.C. § 1346, which all nine justices apparently believed—correctly—was, on its face, unconstitutionally vague. Congress responded quickly and with little consideration with the supremely under-defined § 1346. In the over twenty years since the statute's enactment, the Courts of Appeals have been unable to come up with any unified limiting principles to contain its reach. The Skilling Court, evidently reluctant …

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Empowerment Through Voice: A Case Study In The Leadership Of Restorative Justice, Kim Dalene Harding

Graduate Student Theses, Dissertations, & Professional Papers

This qualitative case study identified shared leadership as a necessary component in the sustenance of restorative justice, a reform justice model used at Ada County Juvenile Court Services located in Boise, Idaho. Within each of its divisions, ACJCS utilizes this shared leadership model. At this court, leadership capacity was built though encouraging team members to take initiative and show innovation. Community capacity was built by the creation of networks with other private and county agencies, providing both leadership opportunities and community service hours for offending youth. Shared leadership sustains this reform justice model by allowing leaders to become followers and …

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Under The Bridge: A Qualitative Investigation Of Homeless Persons' Perspectives On Substance Abuse And Its Treatment, Amanda Beth Taylor

Graduate Student Theses, Dissertations, & Professional Papers

Although homelessness is generally thought of as an urban problem, it is also a growing problem in rural areas, such as Missoula, Montana (Jacobson 2010). Studies of urban homelessness indicate that substance abuse is a part of life for many homeless individuals, and the barriers to substance abuse treatment are exacerbated by being homeless (Snow and Anderson 1993; Morrell 2007). “Prevalence studies estimate that the percentage of homeless people with alcohol use disorders to be at 30%-40% and drug abuse at 10%-15%” (Fisk, Raakfeldt, and McCormack 2006: 480). Substance abuse is also common among homeless individuals in rural areas, including …

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Constitutional Hypocrisy, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

My legal realist inclinations leave me largely agnostic about the particular provisions that happen to be included in any particular constitution. That is because both written and unwritten constitutions seem more likely to reflect than to prescribe the normative values of the cultures that adopt them. As a result, the substantive, structural, and procedural provisions of the present United States Constitution seem perfectly adequate to promote justice-at least in a culture that is genuinely committed to the cause of justice. No constitution is likely to promote justice in a culture that lacks such a commitment. Nevertheless, there is one change …

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Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey

Publications

This Article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo-American frontier societies in the late nineteenth and early twentieth centuries. By analyzing previously unexamined cases of domestic assault and homicide in the American West and Australia, Professor Ramsey reveals a sustained (but largely ineffectual) effort to civilize men by punishing violence against women. Husbands in both the American West and Australia were routinely arrested or summoned to court for beating their wives in the late 1800s and early 1900s. Judges, police officers, journalists, and others expressed dismay …

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A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial, Carolyn B. Ramsey

Publications

This short article was presented as part of a symposium on headline criminal trials, organized by St. Louis University School of Law in honor of Lawrence Friedman. It describes and analyzes the self-defense acquittal of opera singer Mae Talbot in Nevada in 1910 on charges of murdering her abusive husband. Based on extensive research into archival trial records and newspaper reports, the article discusses how the press, the court, and trial lawyers on both sides depicted the killing and Mae’s possible defenses. Without discounting the sensationalism and entertainment value, to a scandal-hungry public, of stories about violent marriages, I contend …

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To Tow Or Not To Tow: The Deterrence Effect Of A Municipal Ordinance, Alexia Brunet Marks, Ronald J. Allen

Publications

We examine the natural experiment caused by amendments to the City of Waukegan vehicular code adding mandatory impoundment and towing of vehicles for certain ticketed behavior. Multivariable negative binomial regression models were used to evaluate the relationship between tickets and accidents and implementation of the legislation while adjusting for the number of registered drivers and time. The legislation led to a 39% reduction in the total number of tickets, 55% reduction in the number of tickets for the four towable offenses, and a 37% reduction in accidents. Accidents to property decreased 39%, tickets decreased 39% for driving with a suspended/revoked …

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Evidence (Routledge Handbook Of International Criminal Law), Nancy Amoury Combs

Faculty Publications

No abstract provided.

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Cooperative Federalism And Police Reform: Using Congressional Spending Power To Promote Police Accountability, Kami Chavis Simmons

Faculty Publications

Police misconduct and corruption persist in our nation's local police departments. Recognizing the organizational roots of police misconduct, Congress granted the U.S. Department of Justice (the "DOJ") the authority to seek injunctive relief to implement institutional reforms within local law enforcement agencies. While the federal government's current strategy represents a promising model for reform, the DOJ's efforts cannot reach many local police departments that require intervention. Furthermore, the local primacy of criminal-justice issues, particularly issues related to police practices, implicates important federalism concerns. Although federal intervention is appropriate to address persistent patterns of misconduct, states and local entities must play …

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Full-Text Articles in Entire DC Network

J.D.B. V. North Carolina: Ushering In A New "Age" Of Custody Analysis Under Miranda, Hillary B. Farber

Journal of Law and Policy

The Injustice Of Retribution: Toward A Multisystemic Risk Management Model Of Juvenile Justice, Mark R. Fondacaro

Journal of Law and Policy

What Are The Implications Of Roper'S Dilemma For Adolescent Health?, Jennifer Rosato

Journal of Law and Policy

The Elimination Of Mre 803a? People V. Gursky And Its Qualification Of Spontaneous Statements, Cristina Roberti

Journal of Law and Policy

The Frequency, Attitudes, And Beliefs Of Sexting Among College Students, Amanda Woolard

Masters Theses

The Role Of Process Consultation And Appreciative Inquiry In The Coaching Model At Los Angeles Universal Preschool, Karel Kreshek

Theses and Dissertations

Unforgiving Of Those Who Trespass Against U.S.: State Laws Criminalizing Immigration, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

A Study Of Positive Emotions And Turnover Intentions Among Hong Kong Police Officers : The Mediating Role Of Psychological Capital And Work Well-Being, Chun Lok Lui

Lingnan Theses

Symposium Epilog: Foreign Sovereign Immunity At Home And Abroad, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

Some Hypotheses About Empirical Desert, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Organizational Apologies: Bp As A Case Study, Erin O'Connor

Vanderbilt Law School Faculty Publications

Protecting The Human Rights Of Lgbt People In Uganda In The Wake Of Uganda's "Anti Homosexuality Bill, 2009", Daniel Englander

Emory International Law Review

Try As They Might, Just Can't Get It Right: Shortcomings Of The International Megan's Law Of 2010, Danielle Viera

Emory International Law Review

The French Jury At A Crossroads, Valerie P. Hans, Claire M. Germain

Cornell Law Faculty Publications

Dead, Imprisoned, Relapsed The Fate Of Homeless Substance Abusers Two Decades Later, Rachel L. Rayburn

Electronic Theses and Dissertations

Homicide In The Headlines An Analysis Of The Newspaper Reporting Of Baltimore Homicides Of 2010, Jaclyn V. Schildkraut

Electronic Theses and Dissertations

An Analysis Of Trauma Narratives Perceptions Of Children On The Experience Of Sexual Abuse, Jennifer Marie Foster

Electronic Theses and Dissertations

Blame It On The Man: Theorizing The Relationship Between § 1983 Municipal Liability And The Qualified Immunity Defense, Teressa E. Ravenell

Seton Hall Law Review

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

Center on Children, Families, and the Law: Faculty Publications

Tribal Court Convictions And The Federal Sentencing Guidelines: Respect For Tribal Courts And Tribal People In Federal Sentencing, Barbara L. Creel

Faculty Scholarship

Six Degrees Of Separation: Canadian Accessory Liability In Afghan War Crimes, Deborah Bayley

Dalhousie Journal of Legal Studies

Skilling: More Blind Monks Examining The Elephant, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

Empowerment Through Voice: A Case Study In The Leadership Of Restorative Justice, Kim Dalene Harding

Graduate Student Theses, Dissertations, & Professional Papers

Under The Bridge: A Qualitative Investigation Of Homeless Persons' Perspectives On Substance Abuse And Its Treatment, Amanda Beth Taylor

Graduate Student Theses, Dissertations, & Professional Papers

Constitutional Hypocrisy, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey

Publications

A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial, Carolyn B. Ramsey

Publications

To Tow Or Not To Tow: The Deterrence Effect Of A Municipal Ordinance, Alexia Brunet Marks, Ronald J. Allen

Publications

Evidence (Routledge Handbook Of International Criminal Law), Nancy Amoury Combs

Faculty Publications

Cooperative Federalism And Police Reform: Using Congressional Spending Power To Promote Police Accountability, Kami Chavis Simmons

Faculty Publications