Digital Commons Network^™

The Failing Promise Of Padilla: How Padilla V. Kentucky Should Have Changed The Game In North Dakota, But Did Not, Nicholas D. Thornton

North Dakota Law Review

No abstract provided.

Rethinking Indirect Victim Eligibility For U Non-Immigrant Visas To Better Protect Immigrant Families And Communities, Elizabeth Mccormick

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Criminal Law - One Small Step For Juveniles, One Giant Leap For Juvenile Justice; Graham V. Florida, 130 S. Ct. 2011 (2010), Leonardo P. Caselli

Wyoming Law Review

No abstract provided.

A Training Curriculum For Assessing And Treating Sex Offenders With Mental Illnesses, Shawna Elizabeth Walker Boles

Antioch University Dissertations & Theses

The purpose of this paper was to develop a continuing education program to teach sex offender-specific treatment providers (SOSTP) in the community how to appropriately assess, treat and manage adults with severe mental illness who are also sex offenders (SMISOs) in an outpatient setting. This paper begins with an overview of the most relevant literature associated with the treatment of sex offenders and a presentation of some of the current programs developed to treat sex offenders with severe and persistent mental illnesses. This review also outlines the paucity of resources and the need for SOSTPs to receive expanded training to …

Life Experiences That Contributed To The Independence And Success In The Lives Of Foster Care Alumni, Dawn Elizabeth Montgomery

Antioch University Dissertations & Theses

The purpose of this qualitative study was to determine the factors which helped these foster care alumni to persevere and to succeed. The intent was to provide a framework for equipping youth in foster care more effectively by building on their strengths and the resources available in foster care. The study’s method incorporated the interviewing of ten ethnically diverse individuals who had experienced the foster care system. Based on their insights and the themes which emerged, the WARRIORS Model was created. This acronym represents the key themes derived from the interviews: Wounded, Advocacy, Reality of Belonging, Resources, Inspired to Succeed, …

Bulletin Of The University Of San Diego School Of Law 2011-2013, University Of San Diego. School Of Law

School of Law Course Catalogs (1954-2013)

72 pages : illustrations, photographs ; 18.5 x 28 cm

Globalized Corporate Prosecutions, Brandon L. Garrett

Faculty Scholarship

In the past, domestic prosecutions of foreign corporations were not noteworthy. Federal prosecutors now advertise a muscular approach targeting major foreign firms and even entire industries. High-profile prosecutions of foreign firms have shaken the international business community. Not only is the approach federal prosecutors have taken novel, but corporate criminal liability is itself a form of American Exceptionalism, and few other countries hold corporations broadly criminally accountable. To study U.S. prosecutions of foreign firms, I assembled a database of publicly reported corporate guilty plea agreements from the past decade. I analyzed U.S. Sentencing Commission data archives on federal corporate prosecutions …

The Federal Common Law Crime Of Corruption, Lisa Kern Griffin

Faculty Scholarship

This contribution to the North Carolina Law Review’s 2010 symposium, Adaptation and Resiliency in Legal Systems, considers the compatibility between the common law nature of honest services fraud and the dynamic quality of public integrity offenses. Corruption enforcement became a focal point of recent debates about over- criminalization because it typifies expansive legislative mandates for prosecutors and implicit delegations to courts. Federal prosecutions of political corruption have relied primarily on an open-textured provision: 18 U.S.C. § 1346, the honest services extension of the mail fraud statute. Section 1346 raises notice concerns because it contains few self-limiting terms, but it has …

Making The Team: Conducting Hierarchical Interdisciplinary Community Service Learning Research, Christine Yalda, Carly Hilinski

Faculty Scholarly Dissemination Grants

Service learning programs seek to engage students in projects that will benefit service recipients as well as maximize student learning through activities that inform future professional behaviors and responsibilities. This presentation offers a model for conducting responsible interdisciplinary service learning research that engages and integrates faculty and students across disciplines from initial conceptualization through completion of the study. The model derives in part from a community-based research project that involved over 70 social work and criminal justice faculty and students in studying the lives and needs of poor and homeless clients receiving services from an urban faith-based work program. This …

Ethical Guidance For A Grander Jury, Anna Offit

Faculty Journal Articles and Book Chapters

No abstract provided.

Sentencing Circles, Clashing Worldviews, And The Case Of Christopher Pauchay, Toby S. Goldbach

All Faculty Publications

The case of Christopher Pauchay demonstrates some of the differences between predominant Euro-Canadian and First Nations approaches to dispute resolution. The principles of sentencing circles sometimes overlap with the principles of restorative justice and suggest their potential incorporation into the criminal justice system. The use of alternative processes that share some common values is not enough to overcome to chasm between Euro-Western and Aboriginal justice. Where underlying worldviews diff er, those who can choose between competing values amidst limited possibilities will likely choose the values that refl ect the conventional system. A comparison of Euro-Western and Aboriginal approaches to crime …

The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke

Georgia Law Review

Criminal procedure has undergone several well-
documented shifts in its doctrinal foundations since the
Supreme Court first began to apply the Constitution's
criminal procedure protections to the states. This Article
examines the ways in which the political economy of
criminal litigation-specifically, the material conditions
that determine which litigants are able to raise criminal
procedure claims, and which of those litigants' cases are
appealed to the United States Supreme Court-has
influenced these shifts. It offers a theoretical framework
for understanding how the political economy of criminal
litigation shapes constitutional doctrine, according to
which increases in the number of indigent defense
organizations …

Table Of Contents

Georgia Law Review

No abstract provided.

Adolescents Vs. Adults: Does The Criminal Justice System Punish Youth More Severely Than Adults For The Same Type Of Crime, Sheena L. Bowman

Graduate Theses, Dissertations, and Problem Reports (ETD)

Understanding the disparity in the amount of punishment between youth and adults, for violent and non-violent criminal activity, remains a matter of theoretical debate. In the present study, the research employs deterrence and labeling theory, through a life course theoretical framework, to assess the extent to which the punishments for violent and non-violent crimes follow different trajectories. The deterrence theory posits an individual will refrain and deter from future offending if the consequence of the crime committed outweighs the actual crime itself. The labeling theory focuses on the labels applied to an individual, and if that label influences the individual's …

A Comparison Of White-Collar Offenders And Non-White-Collar Offenders On The Psychological Variables Of Personality, Criminal Thinking, And Psychopathy, Laurie Ragatz

Graduate Theses, Dissertations, and Problem Reports (ETD)

The first purpose of this study was to replicate Walters and Geyer (2004) by examining how white-collar offenders differ from non-white-collar offenders on criminal thinking styles and lifestyle criminality. The second purpose was to examine the psychopathic characteristics of white-collar offenders in comparison to non-white-collar offenders. The third purpose was to explore the psychopathology of white-collar offenders compared to non-white-collar offenders. The study sample included 48 white-collar only offenders (offenders that only committed white-collar crime), 89 white-collar versatile offenders (offenders that have previously committed non-white-collar crime), and 89 non-white-collar offenders. Groups were matched on age and ethnicity. All participants completed …

Being There: Constructive Denial Of Counsel At A Competency Hearing As Structural Error Under The Sixth Amendment, Ronald A. Parsons Jr.

South Dakota Law Review

No abstract provided.

Melendez-Diaz V. Massachusetts: Testing The Adaptation Of The Confrontation Clause To Neutral Analysts And Developing Technology, Stacy R. Huss

South Dakota Law Review

No abstract provided.

Pot As Pretext: Marijuana, Race, And The New Disorder In New York City Street Policing, Amanda Geller, Jeffrey Fagan

Faculty Scholarship

Although possession of small quantities of marijuana has been decriminalized in New York State since the late 1970s, arrests for marijuana possession in New York City have increased more than tenfold since the mid-1990s, and remain high more than 10 years later. This rise has been a notable component of the city’s “Order Maintenance Policing” strategy, designed to aggressively target low-level offenses, usually through street interdictions known as “stop, question, and frisk” activity. We analyze data on 2.2 million stops and arrests carried out from 2004 to 2008, and identify significant racial disparities in the implementation of marijuana enforcement. These …

Juvenile Incarceration And The Pains Of Imprisonment, Jeffrey Fagan, Aaron Kupchik

Faculty Scholarship

After legislatures criminalized a major portion of juvenile delinquency in the 1980s and 1990s, large numbers of incarcerated youth began serving their sentences in adult correctional facilities. To understand the ramifications of this practice, prior research studies compared the correctional experiences of youth in juvenile and adult facilities. Yet this research often minimized the pains of imprisonment for youth in juvenile facilities, based on the contrast to adult facilities and the toxic conditions of confinement within them. In this Article, we contribute to this literature by analyzing data from interviews with 188 young men incarcerated in juvenile and adult facilities …

Incarceration And The Economic Fortunes Of Urban Neighborhoods, Jeffrey Fagan, Valerie West

Faculty Scholarship

New research has identified the consequences of high rates of incarceration on neighborhood crime rates, but few studies have looked beyond crime to examine the collateral effects of incarceration on the social and economic well being of the neighborhoods themselves and their residents. We assess two specific indicia of neighborhood economic well-being, household income and human capital, dimensions that are robust predictors of elevated crime, enforcement and incarceration rates. We decompose incarceration effects by neighborhood racial composition and socio-economic conditions to account for structural disadvantages in labor force and access to wealth that flow from persistent patterns of residential segregation. …

The Paradox Of Law Enforcement In Immigrant Communities: Does Tough Immigration Enforcement Undermine Public Safety?, David Kirk, Andrew V. Papachristos, Jeffrey Fagan, Tom R. Tyler

Faculty Scholarship

Frustrated by federal inaction on immigration reform, several U.S. states in recent years have proposed or enacted laws designed to stem the flow of illegal immigrants into the U.S. and to facilitate their removal. An underappreciated implication of these laws is the potential alienation of immigrant communities – even law abiding, cooperative individuals – from the criminal justice system. The ability of the criminal justice system to detect and sanction criminal behavior is dependent upon the cooperation of the general public, including acts such as the reporting of crime and identifying suspects. Cooperation is enhanced when local residents believe that …

The Risk Factors Of Alcohol Abuse Among College Athletes, Jacob Jones

All-Inclusive List of Electronic Theses and Dissertations

Self-concept theory was used as a theoretical basis to investigate the utility of social norms alcohol prevention programs designed for college athletes. The predictive relationship among alcohol use and athletic identity, competitiveness, drinking game participation, and level of sport participation was investigated. It was discovered that drinking game participation is a significant predictor of total weekly alcohol use above and beyond the other predictors. In addition, drinking game participation and organized recreational sport participation were significant predictors of total binge drinking episodes. While controlling for drinking game participation and competitiveness, no significant differences were found in the amount of alcohol …

Structures, Roles And Relationships Within Public Health’S Response To The 2009-2010 H1n1 Outbreak: The Ties That Bind Public Information Officers And Emergency Risk Communication Efforts, Kathleen G. Vidoloff

University of Kentucky Doctoral Dissertations

Little is known about the role of public health public information officers (PIOs) during public health emergencies. This study uses interpretative methods to learn about the organizational structures that facilitate and constrain emergency risk communication efforts during public health emergencies. Interpretive thematic comparative analysis of PIOs experiences and reflections about their involvement in the 2009-2010 H1N1 response will be used to illustrate how social interactions between and among PIOs, public health staff, and representatives from other agencies create implicit and explicit structures that facilitate and constrain emergency risk communication. The application of three specific concepts from structuration theory, namely, agent, …

Technologies Of Apprehension: The Family, Law, Security, And Geopolitics In Us Noncitizen Family Detention Policy And Practice, Lauren Leigh Martin

University of Kentucky Doctoral Dissertations

This dissertation examines how US immigrant family detention policy emerged from reinvigorated border security priorities, immigration policing practices, and international migration flows. Based on a qualitative mixed methods approach, the research traces how discourses of threat, vulnerability, and safety produce detainable child and parent subjects that displace “the family” as a legal entity. I show that immigration law relies on specific kinds of geographical knowledge, producing what I call the ‘geopolitics of vulnerability.’ More broadly, I analyze how current immigration enforcement practices work at local, national, and international scales, so that detention deters future migration as much as it penalizes …

Microneedle-Assisted Transdermal Delivery Of Naltrexone Species: In Vitro Permeation And In Vivo Pharmacokinetic Studies, Mikolaj Milewski

University of Kentucky Doctoral Dissertations

Naltrexone (NTX) is a drug used primarily in the management of alcohol dependence and opioid dependence. Based on several drawbacks associated with the oral and injectable intramuscular dosage forms of naltrexone currently available on the market, there is substantial interest in delivering naltrexone transdermally. Although naltrexone does not permeate skin at the rate sufficient to reach therapeutic plasma concentrations in humans, novel flux enhancement methods such as microneedles help address this challenge. Earlier work in humans has demonstrated that the use of microneedles achieves plasma concentrations in the lower end of expected therapeutic values. Further flux enhancement is desired to …

Federalism And Federal Agency Reform, Gillian E. Metzger

Faculty Scholarship

This Article assesses three major preemption decisions from the 2008-2009 Term – Altria Group, Inc. v. Good, Wyeth v. Levine, and Cuomo v. Clearing House Ass'n – for their implications about the role of the states in national administrative governance. The Article argues the decisions are centrally concerned with using state law and preemption analysis to improve federal administration and police against federal agency failure. Federalism clearly factors into the decisions as well, but it does so more as a mechanism for enhancing federal agency performance than as a principle worth pursuing in its own right.

The decisions' …

Rethinking The Laws Of Good Faith Purchase, Alan Schwartz, Robert E. Scott

Faculty Scholarship

This Essay is a comparative economic analysis of the disparate doctrines governing the good faith purchase of stolen or misappropriated goods. We argue that prior treatments have misconceived the problem. An owner will take optimal precautions to prevent theft if she is faced with the loss of her goods; and a purchaser will make an optimal investigation into his seller's title if faced with the loss of the goods. An owner and a buyer cannot both be faced with the full loss, however. This presents a problem of "double moral hazard" and it cannot be solved in a first-best efficient …

How Constitutional Theory Matters, Jamal Greene

Faculty Scholarship

It is impossible to understand the present moment in progressive constitutionalism without engaging a stock narrative given iconic articulation more than a decade ago by originalist scholar Randy Barnett. According to this narrative, conservatives in the 1980s, prodded by Edwin Meese III's Justice Department, rallied around originalism, and particularly "original intentions" originalism, as a politically congenial and intellectually satisfying approach to constitutional interpretation. They were defeated in the courts of academic and political opinion due in part to a series of unanswerable criticisms from liberal legal scholars such as Paul Brest and H. Jefferson Powell, and in part to the …

Minimalism And Experimentalism In The Administrative State, Charles F. Sabel, William H. Simon

Faculty Scholarship

This Article identifies and appraises the two most promising alternatives to the "command-and-control" style of public administration that was dominant from the New Deal to the 1980s but is now in disfavor The first – minimalism – emphasizes public interventions that incorporate market concepts and practices while also centralizing and minimizing administrative discretion. The second – experimentalism – emphasizes interventions in which the central government affords broad discretion to local administrative units but measures and assesses their performance in ways designed to induce continuous learning and revision of standards. Minimalism has been prominent in legal scholarship and in the policy …

Minority Practice, Majority's Burden: The Death Penalty Today, James S. Liebman, Peter Clarke

Faculty Scholarship

Although supported in principle by two-thirds of the public and even more of the States, capital punishment in the United States is a minority practice when the actual death-sentencing practices of the nation's 3000-plus counties and their populations are considered This feature of American capital punishment has been present for decades, has become more pronounced recently, and is especially clear when death sentences, which are merely infrequent, are distinguished from executions, which are exceedingly rare.

The first question this Article asks is what forces account for the death-proneness of a minority of American communities? The answer to that question – …