Digital Commons Network^™

The Legal Academy As Dinner Party: A (Short) Manifesto On The Necessity Of Inter-Interdisciplinary Legal Scholarship, Paul Stancil

Faculty Scholarship

This Article explores the need for an increase in inter-interdisciplinary legal scholarship, suggesting that legal scholars from different traditions and backgrounds need to sit down at the same table and start talking to one another. The author presents an argument in favor of an integrated model of legal scholarship in which norms of intellectual modesty and cooperation fuel the development of interdisciplinary work. He develops a functional hierarchy which allows scholars to start with the first, threshold question, then work down to the operational details as they carefully consider our accumulated learning about why and how people actually act. After …

The State (Never) Rests: How Excessive Prosecutor Caseloads Harm Criminal Defendants, Adam M. Gershowitz, Laura R. Killinger

Faculty Publications

No abstract provided.

The Reason Behind The Rules: From Description To Normativity In International Criminal Procedure, Noah Weisbord

Faculty Publications

As the International Criminal Court (ICC) continues to mature in its practices, it provokes discussion on whether the comfortable framework of adversarial and inquisitorial systems should be used to evaluate an institution that exists in a fundamentally different context from that of national criminal justice systems. In order to avoid entangling the ICC in rules that are not tailored to fit its specific goals and institutional context, the normative purposes underlying procedural rules derived from domestic institutions should be reexamined.

This article draws out basic principles that may be of use in reexamining the reasoning behind the rules of procedure …

Why Misdemeanors Matter: Defining Effective Advocacy In The Lower Criminal Courts, Jenny Roberts

Hofstra Law Faculty Scholarship

Most individuals accused in our nation’s criminal courts are not charged with murder, rape, drug sales, or even less serious felonies. The vast majority of charges are in the lower courts, for misdemeanors such as marijuana possession, driving with a license suspension for failure to pay tickets, assault, disorderly conduct, or public intoxication. Misdemeanor adjudications have exploded in recent years, with one recent study estimating that the volume of misdemeanor cases nationwide has risen from five to more than ten million between 1972 and 2006. At the same time, violent crime and the number of felony cases across the country …

Latino Students’ Perceptions Of The Academic Library, Dallas Long

Faculty and Staff Publications – Milner Library

Library use is strongly linked with student persistence in higher education, and Latino students have lower rates of academic library use and proficiency than other racial/ethnic groups of students. This study explores Latino undergraduate students’ perceptions of the academic library and library staff and identifies the conditions which impede or facilitate the students’ use of the library. Using a multiple case study design, this study describes the experiences and perceptions of undergraduate students who identify as Latino and attend a four-year public research-intensive university in the Midwest. The findings suggest that Latino students use the library through the influence of …

Religiosity, Self-Control, And Antisocial Behavior: Religiosity As A Promotive And Protective Factor, Robert D. Laird, Loren D. Marks, Matthew D. Marrero

Faculty Publications

Three hypotheses with the potential to provide information on the role of religiosity as a promotive and protective factor in early adolescence were tested. Adolescents (N = 166, M age = 13 years, 49% female, 49% European American, 45% African American) and mothers reported their own personal importance of religion and the frequency of their attendance of religious services. Greater mother importance and attendance was associated with greater adolescent importance and attendance. Mother importance was indirectly linked to adolescent antisocial behavior through adolescent importance. Less adolescent importance and attendance were associated with low self-control and low self-control was associated …

Psychopathy: Correlates Of The Mmpi-2-Rf And Ppi-R, Katherine Achsah Lisa Hall

Dissertations and Theses @ UNI

The present study sought to examine the utility of the MMPI-2-RF (Ben-Porath & Tellegen, 2008) in assessing psychopathic personality traits. In past studies, the Restructured Clinical scales (RC4, RC9, RC7, and RC2) have been positive predictors of psychopathic characteristics. The aim of this study is to validate and build upon the previous research by re-examining the Restructured Clinical scales (RC4, RC9, RC7, and RC2) and investigate the MMPI-2-RF fear scales (Behavioral-Restricting Fears & Multiple Specific Fears), High-Order Scale (Behavioral/Externalizing Dysfunction), Externalizing Scale (Juvenile Conduct Problems and Substance Abuse) and the Personality Psychopathology Five scales (Negative-Emotionality/Neuroticism-Revised & Introversion/Low Positive Emotionality-Revised). It …

The Innocence Rights Of Sentenced Offenders, Mary Rogan

Articles

Civil orders which take effect after a person has been released from a sentence of imprisonment have become more common features of Irish law. Despite representing a major departure from the principle that when a person has served a sentence the state has no further „call‟ on that person, such orders have received limited attention. This article examines some of these new orders, in particular section 26 and section 26A of the Criminal Justice Act 2007. It argues that these orders should be of concern, suggesting that they are likely to act as barriers to reintegration of ex-prisoners, represent a …

Criminalizing Corporate Killing: The Irish Approach, Bruce Carolan

Articles

The debate on criminal corporate liability in the United States might benefit from a comparative perspective: How have other countries treated the criminal liability of corporate entities? This benefit might be enhanced by focusing on a country with a similar legal heritage to the United States—a country with a common law legal system inherited from the British. And, it would help if that country were concurrently examining the issue of criminal corporate liability. Interesting questions might include: What issues dominate the debate? How are issues of punishment, reparations, and rehabilitation handled? Is a legislative approach contemplated? The purpose of this …

Book Review Of "The Prisoner Society: Power Adaptation And Social Life In An English Prison (Crewe, B.), Mary Rogan

Other resources

This is a review of the book by B. Crew entitled"The Prisoner Society: Power, Adaptation and Social LIfe in an English Prison. Published by Oxford University Press

Conflict-Conditioned Communication: A Case Study Of Communicative Relations Between The United States And Iran From 2005-2008, Erin Leigh Mckee

Dissertations and Theses

In protracted international conflicts, truth is often sacrificed in the name of victory. Political realists see international politics as a competition to win power, retain power, and demonstrate power; misleading the enemy in the name of strategy and misleading the public in the name of security are necessary elements of the game. A less obvious condition is that those caught in the cycle of intergroup conflict also withhold truths from themselves. This denial of truth and reality--to the Other, to the public, and to the self--is especially prevalent in the communicative relationship between the United States and the Islamic Republic …

Erosion And Adjustment: A Bourdieuian-Inspired Analysis Of Imprisonment And Release, Joshua David Seim

Dissertations and Theses

Sociologists of punishment generally agree that the American prison exacerbates social inequality, but the mechanisms by which it does so remain somewhat fuzzy. This thesis pulls from the tradition of Pierre Bourdieu (1930-2002), a canonical theorist of power and inequality, and specifically his three "thinking tools" of field, capital, and habitus, to unveil these mechanisms. Empirically, I turn to ethnographic data I collected in a minimum-security men's prison that is generally reserved for convicts who will be released to one of the three most populated counties in Oregon. I explore how soon-to-be-released prisoners (i.e., prisoners who will be released within …

Identifying Victims Of Domestic Minor Sex Trafficking In A Juvenile Custody Setting, Jonathan Dickinson Dabney

Dissertations and Theses

Domestic Minor Sex Trafficking (DMST) is a severe form of child sexual exploitation. Thus far, DMST studies have been qualitative or relied on secondary data. There has been no quantitative attempt to directly identify victims in a methodical way in order to determine the prevalence of DMST at a local level or the nature and strengths of its correlates. The present study used a three-tiered screening process to identify victims of DMST in a juvenile detention center. All youth taken into custody over a three and a half month period (N = 738) received a short assessment to identify those …

American Vertigo: Dual Use, Prison Physicians, Research, And Guantanamo, George J. Annas

Faculty Scholarship

Physicians can be used by governments for nonmedical purposes, and physician acceptance of their nonmedical use is usually denoted as "dual loyalty, " although it is more analytically helpful to frame it "dual use. " Dual use of physicians has been on display at Guantanamo where physicians have consistently been used to break hunger strikes as part of the military security mission in ways that directly violate medical ethics. Guantanamo itself has also been seen worldwide as a uniquely horrible prison, which can tell us little about other American prisons. The contrary seems to be true: Guantanamo, and the use …

The Role Of Government In A Free Society: The Conception Of Lester Frank Ward, Sotirios A. Barber, James E. Fleming

Faculty Scholarship

This essay, part of a larger project, considers theories of the unitary executive and what the best of these theories imports for the rule of law and the future of constitutional theory as a whole. As we see it, at least in a sense that predates Bush administration apologist John Yoo,' the unitary executive is here to stay. Precisely because the American constitutional executive is a unitary power, President Obama can close Guantanamo unilaterally, without Congress's leave. President Obama, on his own, can also revoke Bush's executive orders regarding secrecy. He can renounce Bush administration memoranda attempting to justify torture, …

Truth Commissions And Human Rights, Margaret Urban Walker

Philosophy Faculty Research and Publications

No abstract provided.

Gender Self-Concept And Sexual Behavior Of Students In Greek-Letter Organizations, Julianne E. Arthur

All-Inclusive List of Electronic Theses and Dissertations

Originally designed as "gendered clubs" (DeSantis, 2007, p. 19) that reinforce traditional gender roles, modern-day fraternities and sororities create a world where Greek students are exploring what it means to be a sexual being while still maintaining the traditional expectations of what it means to be a man and a woman. "Hooking up" is a common tool that knits Greek sexual behaviors together, allowing for varied perceived levels of promiscuity. Aided by alcohol, expectations from their environment, and their own sex drive, Greek students engage in high-risk sexual behaviors, leading to emotional consequences, increased risk of contracting a sexually transmitted …

"More Than Three "Rs" In The Classroom" : A Case Study In Aboriginal Tertiary Business Education, Keith Truscott

Theses: Doctorates and Masters

This was an investigation of factors that assisted Australian Aboriginal students complete or incomplete a business course at a University in Perth between 2000 and 2010. The concept of resilience and related factors of inclusion and exclusion from the participants’ past were assumed clues by the researcher. The investigation involved four inquiries. First, the researcher reviewed recent statistics of Aboriginal population, education and employment. A short history of Aboriginal education in Western Australian was also made. Both reviews indicated Aboriginal people endured relative exclusion and a lower status than the mainstream population in areas of education and employment.

Second, the …

Untangling The Twists Of Habeas Corpus, Larry Yackle

Faculty Scholarship

Take it from me. The one job you don't want is sorting out federal habeas corpus. By all accounts, existing arrangements are an unrelieved disaster. Yet now come Nancy King and Joseph Hoffmann with a valiant effort to set things in order. Their book describes habeas corpus as the writ currently stands, offers explanations of why and how we have come to this pass, and, most important, advances a definite plan of action for habeas in criminal cases-a way to fix what so desperately needs fixing. This is a good book, a valuable book. It is informative, essentially accurate in …

Called "Out" At Home: The One Strike Eviction Policy And Juvenile Court, Wendy J. Kaplan, David Rossman

Faculty Scholarship

One of the harshest collateral consequences of a juvenile delinquency case is the prospect of eviction from public housing. Under the federal government’s One Strike policy, public housing authorities are encouraged to evict families for any criminal act by their children, no matter how trivial. This politically popular policy creates more social ills than it cures. There is no evidence that it reduces crime in public housing, but there is abundant evidence that it makes families homeless, puts children out on the street, leads police departments to breach laws concerning confidentiality of juvenile proceedings, and creates conflicts of interest between …

Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering—October 2009 Term, Richard Klein

Scholarly Works

No abstract provided.

Rethinking Self-Incrimination, Voluntariness, And Coercion, Through A Perspective Of Jewish Law And Legal Theory, Samuel J. Levine

Scholarly Works

No abstract provided.

Symposium: Bob Dylan And The Law, Foreword, Samuel J. Levine

Scholarly Works

No abstract provided.

Ensuring Public Trust At The Municipal Level: Inspectors General Enter The Mix, Patricia E. Salkin, Zachary Kansler

Scholarly Works

Although federal, state and local government officials are subject to applicable codes of ethical conduct and are under the jurisdiction of ethics enforcement agencies created pursuant to these laws, ethics oversight agencies are limited in the breadth and scope of covered activities. With an increase in reported allegations of corruption, particularly at the local government level, this article explores the addition of the audit function, through inspectors general, to ensure greater transparency and accountability of public officials.

The article begins with a very brief historical overview of the emergence of the inspector general concept in Europe and its adoption in …

Hope-Fulfilling Or Effectively Chilling? Reconciling The Hate Crimes Prevention Act With The First Amendment, Carter T. Coker

Vanderbilt Law Review

Living on a meager disability pension and without means of transportation, forty-nine-year-old African American James Byrd, Jr. of Jasper, Texas thought he had caught a break when three white men offered him a ride home on June 6, 1998. The following morning, police found Byrd's torso in the middle of the road, his head and arm in a ditch a mile away, and a three-mile trail of blood staining the road. That racial animus was the motivation for Byrd's torture, dragging, and death was hardly in dispute. Two of the three perpetrators were members of white supremacist organizations and bore …

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

Faculty Scholarship

This article is based on the Interim Report, Creditor Claims in Arbitration and in Court, issued in November 2009 by the Searle Civil Justice Institute's Consumer Arbitration Task Force. It seeks to compare the outcomes of debt collection arbitrations to the outcomes of debt collection cases in court to help in evaluating arbitration as a means of resolving consumer disputes. The arbitration cases examined are debt collection cases administered by the American Arbitration Association (AAA) as part of its consumer arbitration docket, supplemented by cases brought by a single debt buyer as part of a consumer debt collection program administered …

Network Accountability For The Domestic Intelligence Apparatus, Danielle K. Citron, Frank Pasquale

Faculty Scholarship

A new domestic intelligence network has made vast amounts of data available to federal and state agencies and law enforcement officials. The network is anchored by “fusion centers,” novel sites of intergovernmental collaboration that generate and share intelligence and information. Several fusion centers have generated controversy for engaging in extraordinary measures that place citizens on watch lists, invade citizens’ privacy, and chill free expression. In addition to eroding civil liberties, fusion center overreach has resulted in wasted resources without concomitant gains in security.

While many scholars have assumed that this network represents a trade-off between security and civil liberties, our …

Progressive Constitutionalism, Originalism, And The Significance Of Landmark Decisions In Evaluating Constitutional Theory, William P. Marshall

Faculty Publications

No abstract provided.

When Courts Collide: Integrated Domestic Violence Courts And Court Pluralism, Elizabeth L. Macdowell

Scholarly Works

This Article proposes court pluralism as a new theory for analyzing the role of the justice system in addressing domestic violence. It argues that a systemic view of the justice system is essential to developing coherent reform strategies, and lays out the foundation for taking into account the unique functions of civil and criminal justice in domestic violence cases. In doing so, the Article challenges the one-dimensional characterization of a fragmented court system as bad for victims of domestic violence that dominates legal scholarship, and shows that court fragmentation can be an opportunity and potential source of protection from systemic …

Constitutionalizing Immigration Law On Its Own Path, Anne R. Traum

Scholarly Works

Courts should insist on heightened procedural protections in immigration adjudication. They should do so under the Fifth Amendment’s Due Process Clause rather than by importing Sixth Amendment protections from the criminal context. Traditional judicial oversight and the Due Process Clause provide a better basis than the Sixth Amendment to interpose heightened procedural protections in immigration proceedings, especially those involving removal for a serious criminal conviction. The Supreme Court’s immigration jurisprudence in recent years lends support for this approach. The Court has guarded the availability of judicial review of immigration decisions. It has affirmed that courts are the arbiters of constitutional …