Digital Commons Network^™

December 2011 Commencement Program, Bowling Green State University

Commencement Programs

No abstract provided.

The Law Of Medical Misadventure In Japan, Robert B. Leflar

Chicago-Kent Law Review

This paper offers a comprehensive overview of Japanese law and practice relating to iatrogenic (medically-caused) injury, with comparisons to other nations' medical law systems. The paper addresses criminal sanctions for Japanese physicians' negligent and illegal acts; civil law principles of substantive law and related issues of procedure, practice, and liability insurance; and administrative measures including health ministry programs aimed at expanding and improving the quality of peer review within Japanese medicine, and a recently implemented no-fault compensation system for birth-related injuries.

Among the paper's findings are these. Criminal and civil actions increased rapidly after highly publicized medical error events at …

The Impact Of Mandatory Supervised Release (Msr) And Time Served On Idoc's Population, David E. Olson, Donald Stemen

Criminal Justice & Criminology: Faculty Publications & Other Works

This presentation provided an overview of the impact that violators of Mandatory Supervised Release (MSR or "parole") had on Illinois' prison admissions and prison population as well as an overview of changes in sentences and time served by those admitted to prison in Illinois.

A Century Of Chemistry Instruction At The College In Arlington: 1895-1995 (A Memoir And Scrapbook), Thomas James Cogdell

Chemistry & Biochemistry Faculty Publications - Archive

No abstract provided.

Review Of Social Work & Restorative Justice: Skills For Dialogue, Peacemaking, And Reconciliation. Elizabeth Beck, Nancy P. Kropf & Pamela Blume Leonard (Eds.). Reviewed By Robert Mcandrews., Robert Mcandrews

The Journal of Sociology & Social Welfare

Book review of Elizabeth Beck, Nancy P. Kropf & Pamela Blume Leonard (Eds.) (2011). Social Work & Restorative Justice: Skills for Dialogue, Peacemaking, and Reconciliation. New York: Oxford University Press, $45.00 (hardcover).

The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le

William & Mary Bill of Rights Journal

No abstract provided.

Government By Contract And The Structural Constitution, Kimberly L. Wehle

All Faculty Scholarship

Although private parties have performed government functions throughout most of Western history, mainstream administrative law scholarship is dotted with concerns over the extent to which modern federal government activities are outsourced to private contractors. Federal contractors routinely exercise authority that is classically “executive” in nature. They write regulations, interpret laws, administer foreign aid, manage nuclear weapons sites and intelligence operations, interrogate detainees, control borders, design surveillance systems, and provide military support in combat zones. Administrative law places few constraints on private contractors, and prevailing constitutional principles — the state action and private delegation doctrines, in particular — are either inept …

Gendered Arrests Or Gendered Sentencing: Explaining The Narrowing Of The Gender Gap In Imprisonment Over Time: 1970–2008, Mark G. Harmon, Robert M. O'Brien

Criminology and Criminal Justice Faculty Publications and Presentations

Since 1970 the percentage of women incarcerated in U.S. prisons has risen from nearly 3 percent to almost 7 percent—more than doubling in less than 40 years. This article examines explanations for this phenomenon—concentrating on two: Changes in the relative rates of arrest for females and males and sentencing reforms that were instituted during this period. The authors examine trends in female to male imprisonment rates from 1970 to 2008 across all fifty states using panel analysis. The only robust relationship they find is between the ratio of female to male incarceration rates and the ratio of female to male …

Assessment Of Surface Transportation Security Training Needs And Delivery Preferences, Karen W. Lowrie, Judy A. Shaw, Michael R. Greenberg

Journal of Public Transportation

America’s surface transportation system features long and inter-connected routes and open access to stations and vehicles, making the system vulnerable to terrorist attack. While a variety of security-related training products exist for the transportation sector, government and other reports have called for improvements in the transportation security training curriculum in terms of quality and consistency. At the same time, tight economic times have left few extra financial resources available for systems to deliver adequate training to employees. This study assessed the needs for additional security training through focus groups and interviews with representatives of major surface transportation stakeholders and agencies. …

0606 Legislative Task Force To Study School Discipline, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

Legal Ethics, Patrick Emery Longan

Mercer Law Review

During the survey period, from June 1, 2010 through May 31, 2011, the appellate courts in Georgia decided cases involving the discipline of lawyers, ineffective assistance of counsel, legal malpractice, judicial ethics, and attorney disqualification. The State Bar of Georgia Formal Advisory Opinion Board took several actions that relate to the professional responsibilities of Georgia lawyers.

Effective Investigations, A Pivot To Efficient Criminal Justice Administration: Challenges In Nigeria, Oluwafemi Alexander Ladapo

African Journal of Criminology and Justice Studies

This paper identifies the connection between effective criminal investigations and the efficiency of criminal justice administration in Nigeria. It further examines the challenges of criminal investigations and concludes with suggestions for improving criminal investigative activities. Eight challenges of criminal investigations were identified and examined. These challenges are: the low crime reporting culture of the public, paucity of police funding, corruption, inadequate training of police officers in criminal investigations, delayed duplication of investigation case files, missing investigation case files, lack of forensic science facilities and experts; and poor public records keeping. The suggestions proffered for improving criminal investigation activities focus on …

Who And Where To Punish In A Criminally Loaded Conflict Of Northern Uganda: A Dilemmatic Juxtaposition Of Forms Of Juxtaposition Of Forms Of Justice In The Northern Uganda Conflict, Nathan Muwereza

African Journal of Criminology and Justice Studies

Much has been said about the conflict in northern Uganda, a civil conflict that has caused untold suffering in Uganda and the general Great Lakes region of Africa. However, little is made concrete and precisely analysed about how applicable or whether different forms of justice can be used to construct and reconstruct social order in the region. In this article, some of the varied literature is contextualized within victims’ perceptions in northern Uganda. It links such perceptions to the choice of forms and approaches to justice and the implications and/or potential for outbreak of latent conflicts. Using inferences from field …

Isoniazid Preventive Therapy In Correctional Facilities: A Systematic Review, H.A.A. Al-Darraji, A. Kamarulzaman, F.L. Altice

Research Publications (2011 to 2015)

No abstract provided.

Long-Term Suspensions And The Right To An Education: An Alternative Approach, Mary Kenyon Sullivan

North Carolina Law Review

No abstract provided.

Motions 2011 Volume 48 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Accessing Justice: The Availability And Adequacy Of Counsel Removal Proceedings: New York Immigrant Representation Study Report, Stacy Caplow, Peter L. Markowitz, Jojo Annobil, Peter Z. Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay C. Nash

Faculty Scholarship

No abstract provided.

The R-Word: A Tribute To Derrick Bell, Kenneth B. Nunn

UF Law Faculty Publications

Racism has become the “R-word,” an allegation that is so outrageous that it cannot even be spoken in public, let alone seriously addressed. In this brief exploration, I propose that it is exactly because racism continues to loom large in American society that talking about it has become taboo. In other words, banning the “R-word” serves a political function. It masks the failure of American society to confront the existence of racism and do something about its effects. Derrick Bell's path breaking work can be used to show why the focus of race discourse has moved from debating over what …

Transcript From Faculty Senate Meeting December 1, 2011, Frank Bove

The University of Akron Faculty Senate Chronicle

No abstract provided.

Second Look Commission 2011 Annual Report, Tennessee. Commission On Children And Youth.

Second Look Commission Annual Report

No abstract provided.

Culture Matters: Cultural Differences In The Reporting Of Employment Discrimination Claims, Andrew Tae-Hyun Kim

William & Mary Bill of Rights Journal

Why don’t reasonable people complain about discrimination? Behavioral science evidence points to structural barriers, like the fear of retaliation and the lack of sociocultural power in the workplace, that discourage employees from reporting. By not reporting perceived discriminatory or harassing conduct, the employee not only underutilizes Title VII’s administrative scheme—which was created precisely to remedy and deter such conduct—but also incurs a heavy litigative cost in employer liability suits. This Article claims that for certain minority groups, namely Asian Americans, certain cultural differences significantly heighten those structural barriers and consequently leave them underprotected in the legal system. The Article locates …

Petty Offenses, Drastic Consequences: Toward A Sixth Amendment Right To Counsel For Noncitizen Defendants Facing Deportation, Alice Clapman

Cardozo Law Review

No abstract provided.

Job Satisfaction And The Internship In State Level Law Enforcement, Catherine J. Sapp

College of Graduate Studies: Theses & Dissertations

It was the hypothesis of the researcher that exposing criminal justice students to the career field through the completion of a criminal justice internship will increase job satisfaction for the individual in state level investigative law enforcement and the field as a whole. Increased job satisfaction, in turn, produces higher retention rates which may lead to making the state level investigative law enforcement field a more stable environment. Therefore, the purpose of this correlational study was to discover if there was a difference in the score on Spector's Job Satisfaction Survey between state level investigative law enforcement personnel who completed …

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

Cardozo Law Review

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 …

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

The difficult economic times and resulting budget cuts to many state agencies were evident in the reduced number of high-level administrative law cases brought before the courts during this survey period. It seems in tough times such litigation is often not pursued to the degree it is in a more comfortable economic climate. As the economy begins to recover, we will likely see an increase in the number and complexity of administrative law cases brought before the appellate courts.

This Article is a survey of cases from the Georgia Supreme Court and Georgia Court of Appeals from June 1, 2010 …

Another Competitive Enterprise: A Balanced Private-Public Solution To North Carolina's Forensic Science Problem, Kavita Pillai

North Carolina Law Review

No abstract provided.

Alaska Justice Forum ; Vol. 28, No. 4 – Vol. 29 No. 1 (Winter 2012 / Spring 2012), Sharon Chamard, André B. Rosay, Barbara Armstrong

Vols 21-30 (2004-2014)

The Winter/Spring 2012 issue of the Alaska Justice Forum features articles on self-protective behaviors that people engage in to feel safe in their homes, key indicators affecting domestic violence and sexual assault in Alaska, results of an Alaska Judicial Council study of offender recidivism in Alaska, and predicting recidism among Alaska youth offenders.

Jurors' Ability To Judge The Reliability Of Confessions And Denials: Effects Of Camera Perspective During Interrogation, Lindsey Nicole Sweeney

Graduate Theses and Dissertations

Previous research shows that some proportion of people interrogated confess, regardless of actual guilt. It has also been shown that the camera perspective from which an interrogation is videotaped influences later judgments of voluntariness and guilt, as well as sentencing recommendations. The present research extends the understanding of this phenomenon of false confessions and the camera perspective bias. Ecologically valid videotaped true/false confessions and denials were obtained in Experiment 1. The proportions of guilt participants and participants that confessed to cheating were found to be smaller in Experiment 1 than those in previous research. Participants in Experiment 2 viewed the …

Fundamental Rights In Latin America A Comparative Study Addressing Human Rights Violations In Venezuela, Colombia, And Argentina, Maria Eugenia Rios

HIM 1990-2015

Over the last few decades the importance of human rights has increased considerably in international relations. With globalization and democratization, more states and individuals develop concerns about the fundamental rights every human is entitled to; regardless of sex, religion and ethnicity. Latin American countries began obtaining their independence over 200 years ago while progressing into becoming working democracies. Yet, they have been plagued by oscillating authoritarian regimes and social conflicts that constrain and inhibit their hopeful development. The majority of the Latin American states have reached a point where further positive growth was expected; yet human violations have taken a …

Improving Eyewitness Testimony Methods For More Accurate Recall Of Events, Ashley M. Schachter

HIM 1990-2015

Eyewitness testimony has as long history in the court system, and is very persuasive to juries. Jurors are hard pressed to ignore a witness' assertion of a perpetrator's identity. However, the juror's perception of eyewitness testimony is problematic as it has been documented as inaccurate and unreliable in numerous experiments. With the advent of DNA testing and efforts such as The Innocence Project, it has become apparent that faulty eyewitness accounts are central to many wrongful convictions. The intent of this thesis was to explore how law enforcement can facilitate more accurate eyewitness accounts via their interview process. Research suggests …