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Finding The Original Meaning Of American Criminal Procedure Rights: Lessons From Reasonable Doubt's Development, Randolph N. Jonakait

Articles & Chapters

Lessons can be learned about finding the original meaning of American criminal procedure rights by an examination of the development of the reasonable doubt standard. This is for a number of reasons. First, the status of the reasonable doubt standard seems secure. No debate questions the constitutional requirement that an accused can only be convicted if the crime is proven beyond a reasonable doubt. The standard’s original meaning can be explored uncolored by the partisanship often engendered when present seekers of original meaning hope to define a new contour to a constitutional guarantee. Furthermore, serious scholars have studied the reasonable …

The Cause Lawyer’S Cause, Frank W. Munger

Articles & Chapters

The promise of human rights in South Africa may depend significantly on the course chosen by a professional and relatively independent South African judiciary. But what about the promise of human rights in other developing states which lack a judiciary with similar potential? Cause lawyers, increasingly visible in many of these new states, are presumed carriers of liberal legalism and democracy and celebrated for their courageous defence of human rights even in the absence of an independent court system. This comment argues that celebration of cause lawyers may reflect presumptions about their causes that are questionable even in the Global …

Hostile Educational Environments, Ari Ezra Waldman

Articles & Chapters

This Article is one in a series about bullying and cyberbullying in schools. I argue that the proper analysis for a First Amendment challenge to school discipline for off-campus misuse of the Internet to harm or harass a member of the school community based on the victim’s identity depends on the nature of the offending behavior. For students who are punished for a single incident – what I will call cyberattacking – a Tinker analysis makes sense. But, given that Tinker’s “substantial disruption” standard originated in the context of student protests and that targeted identity-based harassment can create substantial disruptions …

Preventing Sex-Offender Recidivism Through Therapeutic Jurisprudence Approaches And Specialized Community Integration, Heather Cucolo, Michael L. Perlin

Articles & Chapters

The public’s panic about the fear of recidivism if adjudicated sex offenders are ever to be released to the community has not subsided, despite the growing amount of information and statistically-reliable data signifying a generally low risk of re-offense. The established case law upholding sex offender civil commitment and containment statutes has rejected challenges of unconstitutionality, and continues to be dominated by punitive undertones. We have come to learn that the tools used to assess offenders for risk and civil commitment are often inaccurate and that meaningful treatment for this population is often unavailable and ineffective. Yet, society continues to …

Prevalence And Determinants For Overweight And Obesity Among Residents Of A Mining Township In Kitwe, Zambia, In 2011: A Population-Based Survey, Cosmas Zyaambo, Olesegun Babaniyi, Peter Songolo, Adamson S. Muula, Emmanuel Rudatsikira, Victor M. Mukonka, Seter Siziya

Faculty Publications

Background: Obesity and overweight in Africa have been attributed to demogra- phic and nutritional changes that have resulted from urbanization and sedentary lifestyles and increased caloric intake without much physical activities. This has put populations at an increased risk of cardiovascular diseases, Diabetes mellitus, osteoarthritis, dyslipidemia, and cancer. The objective of this study was to deter- mine the prevalence and associated factors for combined overweight and obesity among residents of a mining town, Kitwe, in Zambia.

Methods: A cross sectional study was conducted using a modified WHO glo- bal Non Communicable Diseases Surveillance Initiative STEPs 1 and 2 method of …

Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman

Articles & Chapters

While federal circuit courts play an essential role in defining what the Constitution means, one would never know it from looking at most constitutional scholarship. The bulk of constitutional theory sees judge-made constitutional law through a distorted lens, one that focuses solely on the Supreme Court with virtually no attention paid to other parts of the judicial hierarchy. On the rare occasions when circuit courts appear on the radar screen, they are treated either as megaphones for communicating the Supreme Court’s directives or as tools for implementing the theorist’s own interpretive agenda. Both approaches would homogenize the way circuit courts …

Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors, Justin Murray

Articles & Chapters

Prosecutors, like mostAmericans, view the criminal-justice system asfundamentally race neutral. They are aware that blacks are stopped, searched, arrested, and locked up in numbers that are vastly out of proportion to their fraction of the overall population. Yet, they generally assume that this outcome is justified because it reflects the sad reality that blacks commit a disproportionate share of crime in America. They are unable to detect the ways in which their own discretionary choices-and those of other actors in the criminal-justice system, such as legislators, police officers, and jurors-contribute to the staggering and disproportionate incarceration of black Americans. In …

There Is A World Elsewhere: Preliminary Studies On Alternatives To Interest-Based Bargaining, F. Peter Philips

Articles & Chapters

Studies of selected ancient dispute resolution methods suggest that interest-based bargaining is culturally specific and may be inapplicable in societies where individual gratification is not as highly valued as social harmony or spiritual coherence.

Irregular Kelo Takings: A Potential Response To Natural Disasters, Fredrick E. Vars

Articles

No abstract provided.

The Article Ii Safeguards Of Federal Jurisdiction, Tara Leigh Grove

Articles

Jurisdiction stripping has long been treated as a battle between Congress and the federal judiciary Scholars have thus overlooked the important and surprising role that the executive branch has played in these jurisdictional struggles I seek to fill that void Drawing on two strands of social science research I argue that the executive branch has a strong incentive to use its constitutional authority over the enactment and enforcement of federal law to oppose jurisdictionstripping measures Notably this structural argument has considerable historical support The executive branch has repeatedly opposed jurisdictionstripping proposals in Congress That has been true even when the …

Down-Sizing The Little Guy Myth In Legal Definitions, Mirit Eyal-Cohen

Articles

What is a “small business” in the eyes of the law? There is not one standard definition. Current legal definitions of a firm's size are inconsistent and overinclusive. They vary from one area of the law to another and within various sections of the same law. They create a skewed picture and result in data distortion that reinforces favoritism toward small entities, as studies on the contribution of small businesses to the economy are greatly dependent on these studies' delineation of the term “small.” In this time of huge deficits and rise in economic inequality, a lot of money is …

The Fractal Geometry Of Invention, Alan L. Durham

Articles

Fractals are geometric objects of inexhaustible detail. Fractal structures have been found in the contours of mountain ranges, the patterns of veins on a leaf, and the fluctuations of the Dow Jones Industrial Average. The endeavor of inventing new technologies, consisting of a hierarchical network of practical inquiries, exhibits fractal properties as well. Among these are multiplicity, latency, and self-similarity. Multiplicity means that a single inventive idea may lead to an immense and diverse array of technological artifacts. Latency means that the potential of an inventive idea to yield practical embodiments only reveals itself in time, and may never be …

What Is Christian Legal Thought, William S. Brewbaker Iii

Articles

No abstract provided.

Facebook Fallicies, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Presuit Discovery In A Comparative Context, Scott Dodson

Faculty Scholarship

No abstract provided.

The First Amendment's Epistemological Problem Symposium: The First Amendment In The Modern Age: Essay, Paul Horwitz

Essays, Reviews, and Shorter Works

No abstract provided.

What Ails The Law Schools 2013 Survey Of Books Related To The Law: Review, Paul Horwitz

Essays, Reviews, and Shorter Works

No abstract provided.

Act Iii Of The Ministerial Exception Colloquy Essay, Paul Horwitz

Essays, Reviews, and Shorter Works

The Supreme Court's recent decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC marks a resounding victory for the principle of church self-governance and the autonomy of religious institutions. But it is just the beginning of the story, not the end. Hosanna-Tabor properly recognizes that a significant measure of church autonomy is a key element part of the American church-state settlement, and may signal a broader recognition of the important role played by nonstate institutions in our social infrastructure. But it does not tell us how churches should behave under such a regime of autonomy, or how those inside …

Automated Human Screening For Detecting Concealed Knowledge, Nathan W. Twyman

Business and Information Technology Faculty Research & Creative Works

Screening individuals for concealed knowledge has traditionally been the purview of professional interrogators investigating a crime. But the ability to detect when a person is hiding important information would be of high value to many other fields and functions. This dissertation proposes design principles for and reports on an implementation and empirical evaluation of a non-invasive, automated system for human screening. The screening system design (termed an automated screening kiosk or ASK) is patterned after a standard interviewing method called the Concealed Information Test (CIT), which is built on theories explaining psychophysiological and behavioral effects of human orienting and defensive …

Young Children Consider Merit When Sharing Resources With Others, Patricia Kanngiesser, Felix Warneken

School of Psychology

Merit is a key principle of fairness: rewards should be distributed according to how much someone contributed to a task. Previous research suggests that children have an early ability to take merit into account in third-party situations but that merit-based sharing in first-party contexts does not emerge until school-age. Here we provide evidence that three- and five-year-old children already use merit to share resources with others, even when sharing is costly for the child. In Study 1, a child and a puppet-partner collected coins that were later exchanged for rewards. We varied the work-contribution of both partners by manipulating how …

Podcast Pre-Labs For Enhanced Learning, Roy Lowry

School of Geography, Earth and Environmental Sciences

Aims of project To script, record and make available a series of short (5-7 minutes) video podcasts which support first year chemistry laboratory sessions To evaluate the effectiveness of this approach Background to project Many students arrive at university with limited practical experience and hence a lot of laboratory time was spent demonstrating how to assemble equipment or correcting minor (but significant) errors in procedure. Whilst the laboratory handbook had been refined over several years, there is a limit to the amount of experience that can be transferred via the printed page. Hence, it was decided to made a series …

Anticipation Of Action Intentions In Autism Spectrum Disorder, Matthew Hudson, Hollie G. Burnett, Tjeerd Jellema

School of Psychology

No abstract provided.

Doing, Seeing, Or Both: Effects Of Learning Condition On Subsequent Action Perception, Alison J. Wiggett, Matthew Hudson, Angela Clifford, Steven P. Tipper, Paul E. Downing

School of Psychology

No abstract provided.

Implicit Social Learning In Relation To Autistic-Like Traits, Matthew Hudson, Tanja C.W. Nijboer, Tjeerd Jellema

School of Psychology

No abstract provided.

Osteochondral Tissue Engineering: Scaffolds, Stem Cells And Applications., Patcharakamon Nooeaid, Vehid Salih, Justus P. Beier, Aldo R. Boccaccini

Peninsula Dental School

Osteochondral tissue engineering has shown an increasing development to provide suitable strategies for the regeneration of damaged cartilage and underlying subchondral bone tissue. For reasons of the limitation in the capacity of articular cartilage to self-repair, it is essential to develop approaches based on suitable scaffolds made of appropriate engineered biomaterials. The combination of biodegradable polymers and bioactive ceramics in a variety of composite structures is promising in this area, whereby the fabrication methods, associated cells and signalling factors determine the success of the strategies. The objective of this review is to present and discuss approaches being proposed in osteochondral …

Living Without A Frontal Lobe: Thirty-Eight Years Following A Tbi, Glena Andrews

Faculty Publications - Doctor of Psychology (PsyD) Program

No abstract provided.

An Integration Approach (Chapter 4 Of Counseling And Christianity, Five Approaches), Mark R. Mcminn

Faculty Publications - Doctor of Psychology (PsyD) Program

I puzzle over the adage "to have yout cake and eat it too." If one has cake , why wouldn't they eat it?1 To have your cake and not eat it just seems silly. In the same way, if Christian counselors have the rich theoretical and scientific tradition of psychology to draw upon, why wouldn't they do so? And if the counselor has access to biblical revelation and the theological wisdom of the centuries, of course the counselor should rely on these resources also.

Theism And Psychological Science: A Call For Rapprochement, Michael J. Vogel, Tyler A. Gerdin, Mark R. Mcminn

Faculty Publications - Doctor of Psychology (PsyD) Program

The authors offer two arguments for the inclusion of theism in natural science. First, an argument against excluding theism is offered. Though early roots of science promoted a view that it is a way to accumulate knowledge that is untainted by presuppositions and traditions, postmodern critiques call this into question. Scientists have sometimes rejected religion as a context-dependent, tradition-based way of knowing, yet science itself is also context-dependent and tradition-based. Second, an argument for including theism in psychological is offered. Theistic beliefs are relevant insofar as they are part of human experience for many, they represent a form of human …

Old Testament Survey, Gerry White

Syllabus Repository

No abstract provided.

New Testament Survey, Gerry White

Syllabus Repository

No abstract provided.