Digital Commons Network^™

Rolling Back The Tide: Challenging The Criminalization Of Immigrants In Washington State, AngéLica CháZaro

Seattle Journal for Social Justice

No abstract provided.

The Institutional Structure Of Immigration Law, Eric A. Posner

Public Law and Legal Theory Working Papers

Immigration law scholars should give more attention to the institutional structure of immigration law and, in particular, the way that the government addresses problems of asymmetric information in the course of screening potential migrants and attempting to control their behavior once they arrive. Economic models of optimal contracting provide a useful starting point for analyzing this problem. This approach is applied to several current debates in immigration scholarship, including controversies over “crimmigration” and courts’ refusal to extend labor and employment rights to undocumented aliens.

United States V. Diaz: The Gap Between Medication And Restoration, Bryson Mccollum

Mercer Law Review

In United States v. Diaz, the United States Court of Appeals for the Eleventh Circuit, in a case of first impression, determined whether the state met its burden in applying the United States Supreme Court's test articulated in Sell v. United States, to involuntarily medicate an incompetent, schizophrenic defendant. Based on the Sell test that was established in 2003, the court of appeals had to determine which evidentiary findings were sufficient to meet the clear and convincing evidence standard allowing the State of Georgia to forcibly medicate the appellant, Michael Diaz. The court of appeals found no clear …

July 2012, University Archives And Special Collections Department

This Month in UT Tyler History

No abstract provided.

Ucf Cocoa & Palm Bay Newsletter Summer 2012, Megan M. Haught

UCF Cocoa & Palm Bay Newsletter

This is the Summer 2012 edition of the UCF Cocoa & Palm Bay Newsletter which celebrates the accomplishments and community activity of the faculty, staff, and students from the University of Central Florida Cocoa and Palm Bay campuses.

• A new staff and two new faculty members joined the Cocoa campus
• Two Educations students attended the NASA Pre-Service Teacher Institute
• 31 Cocoa Nursing seniors graduated in August four of which had Honors in the Major recognition
• The BCC/UCF Joint Use Library in Palm Bay was chosen as the cover image for Choice Magazine

The Learning Marketspace, July 2012, Bob Heterick, Carol Twigg

The Learning MarketSpace (4/03 - 4/14)

No abstract provided.

Women In Robes, Sital Kalantry

Cornell Law Faculty Publications

This article presents statistics on the number of women in the judiciary and argues for gender parity to further equality, enhance courts' legitimacy, and strengthen the rule of law.

Toward A Situational Model For Regulating International Crimes, Andrew K. Woods

Law Faculty Scholarly Articles

The international criminal regime, as currently conceived, relies almost exclusively on the power of backward-looking criminal sanctions to deter future international crimes. This model reflects the dominant mid-century approach to crime control, which was essentially reactive. Since then, domestic criminal scholars and practitioners have developed and implemented new theories of crime control—theories notable for their promise of crime prevention through ex ante attention to community and environmental factors. Community policing crime prevention through environmental design, and related "situational" approaches to crime control have had a significant impact on the administration of domestic criminal law.

This Article evaluates the implications of …

Beautiful, Unethical, Dangerous': Screening Surveillance And Maintaining Insecurities, Adam Brown, Tony Chalkley

Reconstruction: Studies in Contemporary Culture

[First paragraph]

In Christopher Nolan’s blockbuster hit, The Dark Knight (2008), the roguish caped crusader builds a massive computer system to locate his arch-nemesis, the Joker, using sonar technology. After being called on by Batman to use the system and assist with the pursuit, the deeply moral CEO of Wayne Enterprises, Lucius Fox, reluctantly agrees to help just one time, but threatens to quit immediately afterwards. The film’s subsequent climactic scenes are thus played out in a cityscape under surveillance, both thematically and aesthetically, with Batman’s (anti)heroic exploits only possible through his (temporary) establishment of a virtual “surveillancescape.” Yet there …

Is Maternal Smoking During Pregnancy A Causal Environmental Risk Factor For Adolescent Antisocial Behavior? Testing Etiological Theories And Assumptions, Brian M. D'Onofrio, Carol A. Van Hulle, Jackson A. Goodnight, Paul J. Rathouz, Benjamin B. Lahey

Psychology Faculty Publications

Background—Although many studies indicate that maternal smoking during pregnancy (SDP) is correlated with later offspring antisocial behavior (ASB), recent quasi-experimental studies suggest that background familial factors confound the association. The present study sought to test alternative etiological hypotheses using multiple indices of adolescent ASB, comparing differentially exposed siblings, and testing assumptions in the sibling-comparison design.

The Case Of Karen Atala And Daughters: Toward A Better Understanding Of Discrimination, Equality, And The Rights Of Women, Rosa M. Celorio

City University of New York Law Review

No abstract provided.

Historical And Legal Aspects Of Piracy And Armed Robbery Against Shipping, Francesca Pellegrin

Journal of Maritime Law and Commerce

No abstract provided.

Hugo Black’S Vision Of The Lawyer, The First Amendment, And The Duty Of The Judiciary: The Bar Applicant Cases In A National Security State, Joshua E. Kastenberg

Faculty Scholarship

Centered on Justice Black, this Article is a legal history of the decisional processes, political influences, and jurisprudential ideologies involved in Konigsberg v. State Bar of California (Konigsberg I), Schware v. Board of Bar Examiners, Konigsberg v. State Bar of California (Konigsberg II ). It also provides a window into what the Justices saw as the role of the legal profession in the criminal justice system, as well as in national security. Within the Court, two opposing camps led by Justice Hugo Black and Justice John Harlan sparred over the ability of state judicial branches to determine bar admission based …

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.

The Domestic Politics Of International Extradition, William Magnuson

Faculty Scholarship

Extradition poses a set of unique challenges for current theories of international law. State decisions regarding extradition involve the intersection of domestic criminal law, complex international treaties, and often overtly political considerations, thus def ing neat explanation by legal theorists. This Article argues that current theory fails to adequately explain the international law of extradition because it relies on state-centric models of international relations. By focusing our attention on unitary state interests, commentators overlook the important ways in which domestic politics shapes and influences state behavior. More particularly, this Article argues that domestic groups and institutions both constrain and empower …

The Right To Silence In The Hague International Criminal Courts, Mark Berger

Faculty Works

The War Crimes Tribunals and the International Criminal Court were established as international judicial institutions charged with the task of prosecuting individuals responsible for committing such human rights offenses as genocide, crimes against humanity, grave breaches of the 1949 Geneva Conventions, and violations of the laws or customs of war. These judicial bodies function in much the same way as domestic criminal courts and as such they have had to balance the institutional goal of prosecuting human rights offenders with the need to respect appropriate limits on the exercise of their authority. This article explores how that balance has been …

Communicator, Summer 2012, Wneu Alumni Association

Alumni Magazines

No abstract provided.

Change Is Possible: The Law As A Barrier And A Tool, Marianne Møllmann

City University of New York Law Review

No abstract provided.

The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-Lopez

City University of New York Law Review

No abstract provided.

The Public Defender As Anti-Trafficking Advocate, An Unlikely Role: How Current New York City Arrest And Prosecution Policies Systematically Criminalize Victims Of Sex Trafficking, Kate Mogulescu

City University of New York Law Review

No abstract provided.

Learning To Live: Urban Black Male Youth, Curriculum Protest And Transformative Citizenship, Colette Thelemaque-Collier

College of Education Theses and Dissertations

Social justice curriculum argues that preparing students for life should involve a process of dialogue and schooling as a place of power disruption versus an approach built on social and political neutrality. This study examined the experiences and perceptions of urban Black male youth who participate in social justice curriculum. Through narrative inquiry, I used the concepts of Black “curricular protest” (Watkins, 2005) and concenticization (Freire, 1993) to understand how urban Black male youth who engage in curriculum as critique come to understand their own “transformative citizenship development” (Banks, 2008). Across three interviews, participants shared their experiences to inform more …

The Institutional Structure Of Immigration Law, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Immigration law scholars should give more attention to the institutional structure of immigration law and, in particular, the way that the government addresses problems of asymmetric information in the course of screening potential migrants and attempting to control their behavior once they arrive. Economic models of optimal contracting provide a useful starting point for analyzing this problem. This approach is applied to several current debates in immigration scholarship, including controversies over "crimmigration" and courts' refusal to extend labor and employment rights to undocumented aliens.

Dying To Be Free: An Analysis Of Wisconsin's Restructured Compassionate Release Statute, Nicole M. Murphy

Marquette Law Review

In 2009, the Wisconsin Legislature enacted comprehensive criminal sentencing reforms under 2009 Wisconsin Act 28 in an effort to shrink the State’s swollen corrections budget and reduce the impending multi-billion dollar deficit. However, the new early release procedures sparked bitter partisan debate among state leaders, culminating in the repeal of the early release amendments a mere two years later. This Comment focuses on one of the early release amendments reserved for ill and elderly inmates, termed “compassionate release.” The Comment traces the history of compassionate release legislation in Wisconsin and outlines arguments in support and opposition of the program. The …

Beyond War: Bin Laden, Escobar, And The Justification Of Targeted Killing, Luis E. Chiesa, Alexander K.A. Greenawalt

Journal Articles

Using the May 2011 killing of Osama bin Laden as a case study, this Article contributes to the debate on targeted killing in two distinct ways, each of which has the result of downplaying the centrality of international humanitarian law (IHL) as the decisive source of justification for targeted killings.

First, we argue that the IHL rules governing the killing of combatants in wartime should be understood to apply more strictly in cases involving the targeting of single individuals, particularly when the targeting occurs against nonparadigmatic combatants outside the traditional battlefield. As applied to the bin Laden killing, we argue …

Introduction: Symposium On ‘Convicting The Innocent, Brandon L. Garrett

Faculty Scholarship

Examining what went wrong in the first 250 DNA exonerations was a sobering occupation, and I describe what I found in my book Convicting the Innocent, published by Harvard University Press in 2011. Still more haunting is the question of how many other wrongful convictions have not been uncovered and will never see the light of day. The New England Law Review has brought together a remarkable group of scholars who have each made leading contributions to the study of wrongful convictions from different disciplines and scholarly perspectives: Simon Cole, Deborah Davis, Gisli H. Gudjonsson, Richard Leo, and Elizabeth Loftus. …

Co-Occurring Mental Health And Substance Use Disorders: A Review Of Issues And Clinical Approaches For Dual Diagnosis, Jacob Aaron Weatherford

Research Papers

Individuals with co-occurring mental illness and substance use disorder (SUD) encounter a number of challenges that significantly diminish their quality of life. As compared to persons with either a mental illness or SUD alone, those with co-occurring disorders often have significantly more impairment in functioning, more severe symptoms, and are at an increased risk of health problems, hospitalization, incarceration, and suicide, amongst other negative consequences. Furthermore, those with co-occurring disorders are often more difficult to engage and retain in treatment, and have a worse prognosis than those with a single disorder. Treatment facilities are often not equipped with adequate assessment …

The Role Of Just Desserts, Deterrence, And An Apology In Recommending Punishment For Violations Of Hiv Non-Disclosure Laws, William Alexander Woody

Psychology Theses & Dissertations

HIV non-disclosure laws, which require people with HIV to disclose their HIV serostatus to potential sexual partners, are common in the U.S. This thesis applied philosophical theories of punishment to examine why people would punish these law violators. Specifically, retribution/just deserts (i.e., an eye for an eye) and deterrence (i.e., general crime prevention) were examined as punishment motivations. Additionally, offender apology was investigated as a potential moderator of the effects of retribution on punishment. A 2 (Just Deserts) X 2 (Deterrence) X 2 (Apology) ANOVA design was used with recommendations for a prison sentence and financial fine as the dependent …

The Effectiveness Of Anger Management Programs With Court Mandated Clients: A Provider Perspective, Mary A. Sanderfer

Counseling & Human Services Theses & Dissertations

Arrest for criminal offenses sometimes result in court systems mandating that offenders attend anger management treatment programs. Mandated anger management treatment places a demand on mental health professionals to provide these services. In order to prepare counselors to be effective in providing services, it is important for counselor educators to examine counselors' beliefs and attitudes about mandated anger management treatment. Using a survey method, this study asked counselors to rate the degree they perceived the anger management treatment they provide to be effective and to rate the degree they perceived they were prepared in their training programs to provide anger …

The Effects Of Teacher Behaviors On Students' Inclination To Inquire And Lifelong Learning, Chad N. Loes, Kem Saichaie, Ryan D. Padgett, Ernest T. Pascarella

International Journal for the Scholarship of Teaching & Learning

This study estimated the effects of teacher organization, clarity, classroom challenge and faculty expectations, support, and prompt feedback on students’ inclination to inquire and lifelong learning during the first year of college. Controlling for a battery of potential confounding influences, teacher organization was positively associated with gains in students’ Need for Cognition, while instructor clarity, classroom challenge/high expectations, and prompt feedback resulted in gains in both Need for Cognition and Positive Attitudes Toward Literacy. Lastly, it appears that the influence of teacher support on students’ Need for Cognition is conditional by level of tested academic preparation.

For The Bible Tells Me So: An Analysis Of Religiosity, Attitudes Towards Women, And Intimate Partner Violence, Stephen Cecil Parker

Sociology & Criminal Justice Theses & Dissertations

Male dominance and intimate partner violence are issues that affect many women. This study examines the relationship between religiosity and attitudes towards women and intimate partner violence. It was hypothesized that individuals with higher levels of religiosity would be more likely to hold traditional/negative attitudes towards women. It was also hypothesized that individuals with higher levels of religiosity would be more likely to be involved in a violent intimate relationship. The study used a sample of 427 students from a large urban university who were surveyed about religiosity, attitudes towards women, and intimate partner violence. The mean age of the …