Digital Commons Network^™

Lawyers As Insincere (But Truthful) Actors, Lawrence M. Solan

Faculty Scholarship

No abstract provided.

R.I.P. R2p?: The Responsibility To Protect As Seen In The Arab Spring, John W. Dietrich

History and Social Sciences Faculty Journal Articles

No abstract provided.

Queering Jury Nullification: Using Jury Nullification As A Tool To Fight Against The Criminalization Of Queer And Transgender People, Adrien Leavitt

Seattle Journal for Social Justice

No abstract provided.

Ritualizaed Degradation In The Twenty-First Centry: A Revisitation Of Piven And Cloward's Regulating The Poor, Avi Brisman

Seattle Journal for Social Justice

No abstract provided.

Utb/Tsc Commencement – Spring 2012, University Of Texas At Brownsville, Texas Southmost College

Brownsville Archives - Legacy Commencement Programs

No abstract provided.

Utpa Commencement – Spring 2012, University Of Texas-Pan American

Edinburg Archives - Legacy Commencement Programs

No abstract provided.

Getting Away With Murder (Most Of The Time): Civil War Era Homicide Cases In Boone County, Missouri, Frank O. Bowman Iii

Faculty Publications

Much of the modem American legal process is dependent, not on particular substantive or procedural rules, but on legal and societal infrastructure that we tend to take for granted. To give the simplest example, appellate practice in Missouri (and elsewhere) was stunted until the late 1880s by the absence of court reporters who could create the verbatim trial records upon which a detailed review for error depends. The study of actual cases decided by juries and judges - law in action, rather than law in theory - owes its fascination to the insights it gives into what people really believe …

Book Review, Back To The Future, William Araiza

Faculty Scholarship

No abstract provided.

Finding Your Scholarly Impact, Natasha Cooper, Anne E. Rauh, Patrick Williams

Librarian Publications

No abstract provided.

Unlocking The Courthouse Door: Removing The Barrier Of The Plra’S Physical Injury Requirement To Permit Meaningful Judicial Oversight Of Abuses In Supermax Prisons And Isolation Units, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

In recent years the number of inmates held in isolation in American prisons has increased dramatically. At the same serious abuses have occurred in these isolation units. These abuses, which include subjecting inmates to degrading, humiliating and unnecessary suffering, often do not cause physical injury. Even though constitutional rights are violated by these acts, federal courts have often failed to provide relief to victims of these abuses. The reason is that the Prison Litigation Reform Act (PLRA) deprives federal courts of the ability to provide relief from degrading and even torturous behavior if there is not physical injury. This article …

Unjustified Punishment: Juvenile Consensual Sex Offenders And The Sex Offender Registry, Tyson Prisbrey

Brigham Young University Prelaw Review

No abstract provided.

Citizen Participation In Japanese Criminal Trials: Reimagining The Right To Trial By Jury In The United States, Jon P. Mcclanahan

North Carolina Journal of International Law

No abstract provided.

North Dakota Law, Rob Carolin

North Dakota Law

Alumni Magazine of the University of North Dakota School of Law

The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton

The Journal of Appellate Practice and Process

No abstract provided.

A Sober Second Thought, Andrew H. Schapiro

The Journal of Appellate Practice and Process

No abstract provided.

The Abyss Of Racism, J. Thomas Sullivan

The Journal of Appellate Practice and Process

No abstract provided.

Derrick Bell: Godfather Provocateur, André Douglas Pond Cummings

Law Faculty Scholarship

Professor Derrick Bell, the originator and founder of Critical Race Theory, passed away on October 5, 2011 at the age of 80. Around the world he is considered a hero, mentor, friend and exemplar. Known as a creative innovator and agitator, Professor Bell often sacrificed his career in the name of principles and objectives, inspiring a generation of scholars of color and progressive lawyers everywhere. Bell resigned a tenured position on the Harvard Law School faculty to protest Harvard’s refusal to hire and tenure women of color onto its law school faculty. For the past twenty years, Professor Bell taught …

The Folly - And Faith - Of Furman, John H. Blume, Sheri Lynn Johnson

The Journal of Appellate Practice and Process

No abstract provided.

Extralegal Punishment Factors: A Study Of Forgiveness, Hardship, Good Deeds, Apology, Remorse, And Other Such Discretionary Factors In Assessing Criminal Punishment, Paul H. Robinson, Sean E. Jackowitz, Daniel M. Bartels

Vanderbilt Law Review

The criminal law's formal criteria for assessing punishment are typically contained in criminal codes, the rules of which fix an offender's liability and the grade of the offense. Those rules classically look to an offender's blameworthiness, taking account of both the seriousness of the harm or the evil of the offense and an offender's culpability and mental capacity. Courts generally examine these desert-based factors as they exist at the time of the offense. To some extent, modern crime-control theory sometimes prompts code drafters to look at circumstances beyond the offense itself, such as prior criminal record, on the grounds that …

Cost As A Sentencing Factor: Missouri's Experiment, Chad Flanders

Missouri Law Review

This argument is avowedly theoretical and normative. That is, this Article tries to determine what judges ought to do, not what they in fact do. Judges and attorneys may argue cost at sentencing hearings, and many of them do. That does not mean that they should be debating cost or basing sentencing decisions on it. I also am not concerned about whether, pragmatically, letting judges figure cost into their decisions might be a good thing overall, because it might lead to lower sentences. I put these concerns to one side, important as they may be as a practical matter. Instead, …

Getting Away With Murder (Most Of The Time): Civil War Era Homicide Cases In Boone County, Missouri, Frank O. Bowman Iii.

Missouri Law Review

On March 4, 1851, at the State University in Columbia, Missouri, there occurred one of those incidents that from time to time break up the stately progress of the academic year. It seems that young George Clarkson got in a brawl with a fellow student. Upon hearing of this unseemly affair, the faculty convened and docked each of the combatants fifty marks. Professor Robert Grant, coming late to the meeting, encountered Clarkson on the steps and asked how the matter had been resolved. Clarkson replied, "I am very well satisfied but I will give him a whipping yet."' Divining from …

Easing The Tension Between Statutes Of Limitations And The Continuing Offense Doctrine, Jeffrey R. Boles

Northwestern Journal of Law & Social Policy

This Article is the first to analyze comprehensively the relationship between the continuing offense doctrine and criminal statutes of limitations. The continuing offense doctrine is a powerful tool for prosecutors who face statute of limitations challenges. It functions to delay the running of statutes of limitations for certain crimes by postponing the completion of those crimes. In order to trigger the operation of the doctrine, a court must conclude that a particular crime is a “continuing offense” for statute of limitations purposes. Identifying what crimes are continuing offenses has been a problematic exercise for federal courts, leading to a growing …

High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz

Northwestern Journal of Law & Social Policy

Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …

Voices Raised, Issue 36, University Of Dayton. Women's Center

Women’s Center Newsletter

Included in this issue: Sexual Assault- A Secret and Hidden Crime; Relay for Life; Mentoring Program; Comadres of El Salvador; WGS grants winners; Being Worth Your Weight; Date Rape Drugs; I am a feminist because…; Who says, “UD’s not an ‘activist campus’"?

A New Moral Socialization Model: Wrongfulness And Legal Atitutde As Mediators In Predicting Adolescent Rule-Violating Behavior, Kristen M. Williams

Honors Theses and Capstones

One of the most baffling questions in delinquency literature is why some adolescents engage in these rule-violating behaviors while others refrain. Some researchers have found support for a link between moral reasoning and rule-violating behaviors (Blasi, 1980). The legal socialization model includes legal attitudes as the mediator between the two (Cohn, Bucolo, Rebellon & Van Gundy, 2010). In the current two studies, the researchers tested a moral socialization model with wrongfulness and approval as mediators based on data from middle and high school students as well as college students. In the first study, the model was tested longitudinally with middle …

An Anti-Bullying Program In Review, Jane M. Vega

Professional Projects

This project will focus on one parochial Catholic elementary (K4-8) school that implemented the Olweus Bullying Prevention Program (OBPP) over four years ago. This qualitative research examines the impact that support or lack of support had on the program outcomes. The study will provide research on the OBPP along with various, alternative anti-bullying programs, efficacy of the anti-bullying program, and review the school community awareness of the OBPP. The research participants are administrators, faculty, staff, parents and community’s members who directly affect the Olweus Bullying Prevention program.

Alumni Journal, Rick Burton, Brian Spector, Brian Hudgins, Christine Yackel, Sarah Jane Capper, David Marc, Renee Gearhart Levy, Dave Wieczorek

Syracuse University Magazine

No abstract provided.

Moral Judgments & International Crimes: The Disutility Of Desert, Andrew K. Woods

Law Faculty Scholarly Articles

The international criminal regime exhibits many retributive features, but scholars and practitioners rarely defend the regime in purely retributive terms—that is, by reference to the inherent value of punishing the guilty. Instead, they defend it on the consequentialist grounds that it produces the best policy outcomes, such as deterrence, conflict resolution, and reconciliation. These scholars and practitioners implicitly adopt a behavioral theory known as the "utility of desert," a theory about the usefulness of appealing to people's retributive intuitions. That theory has been critically examined in domestic criminal scholarship but practically ignored in international criminal law.

This Article fills this …

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

UCF Cocoa & Palm Bay Newsletter

This is the Spring 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.

• Palm Bay Psychology students placed at the UCF Showcase of Undergraduate Research
• Brevard Community College was presented with the University of Central Florida Partnership Award for their joint effort with WUCF, region’s primary public broadcasting channel
• Al Davis, Business Services Office Manager, was recognized as the UCF April Employee of the Month
• 21 faculty and staff members attended the Diversity Certificate Series …

What's Love Got To Do With It: Securing Access To Justice For Teens, Lisa V. Martin

Faculty Publications

During the past 15 years, researchers have documented the pervasiveness, severity, and lasting impact of dating violence on American adolescents. Studies also have shown teens to be firmly resistant to disclosing abuse to adults. Nonetheless, civil protection orders - the civil legal remedy most commonly relied upon to redress intimate partner violence in adult relationships - often remain inaccessible to abused teens. State protection order statutes exclude teens from their protections by restricting rights to standing by age and the relationship between the parties. When states grant teens standing, they often deter teens from pursuing the protections extended to them …