Digital Commons Network^™

The Brave New World Of Lawyers In Japan Revisited: Proceedings Of A Panel Discussion On The Japanese Legal Profession After The 2008 Financial Crisis And The 2011 Tōhuku Earthquake, Bruce E. Aronson

Washington International Law Journal

In the United States, the 2008 financial crisis had a serious impact on a legal profession that had been growing strongly for three decades, highlighting fundamental issues concerning the business and educational models of both law firms and law schools. This raises the interesting question of how Japan, with its much shorter history of large law firms and professional law schools, has been affected by the 2008 financial crisis and the 2011 Tōhoku earthquake, tsunami, and nuclear reactor crisis. At a recent conference sponsored by the University of Washington School of Law and the law firm of Perkins Coie, a …

On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

In The Illusion of Free Markets (Harvard 2011), Professor Bernard Harcourt analyzes the evolution of a distinctly American paradox: in the country that has done the most to promote the idea of a hands-off government, we run the single largest prison complex in the entire world. Harcourt traces this paradox back to the eighteenth century and demonstrates how the presumption of government incompetence in economic affairs has been coupled with that of government legitimacy in the realm of policing and punishing. Harcourt shows how these linked presumptions have fueled the expansion of the carceral sphere in the nineteenth and twentieth …

Foster Youth And Post-Secondary Education: A Study Of The Barriers And Supports That Led To Academic Achievement, Brenda Morton

Doctor of Education (EdD)

The purpose of this qualitative research study was to explore the perceptions of former and current foster youth on the barriers, supports, helps and strategies they encountered during their K-12 education, and to learn how these contributed to their ability to enroll in post-secondary education. The study included in-depth interviews of 11 participants, all of whom were current or former foster youth who were enrolled or had plans to enroll in a community college or four-year university. These in-depth interviews were audio recorded and transcribed. The data was first coded by topics and then grouped into themes. The results of …

Can Social Science Defeat A Legal Fiction? Challenging Unlawful Stops Under The Fourth Amendment, Josephine Ross

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Preliminary Report On Race And Washington's Criminal Justice System, Research Working Group, Task Force On Race And The Criminal Justice System

Washington Law Review

We are pleased to present the Preliminary Report on Race and Washington’s Criminal Justice System, authored by the Research Working Group of the Task Force on Race and the Criminal Justice System. The Research Working Group’s mandate was to investigate disproportionalities in the criminal justice system and, where disproportionalities existed, to investigate possible causes. This factbased inquiry was designed to serve as a basis for making recommendations for changes to promote fairness, reduce disparity, ensure legitimate public safety objectives, and instill public confidence in our criminal justice system. The Task Force came into being after a group of us …

Choosing Punishment, Miriam H. Baer

Faculty Scholarship

No abstract provided.

Transcript From Faculty Senate Meeting March 1, 2012, Frank Bove

The University of Akron Faculty Senate Chronicle

Transcript from the March 1, 2012 Senate Meeting

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

The University of New Hampshire Law Review

[Excerpt] “The prosecution must prove every element of the crime beyond a reasonable doubt for a valid conviction. The Constitution nowhere explicitly contains this requirement, but the Supreme Court in In re Winship1 stated that due process commands it. Justice Brennan, writing for the Court, noted that the Court had often assumed that the standard existed, that it played a central role in American criminal justice by lessening the chances of mistaken convictions, and that it was essential for instilling community respect in criminal enforcement. The reasonable doubt standard is fundamental because it makes guilty verdicts more difficult. As Winship …

The Problem Of Policing, Rachel A. Harmon

Michigan Law Review

The legal problem of policing is how to regulate police authority to permit officers to enforce law while also protecting individual liberty and minimizing the social costs the police impose. Courts and commentators have largely treated the problem of policing as limited to preventing violations of constitutional rights and its solution as the judicial definition and enforcement of those rights. But constitutional law and courts alone are necessarily inadequate to regulate the police. Constitutional law does not protect important interests below the constitutional threshold or effectively address the distributional impacts of law enforcement activities. Nor can the judiciary adequately assess …

Eyewitnesses And Exclusion, Brandon L. Garrett

Vanderbilt Law Review

The dramatic moment when an eyewitness takes the stand and points to the defendant in the courtroom can be pivotal in a criminal trial. That piece of theater, however compelling to jurors, is staged: it is obvious where the defendant is sitting, and, importantly, the memory of the eyewitness should have been tested before trial using photo arrays or lineups. Such courtroom displays have been accepted for so long that their role in the U.S. Supreme Court's due process jurisprudence regulating eyewitness identifications has been neglected. The due process test that regulates tens of thousands of eyewitness identifications each year …

Note – Exposing Misconduct: Fixing The California Supreme Court’S Limitation Of Post-Conviction Discovery, Jasmine Berndt

UC Law Journal

Following the Los Angeles Rampart Scandal, a concerned California legislature created post-conviction procedures intended to help wrongfully convicted people challenge convictions resulting from government misconduct. One of these mechanisms was California Penal Code section 1054.9, which allowed defendantpetitioners attacking sentences of death or life without parole to discover evidence to which they would have been entitled at trial upon a minimal showing. After years of broadly interpreting the statute, the California Supreme Court reversed direction with its decision in Barnett v. Superior Court, where it created a new hurdle for those seeking discovery: Defendant-petitioners must now show a reasonable basis …

Standing With Students: An Exploration Of Educational Inequality, Grace Hurner

Social Sciences

No abstract provided.

The "Flesh And Blood" Defense, James Erickson Evans

William & Mary Law Review

No abstract provided.

The Strange And Curious History Of The Law Used To Prosecute Adolf Eichmann, Michael J. Bazyler, Julia Y. Scheppach

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Criminalization Of Immigration: Value Conflicts For The Social Work Profession, Rich Furman, Alissa R. Ackerman, Melody Loya, Susanna Jones, Nalini Negi

The Journal of Sociology & Social Welfare

This article examines the impact of the criminalization of immigration on non-documented immigrants and the profession of social work. To meet its aims, the article explores the new realities for undocumented immigrants within the context of globalization. It then assesses the criminal justice and homeland security responses to undocumented immigrants, also referred to as the criminalization of immigration. It subsequently explores the ethical dilemmas and value discrepancies for social workers that are implicated in some of these responses. Finally, it presents implications for social workers and the social work profession.

Regrouping America: Immigration Policies And The Reduction Of Prejudice, Fatma E. Marouf

Faculty Scholarship

Since concerns about cohesion based on race and based on immigration tend to go hand in hand, immigration scholars have long noted the need to take them seriously. This Article contributes to an emerging body of scholarship related to the integration of immigrants by examining how current immigration policies deepen or diminish social divides and presenting a framework for analyzing proposed immigration reforms in terms of their impact on social cohesion. Specifically, the Article draws on social psychological research regarding the relationship between social categorization and intergroup relations to propose a method for analyzing how immigration reforms might impact intergroup …

The Inkwell, Armstrong Atlantic State University

The Inkwell

No abstract provided.

Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad

San Diego International Law Journal

This Article deals with the theory and practice of sovereignty from the perspective of a trend in theoretical perspectives as well as the relevant trend in practice. The Article provides a survey of the leading thinkers’ and philosophers’ views on the nature and importance of sovereignty. The concept of sovereignty is exceedingly complex. Unpacking its meanings and uses over time is challenging. An aspect of this challenge is that the discourse about sovereignty is vibrant among diverse policy, academic, and political constituencies. At times, its narratives are relatively discrete and at other times, the narratives overlap with the discourses from …

2012 Quality Of Life Study - Orleans And Jefferson Parishes, Edward E. Chervernak, Bogdan Mihoc

Survey Research Center Publications

The UNO Survey Research Center began its Quality of Life series in 1986. Since then the quality of life and government services in Jefferson and Orleans parishes has been assessed every other year. The current 2012 survey is the sixteenth in the series, and in this report we pay particular attention to changes in both parishes that have occurred over the last two to ten years.

The 2012 study is a return to the more conventional examination of quality of life in the region. The focus of the study changed immediately after Katrina to identify the key problems and difficulties …

Sham Of The Moral Court? Testimony Sold As The Spoils Of War, Mark Findlay, Sylvia Ngane

Research Collection Yong Pung How School Of Law

This paper analyses the critical influences on witness-based truth-telling for judicial decision-making in the international criminal tribunals. The judicial fixation on witness testimony reflects the weight and legitimacy given to personal testimony before international courts. This weight must be balanced by the awareness that a witness may provide false testimony intentionally, or may be coaxed by third parties to provide such testimony, as has been evidenced recently before the ICC. If witness testimony is tainted then its capacity to endorse the truth-finding function of the court is compromised. As a consequence the ability to assert that the tribunal is a …

Policing, Popular Culture And Political Economy: Towards A Social Democratic Criminology [Book Review], Mark Findlay

Research Collection Yong Pung How School Of Law

No abstract provided.

School Crime Has Declined Sharply Since The 1990'S, Jeffrey A. Butts

Publications and Research

Between 1994 to 2010, the rate of violent victimizations at American schools dropped, with a sharp fall after 1994. This databit looks at property and violent crimes in schools from the early 1990s to 2010.

Identifying Traffic Safety Needs – A Systematic Approach: Research Report And User Manual, Andrew P. Tarko, Shafiul Md Azam, Jose Thomaz, Mario Romero

JTRP Technical Reports

The Indiana Department of Transportation (INDOT) manages road safety in Indiana through safety emphasis areas, identification of safety needs within these areas, and development and implementation of transportation interventions that address the safety needs. Indiana applies system-wide performance screening to state roads using the somewhat limited, non-integrated tools available to date. A site-specific countermeasure development and evaluation process (scoring) is being used to determine essential project intent and merit or cost-effectiveness. This projects addresses the need for a unifying approach to data-driven identification of safety emphasis areas and safety improvement projects via a systematic evaluation of safety needs in the …

Beyond The Crossroads: Shackled By Liberty, Tyrannized By Equality (Book Review: Slouching Towards Gomorrah), Alan L. Button

Campbell Law Review

Review of SLOUCHING TOWARDS GOMORRAH by Robert Bork

The Increased Use Of "Reconciliation" In Criminal Cases In Central Asia: A Sign Of Restorative Justice, Reform Or Cause For Concern?, Cynthia Alkon

Pepperdine Dispute Resolution Law Journal

Reconciliation, defined in Section VI below, provides the most common alternative to criminal prosecutions in Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan. This article attempts to define and describe the different forms of reconciliation processes in these Central Asian countries. Section IV briefly examines the history, economies, governments, and legal systems including an outline of the criminal procedure of each country. For comparative purposes, Section V briefly examines the development of alternatives to criminal prosecution (generally known as restorative justice) in western nations, by considering the proponents for change, the underlying core values and ethical guidelines, and the types of cases that …

Public Hearing Transcripts - Thematic - Prisons And Detention Centres - Rtjrc29.02 (Nhif Auditorium) (Prisons And Detention Centres), Truth, Justice, And Reconciliation Commission

I. Core TJRC Related Documents

No abstract provided.

The Causes And Effects Of Get Tough: A Look At How Tough-On-Crime Policies Rose To The Agenda And An Examination Of Their Effects On Prison Populations And Crime, Cheyenne Morales Harty

USF Tampa Graduate Theses and Dissertations

The paper analyzes the rise of get-tough crime legislation to the American public policy agenda and examines the effects of these policies on crime and inmate populations. Get-tough policies analyzed include sentencing reform, the War on Drugs and collateral consequences. Because there is no empirical literature on the effect of collateral consequences on crime, the paper employed an OLS regression model partly derived from institutional anomie theory to test for criminogenic effects. The study then employed OLS regression analysis to determine the affect of these independent variables on crime rates in each of the 50 states. The study concluded that …

Citation Help In Databases: The More Things Change, The More They Stay The Same, Mary Van Ullen, Jane Kessler

University Libraries Faculty Scholarship

In 2005 the authors reviewed citation help in databases and found an error rate of 4.4 errors per citation. This article describes a follow-up study which revealed a modest improvement in the error rate to 3.4 errors per citation, still unacceptably high. The most problematic area was retrieval statements. The authors conclude that librarians should include citation features in the evaluation of databases, and should open a dialogue with vendors about the importance of providing accurate, reliable information about citations to students.

Dedication: Professor Richard L. Braun, President Norman A. Wiggins, David R. Guin

Campbell Law Review

No abstract provided.

The Daily Gamecock, Tuesday, February 28, 2012, University Of South Carolina, Office Of Student Media

February

No abstract provided.