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2012

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False Justice And The “True” Prosecutor: A Memoir, Tribute, And Commentary, Mark A. Godsey Jan 2012

False Justice And The “True” Prosecutor: A Memoir, Tribute, And Commentary, Mark A. Godsey

Faculty Articles and Other Publications

This article is a review of False Justice: Eight Myths that Convict the Innocent by Jim and Nancy Petro. But this article is also a memoir, in that I tell the story, from my own perspective as Director of the Ohio Innocence Project, of how I have watched Jim Petro go from prosecutor and elected Attorney General of Ohio to a leading champion of the wrongfully convicted across the nation. The article is also a commentary in that, along the way, I address what makes Jim Petro so different from many prosecutors in this country. In this respect, I discuss …


G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore Jan 2012

G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore

Faculty Articles and Other Publications

With the approach of the fiftieth anniversary of Gideon v. Wainwright, Matthew Adler's continuous prioritarian social welfare economic theory provides an interesting new resource for advocates of public defense reform. Adler argues for a moral decision-making procedure in large-scale policy settings that prioritizes the interests of the less well-off. This essay identifies some key steps in Adler's analysis, highlights several avenues for critique and further development of his arguments, and begins to explore the doctrinal development of the right to counsel as an instantiation of his inequality-averse approach to moral decision-making.


Virginia Commonwealth University Undergraduate Bulletin [2012], Virginia Commonwealth University Jan 2012

Virginia Commonwealth University Undergraduate Bulletin [2012], Virginia Commonwealth University

VCU Bulletins

Undergraduate bulletin for Virginia Commonwealth University for the academic year 2012-2013. It includes information on academic regulations, degree requirements, course offerings, faculty, academic calendar, and tuition and expenses for undergraduate programs.


Berghuis V. Thompkins: Retreat From Miranda, Jacquline Grossi Jan 2012

Berghuis V. Thompkins: Retreat From Miranda, Jacquline Grossi

Barry Law Review

No abstract provided.


United States V. Klein, Then And Now, Gordon G. Young Jan 2012

United States V. Klein, Then And Now, Gordon G. Young

Loyola University Chicago Law Journal

United States v. Klein, decided during Reconstruction, was the first U.S. Supreme Court case to invalidate a statutory restriction on federal courts’ jurisdiction. It is the only case to do so by finding a violation of Article III of the Constitution. Klein has been cited in thirty-three U.S. Supreme Court opinions and roughly five hundred times each by lower federal courts and law journal articles. Recent commentators have read Klein both too broadly and narrowly. Its central holding is that Congress may not grant federal courts jurisdiction to decide a set of cases on the merits while depriving them …


The Right To Counsel Denied: Confusing The Roles Of Lawyers And Guardians, Alberto Bernabe Jan 2012

The Right To Counsel Denied: Confusing The Roles Of Lawyers And Guardians, Alberto Bernabe

Loyola University Chicago Law Journal

No abstract provided.


New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, Timothy P. O'Neill Jan 2012

New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, Timothy P. O'Neill

Loyola University Chicago Law Journal

No abstract provided.


Bad News For Everybody: Lawson And Kopel On Health Care Reform And Originalism, Andrew M. Koppelman Jan 2012

Bad News For Everybody: Lawson And Kopel On Health Care Reform And Originalism, Andrew M. Koppelman

Faculty Working Papers

Gary Lawson & David Kopel's Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate argues, on the basis of recent research, that the Necessary and Proper Clause incorporates norms from eighteenth-century agency law, administrative law, and corporate law, and that the mandate (and perhaps much else in the U.S. Code, though they are coy about this) violates those norms. The Necessary and Proper Clause, as they understand it, tightly limits the scope of implied powers. These claims are obscure even on their own terms. It is mysterious how we are to know whether the power to impose …


The Value Of Valor: Money, Medals, And Military Labor, Mateo Taussig-Rubbo Jan 2012

The Value Of Valor: Money, Medals, And Military Labor, Mateo Taussig-Rubbo

North Dakota Law Review

No abstract provided.


An American Concept With Distinctly Chinese Characteristics: The Introduction Of The Civil Protection Order In China, Robin R. Runge Jan 2012

An American Concept With Distinctly Chinese Characteristics: The Introduction Of The Civil Protection Order In China, Robin R. Runge

North Dakota Law Review

No abstract provided.


Reducing Courts’ Failure-To-Appear Rate By Written Reminders, Brian H. Bornstein, Alan J. Tomkins, Elizabeth M. Neeley, Mitchel N. Herian, Joseph A. Hamm Jan 2012

Reducing Courts’ Failure-To-Appear Rate By Written Reminders, Brian H. Bornstein, Alan J. Tomkins, Elizabeth M. Neeley, Mitchel N. Herian, Joseph A. Hamm

Alan Tomkins Publications

This article examines the effectiveness of using different kinds of written reminders to reduce misdemeanor defendants’ failure-to-appear (FTA) rates. A subset of defendants was surveyed after their scheduled court date to assess their perceptions of procedural justice and trust and confidence in the courts. Reminders reduced FTA overall, and more substantive reminders (e.g., with information on the negative consequences of FTA) were more effective than a simple reminder. FTA varied depending on several offense and offender characteristics, such as geographic location (urban vs. rural), type of offense, and number of offenses. The reminders were somewhat more effective for Whites and …


Notable Bills Of The 2012 General Assembly Jan 2012

Notable Bills Of The 2012 General Assembly

Richmond Journal of Law and the Public Interest

House and Senate Bills during the 2012 General Assembly


What's Terrorism Got To Do With It? The Perils Of Prosecutorial Misuse Of Terrorism Offenses, Michal Buchhandler-Raphael Jan 2012

What's Terrorism Got To Do With It? The Perils Of Prosecutorial Misuse Of Terrorism Offenses, Michal Buchhandler-Raphael

Florida State University Law Review

No abstract provided.


Critical Pedagogy In Criminal Justice Higher Education: A Liberative Paradigm, Alyson Kershaw Jan 2012

Critical Pedagogy In Criminal Justice Higher Education: A Liberative Paradigm, Alyson Kershaw

Online Theses and Dissertations

The traditional model of education focuses on the preservation of the status quo that prevents students from the ability to think critically about their world. This has the potential to produce constraints as students not only become criminal justice practitioners, but also engaged members of society. The traditional model is particularly problematic in the criminal justice field due to the potential harms that can result. In an effort to contest the traditional model of education, a number of scholars including Paulo Freire and Henry Giroux advocate for a critical pedagogical model that liberates individuals from oppressive constraints in the education …


The Captive Mind: Antipsychotics As Chemical Restraint In Juvenile Detention, Ashley A. Norton Jan 2012

The Captive Mind: Antipsychotics As Chemical Restraint In Juvenile Detention, Ashley A. Norton

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Administering Justice: Removing Statutory Barriers To Reentry, Joy Radice Jan 2012

Administering Justice: Removing Statutory Barriers To Reentry, Joy Radice

Scholarly Works

After years of swelling prison populations, the reentry into society of people with criminal convictions has become a central criminal justice issue. Scholars, advocates, judges, and lawmakers have repeatedly emphasized that, even after prison, punishment continues from severe civil penalties that are imposed by federal and state statutes on anyone with a conviction. To alleviate the impact of these punishments, they have increasingly endorsed state legislation that creates certificates of rehabilitation. Seven states offer these post- conviction certificates, and six others proposed such legislation in 2011. Many look to New York’s statute as the best model because it is the …


California Initiative Review October 2012: Initiatives At A Glance, University Of The Pacific, Mcgeorge School Of Law Jan 2012

California Initiative Review October 2012: Initiatives At A Glance, University Of The Pacific, Mcgeorge School Of Law

California Initiative Review (CIR)

No abstract provided.


The Global Impact And Implementation Of Human Rights Norms Introduction, Linda Carter Jan 2012

The Global Impact And Implementation Of Human Rights Norms Introduction, Linda Carter

Global Business & Development Law Journal

No abstract provided.


Distinguished Jurist Panel: Insights And Perspectives On The History And Development Of Human Rights Norms, Richard Goldstone, Fausto Pocar, Linda Carter Jan 2012

Distinguished Jurist Panel: Insights And Perspectives On The History And Development Of Human Rights Norms, Richard Goldstone, Fausto Pocar, Linda Carter

Global Business & Development Law Journal

No abstract provided.


Targeted Killing At A Distance: Robotics And Self-Defense, Wayne Mccormack Jan 2012

Targeted Killing At A Distance: Robotics And Self-Defense, Wayne Mccormack

Global Business & Development Law Journal

No abstract provided.


Case Studies And The Classroom: Enriching The Study Of Law Through Real Client Stories, Michael Millemann Jan 2012

Case Studies And The Classroom: Enriching The Study Of Law Through Real Client Stories, Michael Millemann

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Owl Creek Study: Nutrition, Food Security, And Health Among 5-7th Grade Students, Kevin Fitzpatrick Jan 2012

Owl Creek Study: Nutrition, Food Security, And Health Among 5-7th Grade Students, Kevin Fitzpatrick

Food Insecurity

Provides a comprehensive overview of a number of health-related issues facing middle school students in the Fayetteville Schools. The report highlights responses from 334 5th-7th grade students and 174 parents who responded to a parent survey.


Investment Opportunity In Mass Incarceration: A Black (Corrections) Or Brown (Immigration) Play?, Geiza Vargas-Vargas Jan 2012

Investment Opportunity In Mass Incarceration: A Black (Corrections) Or Brown (Immigration) Play?, Geiza Vargas-Vargas

California Western Law Review

No abstract provided.


Preplea Disclosure Of Impeachment Evidence, Bennett L. Gershman Jan 2012

Preplea Disclosure Of Impeachment Evidence, Bennett L. Gershman

Vanderbilt Law Review

No abstract provided.


The Physics Of School Culture: Unleashing Student Voice In The Quest For School Improvement, Henry Elizarraraz Yzaguirre Jan 2012

The Physics Of School Culture: Unleashing Student Voice In The Quest For School Improvement, Henry Elizarraraz Yzaguirre

Theses Digitization Project

The purpose of this ethnographic study is to examine the lived experiences of students attending a predominately Latino urban high school in the southwest region of the United States, using interviews, focus groups, and observations to gain an insight on student engagement and disengagement from school. Riverview High School was selected as the prime site for exploring student engagement based mainly on the poor student population of color, low school retention rate, and high suspension rate. Three focus groups were identified of about 6 students each for a total of eighteen 11th grade students. Each focus group was digitally recorded …


Identity Theft: A Problem Of Complex Systems Or Moral Panic?, Matthew Timothy Tracy Jan 2012

Identity Theft: A Problem Of Complex Systems Or Moral Panic?, Matthew Timothy Tracy

Theses Digitization Project

The purpose of this project showed that identity theft can take on many forms including the theft of bank account numbers, photo ID's, drivers licenses, social security numbers, or credit card numbers. This problem deserves more attention and research than it is currently receiving. Some people view identity theft as an unstoppable crime.


Clients' Perceptions Of Protective And Risk Factors Influencing Substance Abuse Recovery, Bev Nora-Lea Scott Jan 2012

Clients' Perceptions Of Protective And Risk Factors Influencing Substance Abuse Recovery, Bev Nora-Lea Scott

Theses Digitization Project

The purpose of this study was to identify client perceptions of protective and risk factors that might influence recovery from substance abuse. Fifty clients in an outpatient drug treatment program in San Bernardino, California completed a survey containing both multiple choice and open-ended questions related to protective and risk factors the literature suggested might be related to recovery.


Defying Victimhood: Women As Activists And Peacebuilders, Anara Tabyshalieva, Albrecht Schnabel Jan 2012

Defying Victimhood: Women As Activists And Peacebuilders, Anara Tabyshalieva, Albrecht Schnabel

History Faculty Research

We provide evidence in support of the growing understanding at international, national and local levels that while – and because – women are disproportionately affected by war, they can be powerful agents of positive and sustainable change if brought on board and given the chance to participate in every aspect of a society’s peacebuilding process.


The University Of Texas Of The Permian Basin Graduate Studies Catalog 2012-2014, The University Of Texas Of The Permian Basin Jan 2012

The University Of Texas Of The Permian Basin Graduate Studies Catalog 2012-2014, The University Of Texas Of The Permian Basin

Course Catalogs

No abstract provided.


Neocolonialism And The Global Prison In National Geographic's Locked Up Abroad, Casey R. Kelly Jan 2012

Neocolonialism And The Global Prison In National Geographic's Locked Up Abroad, Casey R. Kelly

Scholarship and Professional Work - Communication

This essay examines the reformulation of colonial ideologies in National Geographic Channel's Locked Up Abroad, a documentary program that chronicles the narratives of Westerner travelers incarcerated in foreign nations. An analysis of Locked Up Abroad evinces neocolonialism in contemporary media culture, including: the historic association between dark-skin and savagery, the backwardness of the non-Western world, and the Western imperative to civilize it. The program's documentary techniques and framing devises sustain an Otherizing gaze toward non-Western societies, and its portrayals elide a critical analysis of colonialism in its present forms. I advocate for neocolonial criticism to trace how NatGeo remains haunted …