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2012

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Proving Medical Child Abuse: The Time Is Now For Ohio To Focus On The Victim And Not The Abuser, Tiffany S. Allison Jan 2012

Proving Medical Child Abuse: The Time Is Now For Ohio To Focus On The Victim And Not The Abuser, Tiffany S. Allison

Journal of Law and Health

Part I of this Note will discuss the history of Munchausen's Syndrome by Proxy and how the medical community is trying to make the general public aware of medical child abuse. Part II provides a history of Munchausen's Syndrome by Proxy and medical child abuse. It also highlights the differences in how litigation was previously handled under the nomenclature of Munchausen's Syndrome by Proxy and how litigation should be handled in the future under the nomenclature of medical child abuse. Part III identifies Ohio's current statutes and federal legislation that have an effect on child abuse. Part III also identifies …


Sustaining Privacy And Open Justice In The Transition To Online Court Records: A Multidisciplinary Inquiry, Amanda Conley, Anupam Datta Jan 2012

Sustaining Privacy And Open Justice In The Transition To Online Court Records: A Multidisciplinary Inquiry, Amanda Conley, Anupam Datta

Maryland Law Review

No abstract provided.


Solving The Good-Time Puzzle: Why Following The Rules Should Get You Out Of Prison Early, Michael M. O'Hear Jan 2012

Solving The Good-Time Puzzle: Why Following The Rules Should Get You Out Of Prison Early, Michael M. O'Hear

Faculty Publications

Good-time programs have long been an important part of the American penal landscape. At least twenty-nine states and the federal government currently offer prison inmates early release, sometimes by many years, in return for good behavior.

Written a generation ago, the leading scholarly article on the subject presented a strong case against good time, which has yet to be effectively addressed. Although good time is traditionally justified by reference to its usefulness in deterring inmate misconduct — credits can be denied or withdrawn as a penalty for violations of prison rules — the article questioned how it could possibly be …


Not So Sweet: Questions Raised By Sixteen Years Of The Plra And Aedpa, Michael M. O'Hear Jan 2012

Not So Sweet: Questions Raised By Sixteen Years Of The Plra And Aedpa, Michael M. O'Hear

Faculty Publications

No abstract provided.


The Great Recession And Its Implications For Community Policing, Matthew J. Parlow Jan 2012

The Great Recession And Its Implications For Community Policing, Matthew J. Parlow

Faculty Publications

During the last twenty years, community policing has been the dominant approach to local law enforcement. Community policing is based, in part, on the broken windows theory of public safety. The broken windows theory suggests a link between low-level crime and violent crime — that is, if minor offenses are allowed to pervade a community, they will lead to a proliferation of crime and, ultimately, a community plagued by violent crime. To maintain a perception of community orderliness, many local governments adopted “order maintenance” laws — such as panhandling ordinances and anti-homeless statutes. This emphasis on cracking down on such …


Bypassing Habeas: The Right To Effective Assistance Requires Earlier Supreme Court Intervention In Cases Of Attorney Incompetence, Michael M. O'Hear Jan 2012

Bypassing Habeas: The Right To Effective Assistance Requires Earlier Supreme Court Intervention In Cases Of Attorney Incompetence, Michael M. O'Hear

Faculty Publications

No abstract provided.


Domestic Violence 2010-2012 Statistics, Tennessee. Bureau Of Investigation Jan 2012

Domestic Violence 2010-2012 Statistics, Tennessee. Bureau Of Investigation

Domestic Violence

This document contains statistics concerning domestic violence as collected by TBI's TIBRS.


School Crimes Report 2012, Tennessee. Bureau Of Investigation Jan 2012

School Crimes Report 2012, Tennessee. Bureau Of Investigation

School Crime

This study presents the nature, volume, and extent of reported crimes on school campuses, excluding colleges and universities.


The Phenomenology Of The Non-Sharing Environment Within The Law Enforcement Community After 9/11: An Empirical Investigation, Frank T. Whitehurst Jan 2012

The Phenomenology Of The Non-Sharing Environment Within The Law Enforcement Community After 9/11: An Empirical Investigation, Frank T. Whitehurst

Contemporary Issues in Juvenile Justice

No abstract provided.


The Border Of Juveniles And Criminal Justice, Vicki Ann Mellenberger Jan 2012

The Border Of Juveniles And Criminal Justice, Vicki Ann Mellenberger

Contemporary Issues in Juvenile Justice

No abstract provided.


An Examination Of The Code Of The Street In The Most Popular Rap Lyrics 2001-2009, Julian Scott, Camille Gibson Jan 2012

An Examination Of The Code Of The Street In The Most Popular Rap Lyrics 2001-2009, Julian Scott, Camille Gibson

Contemporary Issues in Juvenile Justice

No abstract provided.


Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making, Robert D. Dinerstein Jan 2012

Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making, Robert D. Dinerstein

Human Rights Brief

No abstract provided.


Egypt’S Protracted Revolution, Sahar F. Aziz Jan 2012

Egypt’S Protracted Revolution, Sahar F. Aziz

Human Rights Brief

No abstract provided.


Center News/Faculty And Staff Updates, Human Rights Brief Jan 2012

Center News/Faculty And Staff Updates, Human Rights Brief

Human Rights Brief

No abstract provided.


Human Rights In The United States: Legal Aid Alleges That Denying Access To Migrant Labor Camps Is A Violation Of The Human Right To Access Justice, Reena K. Shah, Lauren E. Bartlett Jan 2012

Human Rights In The United States: Legal Aid Alleges That Denying Access To Migrant Labor Camps Is A Violation Of The Human Right To Access Justice, Reena K. Shah, Lauren E. Bartlett

Human Rights Brief

No abstract provided.


Center News And Faculty Updates, Human Rights Brief Jan 2012

Center News And Faculty Updates, Human Rights Brief

Human Rights Brief

No abstract provided.


Faa Law, Without The Activism: What If The Bellwether Cases Were Decided By A Truly Conservative Court, Richard C. Reuben Jan 2012

Faa Law, Without The Activism: What If The Bellwether Cases Were Decided By A Truly Conservative Court, Richard C. Reuben

Faculty Publications

The U.S. Supreme Court has decided an extraordinary number of cases under the Federal Arbitration Act in the last half century, a pattern that continues today at the pace of a case or two a year. During this time, Republican presidential candidates have made much political hay out of the Supreme Court, running against the Warren Court’s “liberal activism” by promising to appoint judges who would decide cases more conservatively. In this article, I analyze whether this promise has been fulfilled in the context of the Supreme Court’s FAA jurisprudence by identifying the core principles of judicial conservatism – restraint, …


Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera Jan 2012

Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera

Faculty Scholarship

No abstract provided.


Taking Confrontation Seriously Does Crawford Mean That Confessions Must Be Crossexamined, Mark A. Summers Jan 2012

Taking Confrontation Seriously Does Crawford Mean That Confessions Must Be Crossexamined, Mark A. Summers

Faculty Scholarship

No abstract provided.


A Saving Grace - The Impact Of The Fostering Connections To Success And Increasing Adoptions Act On America's Older Foster Youth, May Shin Jan 2012

A Saving Grace - The Impact Of The Fostering Connections To Success And Increasing Adoptions Act On America's Older Foster Youth, May Shin

UC Law Journal of Race and Economic Justice

This note examines the struggles of youths who must leave state foster care systems (called "aging out" of foster care) upon turning eighteen years old. Thousands of young people age out of foster care systems each year. Foster care systems have traditionally abandoned children upon their eighteenth birthday, without providing aged-out youth real assistance in obtaining employment, health services, or basic shelter. Most commonly, these young adults do not have sufficient resources or support to allow them to transition into safe and stable lives. The majority of these older youths either get incarcerated, become homeless, or are forced to depend …


The Aboriginal Sentencing Provision Of The Criminal Code As A Protected “Other Right” Under Section 25 Of The Charter, Larry Chartrand Jan 2012

The Aboriginal Sentencing Provision Of The Criminal Code As A Protected “Other Right” Under Section 25 Of The Charter, Larry Chartrand

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper explores the argument that section 718.2(e) of the Criminal Code, which gives direction to sentencing judges that they should be particularly mindful of Aboriginal offenders and their unique circumstances (social, political and cultural), is an “other right” within the scope of section 25 of the Charter. The author relies on a contextualized understanding in making the argument that the Aboriginal sentencing provision of the Criminal Code is a reparative right that addresses the colonial harms experienced by Aboriginal peoples by past and to some extent present policies of colonization and assimilation. Such a benefit unique to Aboriginal peoples …


Hungdah Chiu, China, And International Law: A Life Well Spent, Jerome A. Cohen Jan 2012

Hungdah Chiu, China, And International Law: A Life Well Spent, Jerome A. Cohen

Maryland Journal of International Law

No abstract provided.


Bounded Legality: China's Developmental State And Civil Dispute Resolution, Margaret Y.K. Woo Jan 2012

Bounded Legality: China's Developmental State And Civil Dispute Resolution, Margaret Y.K. Woo

Maryland Journal of International Law

No abstract provided.


Memories Of Professor Chiu, David S. Bogen Jan 2012

Memories Of Professor Chiu, David S. Bogen

Maryland Journal of International Law

No abstract provided.


China, Ying Deng, Jing He, Brenda Horrigan, Qingqing Miao, Susan Ning, Wesley Pang, Anna Tevini, Chang Wang, Adria Warren Jan 2012

China, Ying Deng, Jing He, Brenda Horrigan, Qingqing Miao, Susan Ning, Wesley Pang, Anna Tevini, Chang Wang, Adria Warren

The International Lawyer

No abstract provided.


Getting Away With Murder - Abolition Of The Eagan Rule In Wyoming Domestic Violence/Murder Cases, Stewart M. Young Jan 2012

Getting Away With Murder - Abolition Of The Eagan Rule In Wyoming Domestic Violence/Murder Cases, Stewart M. Young

Wyoming Law Review

No abstract provided.


How Written Advocacy Shapes Doctrine (Part I): Did Bad Briefing Decide Lochner V. New York?, Douglas E. Abrams Jan 2012

How Written Advocacy Shapes Doctrine (Part I): Did Bad Briefing Decide Lochner V. New York?, Douglas E. Abrams

Faculty Publications

No abstract provided.


Mods And Rockers, Drunken Debutants, And Sozzled Students: Moral Panic Or The British Silly Season?, Bill Thompson, Cecil Greek Jan 2012

Mods And Rockers, Drunken Debutants, And Sozzled Students: Moral Panic Or The British Silly Season?, Bill Thompson, Cecil Greek

Sociology Faculty and Staff Publications

Over the last decade, moral panic theory has affected a paradigm shift in the social construction of deviance and social problems in the United States, without any real debate about its viability. This article raises key questions about this perspective by offering the first ever critique of the seminal case study of British youth subcultures on which the paradigm is based. It argues that when analyzed in the context of contemporary criticism of vandalism, hooliganism, and delinquency, the Mods and Rockers case study never justified Cohen’s original criteria for a moral panic.


Our Backyard Slave Trade: The Result Of Ohio’S Failure To Enact Comprehensive State-Level Human-Sex-Trafficking Legislation, Priscila A. Rocha Jan 2012

Our Backyard Slave Trade: The Result Of Ohio’S Failure To Enact Comprehensive State-Level Human-Sex-Trafficking Legislation, Priscila A. Rocha

Journal of Law and Health

This Note examines the shortcomings of Ohio’s current anti-trafficking legislation and argues that additional victim-focused legislation must be enacted at the state level to prevent human trafficking and to protect victims. Part II provides a broad overview of the human-sex-trafficking epidemic, its magnitude at an international level, and the United Nations’ response. Part III discusses the scope of human trafficking within the United States. It also examines federal level anti-trafficking initiatives, including the Trafficking and Violence Protection Act of 2000 (TVPA), its reauthorizations, and its effectiveness in preventing domestic human trafficking and in protecting victims. Part IV addresses the urgent …


Transnational Copyright: Misalignments Between Regulation, Business Models And User Practice, Leonhard Dobusch, Sigrid Quack Jan 2012

Transnational Copyright: Misalignments Between Regulation, Business Models And User Practice, Leonhard Dobusch, Sigrid Quack

Comparative Research in Law & Political Economy

In this paper we analyse discursive struggles over what is referred to as legal and illegal user practices in the internet as an outcome of regulatory uncertainty. The latter, in turn, is examined in the context of a multi-layered transnational copyright regime characterised by three features: the absence of an universally recognized single authority in charge of law-making, fragmented and partially contradicting forms of regulation of global, national and sectoral scope, and considerable indeterminacy of rule interpretation and application arising from the variety and distinctiveness of local usage contexts. We argue that notions of legality and illegality are used strategically …