Digital Commons Network^™

The Protester: A Sentencing Dilemma, Stephen J. Mcewen Jr.

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Overview Of Majors At A Glance, Nova Southeastern University

Undergraduate Programs Course Catalogs

No abstract provided.

Guide To The Archival Collection Of Judge Roger J. Miner '56, New York Law School

Finding Aids

No abstract provided.

2011-2012 Annual Student Assessment Report, Southwestern Oklahoma State University

Assessment Center Reports

Annual Student Assessment Report produced by the SWOSU Assessment Center

Subsidizing Hate: A Proposal To Reform The Internal Revenue Service's Methodology Test, Alex Reed

Fordham Journal of Corporate & Financial Law

Although a wide variety of organizations may qualify as tax-exempt public charities, reform is needed to ensure that hate groups masquerading as educational organizations do not receive preferential tax treatment. Since 1986, the Internal Revenue Service has utilized a methodology test to determine when advocacy of a particular viewpoint may be deemed educational so as to qualify the underlying organization as a public charity. Because Service has been reluctant to apply the test rigorously, however, a number of hate groups have been able to obtain charitable status under the guise of operating as legitimate educational organizations. This Article argues that …

The United States Drug Enforcement Administration: Pertaining To Public Safety And Homeland Security, Benjamin Martin Ogden

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

Despite the efforts of the United States Drug Enforcement Administration, United States Government, Armed Forces, and other law enforcement agencies, illegal drug uses continues to be a major issue. The direct connection between illicit drugs and terrorism, specifically in Afghanistan, poses a major threat to America along with the effects these drugs have on public health. In order to continue to successfully counter illegal drug trafficking and abuse in the United States it is essential to bolster numerous aspects of the Drug Enforcement Administration its efforts. This includes management, public-private partnerships, and critical infrastructure protection. It is also necessary for …

A Local Approach: Homeland Security Officers, Erik Grutzner

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

It has become apparent that true preparedness for a catastrophic event requires a strong local component. However, the patchwork of full and part time operators in a range of disciplines preparing for a variety of responsibilities creates the risk of an inexact or inefficient response. As a result, this document will support the idea that in order to improve the level of preparedness of municipalities, one full time police officer should be assigned to the newly created position of Homeland Security Officer (HSO), and be tasked with all manner of responsibilities for the most effective example of homeland security.

This …

Mamaroneck Ems And The Continuity Of Operations: Homeland Security On A Local Level, Samantha M. Gagliardi

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

The definition of homeland security and all that it encompasses has been an ongoing discussion since the events of 9/11. As a homeland security professional it has become clear to me that homeland security is not only a federal obligation, but a local priority as well. All events are local and the government cannot be solely responsible for the preparation, response, and resilience of each individual community. The Village of Mamaroneck is a small jurisdiction approximately 30 miles from New York City. The prime threat this Village has faced is inclement weather and severe flooding due to the multiple floodplains …

Fighting Narcoterrorism: A Counter Narcotic Approach To Homeland Security, Nicholas Levesque

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

The use of illicit drugs in the United States can be looked at as a homeland security concern for many reasons. The illicit drug trade challenges the security of our borders, fuels crime in many of our communities and when illicit drugs are abused by individuals, they can become unproductive members of society. This loss of productivity can be attributed to healthcare concerns, incarceration and the burden placed on the rest of society to make up for the loss. Terrorist organizations like Al-Qaeda have shown involvement in the illicit drug trade and use it as a means of funding their …

New York/New Jersey High Intensity Drug Trafficking Area Terrorist Financing & Drug Trafficking Strategy, Danielle Morita O'Mara

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

My Masters Project focuses around the New York/New Jersey High Intensity Drug Trafficking Area (NY/NJ HIDTA). Narco-terrorism has become a significant issue for the safety and security of the United States. Terrorist financing also plays a significant role in the war on terror. I chose to create a three part strategy for the NY/NJ HIDTA that will combat both narco-terrorism and terrorist financing. Each chapter describes another detailed plan of how the NY/NJ HIDTA, as well as particular agencies within, combat these issues in attempt to keep our nation secure. My Masters Project was carefully constructed with a strong focus …

Continuity Of Operations: A Strategy To Secure The Nation, Matthew J. Cassidy

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

The sharing of power and responsibilities between the individual states and the federal government is detailed in the US Constitution and is called federalism. Research has indicated that the shift of power between the states and federal government has waxed and waned over the last 236 years. This qualitative study is based upon literature review of the relationships of local, state, and federal governments in responding to catastrophes. Each level of government brings unique capabilities to the response to catastrophic events. There is no need to usurp federalism in order to survive the next catastrophe; it is going to take …

A Multifaceted Approach To Management And Homeland Security For The 21st Century, Vincent Antonecchia

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

This master’s thesis is a compilation of "short stories" which share one common theme, the immediate and long-term protection, preservation and prosperity of my country, the United States of America. I embarked on this journey to obtain a Master of Arts in Management and Homeland Security because I am truly concerned about my children’s future, the future of the United States of America, and the future of the world as a whole. On September 11, 2001, the world caught a glimpse of true evil and witnessed death and destruction as it was carried out by focused and motivated enemies.

I …

Our Broken Misdemeanor Justice System: Its Problems And Some Potential Solutions, Eve Brensike Primus

Reviews

Although misdemeanors comprise an overwhelming majority of state criminal court cases, little judicial and scholarly attention has been focused on how misdemeanor courts actually operate. In her article, Misdemeanors, Alexandra Natapoff rights this wrong and explains how the low-visibility, highly discretionary decisions made by actors at the misdemeanor level often result in rampant discrimination, incredible inefficiency, and vast miscarriages of justice. Misdemeanors makes a significant contribution to the literature by refocusing attention on the importance of misdemeanor offenses and beginning an important dialogue about what steps should be taken going forward to fix our broken misdemeanor justice system.

2012 Winter Class Schedule, University Of Michigan Law School

Class Schedules

Class schedule for the 2012 Winter semester at the University of Michigan Law School

The Death Penalty And The Mentally Ill: A Selected And Annotated Bibliography, Jean Mattimoe

Articles

The United States Supreme Court over the last decade has selectively whittled away at the scope and availability of the death penalty by exempting certain groups from execution under the Eighth Amendment. In 2002 the court ruled that executing mentally retarded criminals violates the Constitution's ban on cruel and unusual punishment. In 2005 the court ruled that the Constitution forbids the execution of individuals who were under the age of 18 when they committed their crimes. Currently there is an active debate on whether to extend the categorical exemptions created by the Court to the mentally ill. At the forefront …

No Justice In Utah's Justice Courts: Constitutional Issues, Systemic Problems, And The Failure To Protect Defendants In Utah's Infamous Local Courts, Samuel P. Newton

Articles

No abstract provided.

Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel

Articles

No abstract provided.

Arbitrary Disproportionality: A New Charter Standard For Measuring The Constitutionality Of Mandatory Minimum Sentences, Allan Manson

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

The development of section 12 jurisprudence began in 1987 with R. v. Smith. Since that time, any potential refinement of the “cruel and unusual” standard has been distracted by two methodological debates: The scope of “reasonable hypotheticals” and the role of constitutional exemptions. As a result, the jurisprudence has not moved beyond “gross disproportionality” and “outraging standards of decency”. In the process, any room for arbitrariness as a factor has evaporated. A few recent mandatory minimum sentence decisions have breathed some life into section 12 for sentencing purposes. Perhaps more importantly, the concept of arbitrariness has been embedded in section …

Metaphor And Stories In Discourse About Personal And Social Change, L. David Ritchie

Communication Faculty Publications and Presentations

Barack Obama campaigned on the theme of ‘change,’ and as the first African-American to win the U. S. Presidency, he embodies changes of historical and cultural importance. Central among the changes Obama advocates is his attempt, throughout his campaign, to depart from the ‘old politics’ and keep racial issues in the background. However, at a crucial point in the campaign he was forced to confront these issues when a potentially damaging controversy erupted over a series of comments, widely regarded as unpatriotic, made by his personal friend and spiritual adviser, the Reverend Jeremiah Wright. How Obama dealt with this crisis …

Beyond Chalk And Talk: The Law Classroom Of The Future, Timothy W. Floyd, Karen J. Sneddon, Oren R. Griffin

Articles

Law schools are rethinking the traditional Langdellian classroom as they construct the law classroom of the future. Although the reform of legal education has long been heralded, law schools are now on the cusp of actual change. Carnegie’s Educating Lawyers and the Clinical Legal Education Association’s Best Practices for Legal Education are promoting a rethinking of the law classroom. Also encouraging the examination of legal education are changes in the incoming student population, such as the influx of students from the Millennial Generation; technological innovations; and shifting realities and economics of law practice, such as the increased focus on efficiency …

Confronting The Invisible Witness: The Use Of Narrative To Neutralize Capital Jurors’ Implicit Racial Biases, Pamela A. Wilkins

Articles

How can capital defense lawyers craft narratives that neutralize jurors’ unconscious racial and ethnic biases? A well-developed body of research in cognitive psychology indicates that despite even the best of intentions and the absence of conscious prejudice, most Americans harbor unconscious biases against African Americans. These biases influence what we actually perceive, how we interpret what we perceive, and how we act. For reasons related to the content and structure of capital sentencing trials, these unconscious biases are particularly likely to influence capital jurors. In effect, unconscious racial bias acts as an invisible witness against the African American defendant, buttressing …

Testing The Procedural Justice Model Of Legal Socialization: Expanding Beyond The Legal World, Rick Trinkner

Doctoral Dissertations

The procedural justice model of legal socialization predicts that perceptions of legitimacy and cynicism toward rules mediate the relation between procedural justice and engagement in rule-violating behavior. This dissertation used a multi-methodological approach to test this model in terms of three authority figures: parents, police, and teachers. In Study 1, cross-sectional methodology was used to test the model in a community sample of adolescents and young adults. Participants completed online surveys assessing the degree to which they perceived three authority figures as procedurally fair, the degree to which they perceived the authorities as legitimate, how cynical they were about the …

Violent Socialization Processes And Criminal Behavior: An International Perspective On Variations In Social Control During Late Adolescence And Emerging Adulthood, Aimee Delaney Lutz

Doctoral Dissertations

Using Gottfredson and Hirschi's parental socialization thesis as a theoretical framework, the present study explores whether or not violent socialization processes are associated with criminal behavior, both at the micro-level and macro-level, across 32 different nations. Analyses were conducted on data from the International Dating Violence Study (Straus & Members of the International Dating Violence Research Consortium, 2004). Bivariate statistical analyses show that violent socialization tends to be more prevalent among nations with indicators of violence (e.g., laws supporting the death penalty) compared to nations without such indicators. The results of ordinary least squares regression analysis indicate that violent familial …

Examining An Underdeveloped Constitutional Standard: Trial In Absentia And The Relinquishment Of A Criminal Defendant's Right To Be Present, Eugene L. Shapiro

Marquette Law Review

The right of a criminal defendant to be present at trial has been characterized by the Supreme Court as “one of the most basic rights” guaranteed by the Constitution, and yet the Court has only intermittently discussed the constitutional standard for assessing its relinquishment. Both federal and state courts now perceive that the constitutional standard only requires a voluntary, knowing and intelligent waiver, and they frequently focus upon the issue of the voluntariness of a defendant’s absence. A large number of the federal circuits have supplemented this constitutional standard with a non-constitutional, supervisory requirement that a trial court balance the …

Externship Demographics Across Two Decades With Lessons For Future Surveys, J.P. "Sandy" Ogilvy, Sudeb Basu

Scholarly Articles

Sudeb Basu (J.D., Catholic University, 2011) and Professor J.P. “Sandy” Ogilvy (Catholic University) report on the results of a 2007-2009 national survey of externship programs at American law schools and compare many of the data points to previous surveys of externship programs, the 2007-2008 CSALE survey, and some ABA/LSAC data, to chart the growth and increasing sophistication and complexity of the pedagogy associated with legal externships. Some of the data discussed include limits on the number of externship credits or externship courses, student involvement in externships, the distribution of credits awarded for externship courses, the average number of hours of …

Lafler And Frye: Good News For Public Defense Litigation, Cara H. Drinan

Scholarly Articles

In Missouri v. Frye and Lafler v. Cooper, the Supreme Court confirmed that the Sixth Amendment right to counsel applies to the plea negotiation process and held that prejudicial error can flow from ineffective plea advice. The defense community has applauded these decisions for recognizing the pivotal role that guilty pleas play in our criminal justice system and for requiring a minimum level of efficacy in plea lawyering. In this brief essay, I suggest that Frye and Lafler are victories for the defense community in yet another way. The decisions reflect judicial realism, and in this respect, they are especially …

Endless Pursuit: Capturing Technology At The Intersection Of The First Amendment And Attorney Advertising, Jan L. Jacobowitz, Gayland O. Heathcote Ii

Articles

No abstract provided.

Africa And The International Criminal Court, Charles C. Jalloh

Articles

No abstract provided.

The Modern Hiv/Aids Epidemic And Human Rights In The United States: A Lens Into Lingering Gender, Race, And Health Disparities And Cutting Edge Approaches To Justice, Brook Kelly

University of Baltimore Law Review

No abstract provided.

Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman

University of Baltimore Law Review

No abstract provided.