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2012

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Amanda Whitaker Of Morris Named Miss Uab 2013, Shannon Thomason Nov 2012

Amanda Whitaker Of Morris Named Miss Uab 2013, Shannon Thomason

Browse All News

No abstract provided.


Recognizing The Right To Petition For Victims Of Domestic Violence, Tamara L. Kuennen Nov 2012

Recognizing The Right To Petition For Victims Of Domestic Violence, Tamara L. Kuennen

Fordham Law Review

    Like any citizen, a victim of domestic violence (DV) may call the police for help when she needs it. And yet, when a victim calls the police, she not only seeks law enforcement assistance but also invokes her constitutional right to seek one of the most fundamental services the government can provide—protection from harm. That right, recently described by the Supreme Court as “essential to freedom,” is the right “to petition the Government for a redress of grievances” guaranteed by the First Amendment.

    This Article argues that a combination of law and policy initiatives produces negative collateral consequences for DV …


Towards Understanding Africa’S International Criminal Organizations As An Emerging Industry In A Globalizing World, Samuel Ezeanyika, Charles Ubah Nov 2012

Towards Understanding Africa’S International Criminal Organizations As An Emerging Industry In A Globalizing World, Samuel Ezeanyika, Charles Ubah

African Journal of Criminology and Justice Studies

This paper is an assessment of the impacts and ramifications of International Criminal Organizations (ICOs) as they evolve into a contemporary organized industry in the globalizing arena. The ongoing shift of corporations moving from the national to the global stage has generally overlooked the resulting emergence of a single international market for ICOs. It is a truism that the state, as a result of this trend, has been compelled to yield significant authority over its sovereign domains, thus resulting in power shift from it to private actors. In this new international order, multinational corporations (MNCs) have remained the symbol of …


Racial Misuse Of “Criminal Profiling” By Law Enforcement: Intentions And Implications, Patrick Ibe, Charles Ochie, Evaristus Obiyan Nov 2012

Racial Misuse Of “Criminal Profiling” By Law Enforcement: Intentions And Implications, Patrick Ibe, Charles Ochie, Evaristus Obiyan

African Journal of Criminology and Justice Studies

This article examines critical issues regarding criminal profiling, its misuse by law enforcement, and its utility to solve serious crimes with the technique, hereinafter known and called “Criminal Profiling”. The specific issue under investigation is the misuse of criminal profiling in the United States, and its impact on African Americans, and other minorities. In that realm, a discussion and analysis of the importance of criminal profiling, the development of criminal profiling and, the misuse of criminal profiling as a critical issue in the 21st century are analyzed


The Comment, November 1, 2012, Bridgewater State University Nov 2012

The Comment, November 1, 2012, Bridgewater State University

The Comment

No abstract provided.


Racism And Illicit Drug Use Among African American Women: The Protective Effects Of Ethnic Identity, Affirmation, And Behavior, Danelle Stevens-Watkins, Brea Perry, Kathi L. Harp, Carrie B. Oser Nov 2012

Racism And Illicit Drug Use Among African American Women: The Protective Effects Of Ethnic Identity, Affirmation, And Behavior, Danelle Stevens-Watkins, Brea Perry, Kathi L. Harp, Carrie B. Oser

Sociology Faculty Publications

Though recent evidence indicates that rates of illicit drug use among African American women are now higher than the national average, little is known about the etiology of substance use in this population. In addition, the effects of racism and other cultural factors are understudied and may be unique amongst African American women. This cross-sectional study explores risk and protective factors for drug use among 204 African American women. More specifically, associations between racism experiences and drug use are investigated in the context of potential moderating influences (i.e., psychosocial resources, social safety net variables, and cultural identity and practices). Findings …


Executives Should Think Twice Before Accepting Pleas 'Related To Fraud': The Expansion Of Exclusion Under The Park Doctrine, Abraham Gitterman Nov 2012

Executives Should Think Twice Before Accepting Pleas 'Related To Fraud': The Expansion Of Exclusion Under The Park Doctrine, Abraham Gitterman

Student Articles and Papers

No abstract provided.


Inside-Out As Law School Pedagogy, Giovanna Shay Nov 2012

Inside-Out As Law School Pedagogy, Giovanna Shay

Journal of Legal Education

No abstract provided.


Teaching Prison Law, Sharon Dolovich Nov 2012

Teaching Prison Law, Sharon Dolovich

Journal of Legal Education

No abstract provided.


A Case For Training Signed Language Interpreters For Legal Specialization, Len Roberson, Debra Russell, Risa Shaw Nov 2012

A Case For Training Signed Language Interpreters For Legal Specialization, Len Roberson, Debra Russell, Risa Shaw

International Journal of Interpreter Education

Interpreting in legal settings has become a specialized area of practice that requires specific training and ongoing professional development. This study examined the training and professional development needs of ASL–English interpreters in North America. The 1,995 participants in an online survey included interpreters who provide services in legal settings and those who do not. The data suggest that interpreters desire certificate programs that are delivered in multiple formats, including face-to-face intensive experiences, online distance learning, and regional and local mentoring experiences. The training content areas participants wanted most include specialized interactions; legal discourse across a range of settings including police, …


Healing Memory, Ontological Intimacy, And U.S. Imprisonment: Toward A Christian Politics Of “Good Punishment” In Civil Society , James Logan Nov 2012

Healing Memory, Ontological Intimacy, And U.S. Imprisonment: Toward A Christian Politics Of “Good Punishment” In Civil Society , James Logan

Law and Contemporary Problems

No abstract provided.


Editorial: Race-Class-Gender Articulation And Crime In The Us, Biko Agozino Nov 2012

Editorial: Race-Class-Gender Articulation And Crime In The Us, Biko Agozino

African Journal of Criminology and Justice Studies

No abstract provided.


Social Control In Precolonial Igboland Of Nigeria, Emmanuel C. Onyeozili, Obi N. I. Ebbe Nov 2012

Social Control In Precolonial Igboland Of Nigeria, Emmanuel C. Onyeozili, Obi N. I. Ebbe

African Journal of Criminology and Justice Studies

This study is a descriptive investigation of the traditional system of social control and order maintenance in the Igbo nation of Nigeria in Africa. It discusses how the Igbo employed customary standards of conduct and negative sanctions for breach of norms to control its people prior to the advent of the Europeans, colonization, and prisons. Employing ethnographic methodology, the paper describes what constitutes serious deviance and the stringent penalties imposed for their contravention in pre-colonial Igboland. Specifically, the Igbo employed the services of council of elders, age-grade associations, title-making associations, oracles, “Dibia” fraternities (medicine men), secret societies, the myth of …


An Evaluation Of The Challenges Of Forensic Investigation And Unsolved Murders In Nigeria, Ngboawaji Daniel Nte Nov 2012

An Evaluation Of The Challenges Of Forensic Investigation And Unsolved Murders In Nigeria, Ngboawaji Daniel Nte

African Journal of Criminology and Justice Studies

The work attempts to evaluate the challenges facing forensic investigation capacity of the police and other internal security agencies in Nigeria in the face of high prevalence of unsolved murders in Nigeria in the past three decades. In carrying out this research both primary and secondary data were employed to add to the scientific fervour of the work. Consequently, the work discovered that poor/lack of forensic skills and equipment negatively impacts on the forensic investigation capacity of the police and other security agents. These impediments tend to further complicate the mystery of unsolved murders in a nation where even high …


Trafficking In Nigerian Cultural Antiquities: A Criminological Perspective, Usman Adekunle Ojedokun Nov 2012

Trafficking In Nigerian Cultural Antiquities: A Criminological Perspective, Usman Adekunle Ojedokun

African Journal of Criminology and Justice Studies

Antiquity trafficking has over time remained at the margin of criminological discourse in Nigeria. This silence from the criminological lens is, however, not an indication that the country is immune from the criminal activities of antiquity traffickers, but rather, it is a reflection of the common belief that this form of criminality is less rampant in Nigeria. This paper therefore examines the nature, causes, consequences and the control of the problem of illicit trafficking in the Nigerian cultural antiquities. Author adopts Cohen and Felson’s (1979) routine activity theory of crime to explain indices that formed the interplay of antiquity trafficking …


Grounded Law: Comparative Research On State And Non-State Justice In Multiple Societies, Festus Obi Nov 2012

Grounded Law: Comparative Research On State And Non-State Justice In Multiple Societies, Festus Obi

African Journal of Criminology and Justice Studies

No abstract provided.


Lifting The Fog: Ending Felony Disenfranchisement In Virginia, Dori Elizabeth Martin Nov 2012

Lifting The Fog: Ending Felony Disenfranchisement In Virginia, Dori Elizabeth Martin

Law Student Publications

This comment explores how Virginia's disenfranchisement law originated, how it has managed to survive throughout Virginia's history, and whether it may be vulnerable to various legal challenges. Part II outlines the history of felony disenfranchisement in Virginia. Part III analyzes common policy justifications for the current law and discusses the widely held beliefs about the role of race in the law's inception. Part IV examines legal challenges to similar laws in the federal courts and evaluates the potential for success of comparable challenges in Virginia. Part V looks to recent attempts at enacting solutions at the state level. Part VI …


The Big Man In The Big House: Prisoner Free Exercise In Light Of Employment Division V. Smith, Joseph Thomas Wilson Nov 2012

The Big Man In The Big House: Prisoner Free Exercise In Light Of Employment Division V. Smith, Joseph Thomas Wilson

Louisiana Law Review

No abstract provided.


Book Review Of The Collapse Of American Criminal Justice, By William J. Stuntz, Andrea Roth Nov 2012

Book Review Of The Collapse Of American Criminal Justice, By William J. Stuntz, Andrea Roth

Journal of Legal Education

No abstract provided.


Racial Disparity In The Criminal Justice Process: Prosecutors, Judges, And The Effects Of United States V. Booker, Sonja Starr, M. Marit Rehavi Nov 2012

Racial Disparity In The Criminal Justice Process: Prosecutors, Judges, And The Effects Of United States V. Booker, Sonja Starr, M. Marit Rehavi

Law & Economics Working Papers

Current empirical estimates of racial and other unwarranted disparities in sentencing suffer from two pervasive flaws. The first is a focus on the sentencing stage in isolation. Studies control for the “presumptive sentence” or closely related measures that are themselves the product of discretionary charging, plea-­‐bargaining, and fact-­‐finding processes. Any disparities in these earlier processes are built into the control variable, which leads to misleading sentencing-­‐disparity estimates. The second problem is specific to studies of sentencing reforms: they use loose methods of causal inference that do not disentangle the effects of reform from surrounding events and trends.

This Article explains …


Lifting The Fog: Ending Felony Disenfranchisement In Virginia, Dori Elizabeth Martin Nov 2012

Lifting The Fog: Ending Felony Disenfranchisement In Virginia, Dori Elizabeth Martin

University of Richmond Law Review

No abstract provided.


From The Reference Desk-Reviews Of Reference Titles, Tom Gilson Nov 2012

From The Reference Desk-Reviews Of Reference Titles, Tom Gilson

Against the Grain

No abstract provided.


Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas Nov 2012

Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas

Articles

The article argues that criminal sentencing, often perceived as a singular, justice-focused moment, is in reality a complex, fragmented process heavily influenced by prosecutorial discretion and plea bargaining. It contends that public participation, inspired by principles of administrative law, could enhance the fairness, transparency, and legitimacy of sentencing and related processes, such as charging and plea bargaining. By integrating public input and structured decision-making, the criminal justice system could better align with democratic values and address systemic disparities.


Public Health Nurse Decisions Regarding At-Risk Postpartum Case Closure, Denise K. Thompson Phd Nov 2012

Public Health Nurse Decisions Regarding At-Risk Postpartum Case Closure, Denise K. Thompson Phd

Dissertations

During the late 19th century, public health nursing emerged in the United States as an autonomous nursing specialty providing maternal-child health (MCH) home visitation services. Present day MCH public health nurses (PHNs), guided by their predecessors, focus on health promotion and disease prevention in at-risk maternal-child populations. Health policies, funding streams, and local public health nursing protocols are examples of extrinsic factors that may affect length of home visitation services for at-risk women and their children. The purpose of this study was to better understand the factors related to variations in PHN decisions to terminate home visitation services for at-risk …


Foreword, John D. Inazu Nov 2012

Foreword, John D. Inazu

Law and Contemporary Problems

No abstract provided.


The Moral Complexity Of Cause Lawyers Within The State, David Luban Nov 2012

The Moral Complexity Of Cause Lawyers Within The State, David Luban

Fordham Law Review

No abstract provided.


A Call To Action—Examining Nepal’S Post-Conflict Strategy Toward Persons Accused Of Gross Human Rights Abuses, Jennifer Chiang Nov 2012

A Call To Action—Examining Nepal’S Post-Conflict Strategy Toward Persons Accused Of Gross Human Rights Abuses, Jennifer Chiang

Fordham Law Review

   This Note analyzes Nepal’s attempts to establish accountability and the rule of law in the aftermath of its ten-year civil war. It compares Nepal’s treatment of persons implicated in gross human rights violations with the international human rights legal framework surrounding a state’s international obligations, particularly in its use of transitional justice mechanisms. It argues that Nepal’s failure to bring either administrative sanctions or criminal prosecutions against officials accused of human rights abuses—and its reliance instead on truth commissions—undermines the rule of law and violates the country’s international human rights obligations.


A Gate Forever Closed? Retiring Immigration Law’S Post-Departure Bar, Jonathan H. Ross Nov 2012

A Gate Forever Closed? Retiring Immigration Law’S Post-Departure Bar, Jonathan H. Ross

Fordham Law Review

   Immigration law’s “post-departure bar” destroys the jurisdiction of either an immigration judge or the Board of Immigration Appeals to hear a motion to reopen or reconsider filed by an alien who is no longer physically within the country. This Note examines the current conflict between the federal circuits regarding the post-departure bar and why the circuits that have decided to strike down the bar in the cases before them have ruled in line with certain trends present in recent Supreme Court immigration cases.

   Conflict between the circuits has arisen because the governing statute, the Illegal Immigration Reform and Immigrant Responsibility …


The Racist Application Of The Death Penalty In The United States, Mayra T. Felix Nov 2012

The Racist Application Of The Death Penalty In The United States, Mayra T. Felix

Social Sciences

No abstract provided.


International Law In Domestic Courts And The Jurisdictional Immunities Of The State Case, Ingrid Wuerth Nov 2012

International Law In Domestic Courts And The Jurisdictional Immunities Of The State Case, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

National court litigation in Greece and Italy prompted Germany to bring suit before the international Court of Justice (‘ICJ’), resulting in the Jurisdictional Immunities of the State judgment. The history of that litigation, as well as the ICJ’s judgment itself, raise two questions about the relationship between executive branches and courts. First, if national court decisions conflict with the views of the forum state’s executive branch, which controls for the purpose of determining state practice in customary international law? Secondly, are national courts more likely to produce ‘outlier’ decisions that challenge or undermine existing international law when the forum state’s …