Digital Commons Network^™

Letter To Spring Arbor University, Kenneth Deaver

Honors Projects

No abstract provided.

Dylan And The Last Love Song Of The American Left, John M. Facciola

Fordham Urban Law Journal

The reminiscences of an old man who had the joy of being a New York kid when an old American music form was transformed by the extraordinary efforts of a group of musicians who saw a new creative force that they thought could cause revolutionary social change. This article examines the impact of the friendship between Bob Dylan and Woody Guthrie on folk music and describes the political consciousness of the music.

Symposium: Bob Dylan And The Law Foreword, Samuel J. Levine

Fordham Urban Law Journal

Taken together, the articles in this Symposium Issue provide a journey through both Bob Dylan’s career and the American legal landscape. Befitting a legal prophet, Dylan is often critical, skeptical, and cynical, at times uncompromising in his portrayal of the failures of American law and society. The presentations at the Dylan and the Law Symposium reflected, in part, the disappointment and frustration expressed in Dylan’s words and music. Yet, the speakers at the Symposium echoed another side of Bob Dylan’s work: a refusal to surrender or despair in the face of disheartening reality. Instead, drawing upon Dylan’s prophetic dreams and …

"No Older 'N Seventeen": Defending In Dylan Country, Abbe Smith

Fordham Urban Law Journal

This article is about an actual experience the author had defending a teenager accused of a serious crime where Bob Dylan grew up-- the Minnesota Iron Range. In order to protect the young man's privacy, it does not divulge the actual time period of the case. Likewise, details about his life and the charges he was facing have been changed. His name has been changed to Jamal. Things did not go well for Jamal. Though a child when he was sent from the juvenile jail outside of Washington, D.C. to a secure treatment facility for serious juvenile offenders in the …

Leveraging Bias In Forensic Science, Roger Koppl

Fordham Urban Law Journal

Dr. Simon Cole calls for a more hierarchical organization of forensic science in his challenging Article, Acculturating Forensic Science: What is ‘Scientific Culture’, and How can Forensic Science Adopt it? Koppl thinks Dr. Cole is right to say that there are different roles in forensic science, but somewhat mistaken in his call for hierarchy.

Vigo County, Indiana Community Corrections Work Release: A Four-Year Study, William J. Mackey

All-Inclusive List of Electronic Theses and Dissertations

Work release programs are an integral part of the current correctional system in United States. Proponents of these programs suggest that work release offers multiple benefits to both offender and community at little to no cost. To date, however, very few studies have been conducted on their actual effectiveness. The present study addresses this gap in the literature by offering an analysis of a current work release program. With data collected from the Vigo County, Indiana Community Corrections Program, 458 adult work release participants from 1996-2010 were selected for the study. Using both official records and the Indiana public records …

Significant Entanglements: A Framework For The Civil Consequences Of Criminal Convictions, Colleen F. Shanahan

Faculty Scholarship

A significant and growing portion of the U.S. population is or has recently been in prison. Nearly all of these individuals will face significant obstacles as they struggle to reintegrate into society. A key source of these obstacles is the complex, sometimes unknown, and often harmful collection of civil consequences that flow from a criminal conviction. As the number and severity of these consequences have grown, courts, policymakers, and scholars have struggled with how to identify and understand them, how to communicate them to defendants and the public, and how to treat them in the criminal and civil processes. The …

Women, Alcoholics Anonymous, And Related Mutual Aid Groups: Review And Recommendations For Research, Sarah E. Ullman, Cynthia J. Najdowski, Ericka B. Adams

Psychology Faculty Scholarship

Recent literature reviews and meta-analyses have supported the effectiveness of Alcoholics Anonymous (AA) in helping members stop drinking and maintain sobriety. Despite the extensive body of research on AA, less attention has focused on differences in the efficacy of the program for and experiences of women as compared to men. Such a focus is warranted given that there are significant gender differences in the development and progression of alcoholism, impact of drinking, and response to treatment. This review synthesizes results of extant research on women in AA and similar mutual aid groups focused on problem drinking to describe the state …

"By Some Other Means": Considering The Executive Role In Fostering Subnational Human Rights Compliance, Risa E. Kaufman

Human Rights Institute

The broad realization of human rights domestically requires strong partnership among all levels of government. Indeed, international and domestic law support an important role for state and local governments in implementing the United States’ human rights treaty commitments, with the federal government retaining ultimate responsibility. While the federal government’s responsibility is clear, its options for fostering and facilitating subnational compliance have not been fully explicated. United States’ human rights treaty ratification practices and recent Supreme Court jurisprudence primarily constrain the Executive’s ability to compel state and local compliance without congressional authorization. In the absence of such congressional action, the Executive …

Japan’S Experience With A New Jury (Saiban-In) System, Hironobu Takesaki

Center for Japanese Legal Studies

For months, the Columbia Law School community looked forward to the visit of Chief Justice Hironobu Takesaki (LL.M. ’71), who was scheduled to deliver a lecture at the Law School on October 31, 2012. Two days before his visit, New York City was hit by Hurricane Sandy. As a result of disruptions to the Chief Justice’s travel schedule, we were unable to hold the event. Although we unfortunately did not have the honor of hosting the Chief Justice, we are able to share the remarks he planned to give that evening. We look forward to hosting Chief Justice Takesaki on …

Edward Byrne Memorial Justice Grant, Nebraska Strategic Plan, 2012-2015, Ryan E. Spohn, Melissa Gray, Mike Behm, Lisa Stamm

Reports

The Consortium for Crime and Justice Research (CCJR) at the University of Nebraska at Omaha was tasked by the Nebraska Commission on Law Enforcement and Criminal Justice to facilitate the development of a three-year strategic plan for the use of Edward Byrne Memorial Justice Assistant Grant (JAG) funds. The Crime Commission serves as the State Administering Agency that is responsible for funding projects that fit into one or more of the seven JAG purpose areas: law enforcement programs; planning, evaluation, and technology improvement programs; prevention and education programs; drug treatment and enforcement programs; corrections and community corrections programs; prosecution and …

Firearm Use In Violent Crime In The U.S. And Alaska, 1980-2011, Brad A. Myrstol

AJSAC Fact Sheet

This fact sheet presents national and statewide statistics from the FBI's Uniform Crime Reports program on the prevalence of murder in the U.S. and Alaska from 1980 to 2011, as well as data on the use of firearms in murders (both for the U.S. as a whole, and Alaska), aggravated assaults (Alaska only), and robberies (Alaska only) over the same period.

Prosecution In 3-D, Kay L. Levine, Ronald F. Wright

Faculty Articles

Despite the multidimensional nature of the prosecutor’s work, legal scholars tend to offer a comparatively flat portrait of the profession, providing insight into two dimensions that shape the prosecutor’s performance. Accounts in the first dimension look outward toward external institutions that bear on prosecutors’ case-handling decisions, such as judicial review or the legislative codes that define crimes and punishments. Sketches in the second dimension encourage us to look inward, toward the prosecutor’s individual conscience.

In this Article we add depth to the existing portrait of prosecution by exploring a third dimension: the office structure and the professional identity it helps …

Quest For Vaccines To Treat Addiction, Rachel Florence

The Science Journal of the Lander College of Arts and Sciences

Drug addiction is a prime example of biochemical psychology. When people use drugs such as nicotine, they trigger dopamine receptors in the brain, causing a pleasurable sensation. People want to repeat the feeling and thus get addicted to the drug. With the development of a vaccine to treat addiction, researchers attempt to prevent drugs from crossing over the bloodbrain barrier and triggering the dopamine receptors. Experiments and clinical trials prove the efficacy of the nicotine vaccine. However, Phase III trials and additional research are necessary before the vaccine can be launched for public use.

Virtual Or Reality: Prosecutorial Practices In Cyber Child Pornography Ring Cases, Michal Gilad

Richmond Journal of Law & Technology

With the rising use of the Internet over the past decade, the boundaries between our physical space and cyberspace are quickly fading. The Internet has become an integral and inseparable part of modern being, and its dominance in our lives is undeniable. Actions taken online are no longer a mere virtual fantasy, but directly relate to our “offline” everyday living. Modern criminal trends also demonstrate the strong link betweenthe virtual and physical worlds.

Juvenile Injustice: Disproportionate Minority Contact In Oklahoma's Juvenile Justice System, Patrick M. Polasek

Dissertations

Statistics show that minority overrepresentation in the juvenile justice system is not a new phenomenon. The problem, however, is not going away and might even be getting worse. In 2008, the FBI's Uniform Crime Report showed that 52% of juvenile Violent Crime Index arrests, and 33% of juvenile Property Crime Index arrests, are black youths. This occurring while black youth only accounted for 16% of the youth population. These statistics illustrate disproportionate minority contact. The question is whether disproportionate minority contact has improved, and what is influencing minority overrepresentation.

In this dissertation, I examine whether minorities are overrepresented in Oklahoma's …

Legal Periodicals, Indexes, And Other Information Sources, Timothy L. Coggins

Law Faculty Publications

This chapter identifies reference resources that might be useful to attorneys and other legal researchers. These resources are valuable for a variety of reasons, including: to locate a definition of a word or to select an alternative word; to locate names and addresses of experts and descriptions of their services; to locate background supporting information about an issue associated with the case such as statistics; to locate information about a judge such as his or her address or, more importantly, to determine something about the judge's temperament or courtroom style; and ID to locate names of court officials such as …

A Tale Of Three Families: Historical Households, Earned Belonging, And Natural Connections, Allison Anna Tait

Law Faculty Publications

The work of this Article is to present a new and synthetic reading of cases about wives, illegitimate children, and unwed fathers that follows these three logics, revealing how they weave together and why earned belonging provides the strongest support for Ginsburg's original vision of an equalized household.

Confronting Race In The Criminal Justice System: The Aba's Racial Justice Improvement Project, Cynthia E. Jones

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Women Lawyers And Women's Legal Equality: Reflections On Women Lawyers At The 1893 World's Columbian Exposition In Chicago, Mary Jane Mossman

Articles & Book Chapters

No abstract provided.

Neuroscience And The Child Welfare System, Clare Huntington

Faculty Scholarship

Increasingly, scholars and policymakers are calling for programs that take a preventive approach to child abuse and neglect, rather than our current tendency to respond only after a crisis. There are significant social and economic arguments supporting this shift. The Nurse-Family Partnership, developed by David Olds and discussed in this symposium, illustrates how specific investments in family functioning can lower rates of child abuse and neglect, leading to a host of positive outcomes for children and society, from greater educational attainment to less involvement in the criminal justice system. Thinking about child well-being more broadly, the Nobel laureate James Heckman …

From Private Violence To Mass Incarceration: Thinking Intersectionally About Women, Race, And Social Control, Kimberlé W. Crenshaw

Faculty Scholarship

The structural and political dimensions of gender violence and mass incarceration are linked in multiple ways. The myriad causes and consequences of mass incarceration discussed herein call for increased attention to the interface between the dynamics that constitute race, gender, and class power, as well as to the way these dynamics converge and rearticulate themselves within institutional settings to manufacture social punishment and human suffering. Beyond addressing the convergences between private and public power that constitute the intersectional dimensions of social control, this Article addresses political failures within the antiracism and antiviolence movements that may contribute to the legitimacy of …

The Property Strategy, Thomas W. Merrill

Faculty Scholarship

My objective in this Article is to offer a description of property as an institution for organizing the use of resources in society. There are several strategies for deciding how valued things will be used, and by whom. “Might makes right” is one approach: we can let a strongman decide these questions. Bureaucratic governance is another: we can create a hierarchical organization and adopt rules and procedures for allocating resources. Group consensus is a third: questions about resource use can be resolved through meetings and discussion among those most closely involved. The claim advanced here is that property is a …

Frye And Lafler: No Big Deal, Gerard E. Lynch

Faculty Scholarship

The only surprise about the Supreme Court’s recent decisions in Missouri v. Frye and Lafler v. Cooper is that there were four dissents. The decisions are straightforward recognitions that the defendants in those cases received unquestionably derelict representation, to their considerable prejudice. The decisions do not represent a novelty in the law, but rather continue the longstanding recognition by the courts that “plea bargaining” is an integral part of our criminal justice system – indeed, I have argued at length that it is our criminal justice system – and that minimal competence of defense lawyers in dealing with that process …

General Equilibrium Effects Of Prison On Crime: Evidence From International Comparisons, Justin Mccrary, Sarath Sanga

Faculty Scholarship

We compare crime and incarceration rates over time for the United States, Canada, and England and Wales, as well as for a small selection of comparison countries. Shifts in U.S. punishment policy led to a five-fold increase in the incarceration rate, while nearly every other country experienced only minor increases in incarceration. The large shifts in U.S. punishment policy do not seem to have caused commensurately large improvements in public safety.

Two Sides To The Same Coin: Relational And Physical Aggression In The Media, Sarah M. Coyne, Laura Stockdale, David A. Nelson

Faculty Publications

Purpose - This review aims to examine how aggression is portrayed in the media and how it can influence behavior and attitudes regarding aggression.

Design/methodology/approach - The authors reviewed the relevant literature and examined both physical and relational forms of aggression in multiple media forms (television, film, video games, music, books).

Findings - Across media types, evidence is found that both physical and relational aggression are portrayed frequently and in ways that may contribute to subsequent aggression. Furthermore, though there are studies finding no effect of exposure to media aggression, evidence is found that watching physical and relational aggression in …

Experiential Learning And The Attainment Of Common General Education Goals, Robert Wauhkonen

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Adolescent Males' Similarity, Emotional Safety, And Change In Strengths-Based Programming, Wendy Elaine Viola

Dissertations and Theses

In recent decades, the use of strengths-based approaches has become increasingly popular in youth intervention and prevention programs (Maton et al., 2004), which emphasize creating emotionally safe environments through the process of relational community building (Maton, 2000). However, relatively little is known about the relationship between group composition, specifically similarity between group members, and emotional safety and program efficacy. This thesis examines the relationship between adolescent males' similarity to their peers in terms of their demographic profiles and behaviors and belief systems, experiences of emotional safety, and changing behaviors and belief systems in a strengths-based intervention program within Ohio juvenile …

Guns And Membership In The American Polity, Pratheepan Gulasekaram

Faculty Publications

This Article elucidates the symbolic importance of citizenship distinctions in gun rights, contemplating how the American polity views itself and outsiders, and discussing the dynamics of intergroup and interpersonal interactions in the American Republican tradition.

Par In Parem Imperium Non Habet, Beth Van Schaack

Faculty Publications

The principle of complementarity undergirds the International Criminal Court’s admissibility regime. And yet, in the negotiations leading up to the 2010 Review Conference in Kampala, Uganda, delegates did not fully focus on the potential for the addition of the crime of aggression to destabilize the Court’s complementarity regime. The only guidance from the ASP came in the form of two interpretive Understandings that express a subtle preference that States Parties not incorporate the crime into their domestic codes. If States Parties heed this call - which they should - the Court will inevitably be faced with situations in which there …