Digital Commons Network^™

The World Bank And Judicial Reform: Overcoming “Blind Spots” In The Approach To Judicial Independence, Roberto Laver

Duke Journal of Comparative & International Law

No abstract provided.

Identity, Privacy And Crime: Privacy And Public Records In Florida, Martin A. Holland

University of Florida Journal of Law & Public Policy

No abstract provided.

Dimensions Of Resiliency: Essential Resiliency, Exceptional Recovery And Scale., Shirley Laska

CHART Publications

Not only is resiliency a term with a myriad of definitions microscopically specified by a wide variety of social and bio/physical scientists and practitioners, it is also incredibly complicated even when treated by individual academic/government/non-profit and business practitioners who are convinced that they have the perfect definition. By then linking the concepts of infrastructure and community to resiliency, not only does additional complexity emerge but also a powerful imperative to examine the basics necessary to achieve resiliency within these interrelated concepts. The lens of the applied academic observer situated at ‘ground zero’ for not only one but two major catastrophes …

Unpacking The First Prong Of The Strickland Standard: How To Identify Controlling Precedent And Determine Prevailing Professional Norms In Ineffective Assistance Of Counsel Cases, Gary Feldon, Tara Beech

University of Florida Journal of Law & Public Policy

No abstract provided.

Department Of Regional Development And Lands Annual Report 2011-2012, Department Of Primary Industries And Regional Development

Western Australian Regional Development Trust Annual Reports

RDL is responsible for:

• Administering and managing Western Australia’s Crown land estate and pastoral leases

• Delivering the $6.5 billion Royalties for Regions program

• Ensuring that challenges and opportunities in regional Western Australia are addressed by clear and comprehensive legislation, policies and procedures.

Portrait Of A Judge: Judith S. Kaye, Dichotomies, And State Constitutional Law, Susan Herman

Faculty Scholarship

No abstract provided.

Adversarial No More: How Sua Sponte Assertion Of Affirmative Defenses To Habeas Wreaks Havoc On The Rules Of Civil Procedure, Katherine Macfarlane

Journal Articles

In every federal civil case, a defendant must raise its affirmative defenses in the pleading that responds to a plaintiff's complaint. According to Federal Rule of Civil Procedure 8(c), failure to properly plead, for example, a statute of limitations defense, waives the defense for good. Rule 8(c) does not exempt any category of affirmative defense, nor does it forgive unintentional omissions of certain defenses. It also does not prefer governmental defendants to others. Yet in habeas corpus cases, the most significant affirmative defenses to habeas petitions need not comply with Rule 8(c). Instead, federal courts may raise the affirmative defenses …

Indigenous Secondary Education: What Implications For Counsellors Lie In The Stories Of Indigenous Adults, Who As Children, Left Their Home Communities To Attend School?, Suzanne Jenkins

Theses

Education is the great engine of personal development. It is through education that the daughter of the peasant can become a doctor, that the son of a mineworker can become the head of the mine, that the child of a farm worker can become the president of a great nation. Nelson Mandela

Access to a ‘good’ education is often argued as deserving of the highest priority. The available research pertaining to the educational experience of Australian Indigenous students, however, too often reflects a picture of profound disadvantage, particularly in relation to their non-Indigenous counterparts. In 2008, Prime Minister Rudd announced …

Reflections From The International Criminal Court Prosecutor, Fatou B. Bensouda

Vanderbilt Journal of Transnational Law

Today I would like to introduce the idea of a new paradigm in international relations, which was introduced by the work of the drafters of the Rome Statute and the establishment of the International Criminal Court (ICC): this idea is that of law as a global tool to contribute to the world's peace and security. This idea first surfaced with the belief that the power of law has the capacity to redress the balance between the criminals who wield power and the victims who suffer at their hands. Law provides power for all regardless of their social, economic, or political …

Overcoming Overcriminalization, Stephen F. Smith

Journal Articles

The literature treats overcriminalization (and, at the federal level, the federalization of crime) as a quantitative problem. Legislatures, on this view, have simply enacted too many crimes, and those crimes are far too broad in scope. This Article uses federal criminal law as a basis for challenging this way of conceptualizing the overcriminalization problem. The real problem with overcriminalization is qualitative, not quantitative: federal crimes are poorly defined, and courts all too often expansively construe poorly defined crimes. Courts thus are not passive victims in the vicious cycle of overcriminalization. Rather, by repeatedly interpreting criminal statutes broadly, courts have taken …

The Paradox Of Political Power: Post-Racialism, Equal Protection, And Democracy, William M. Carter Jr.

Emory Law Journal

Racial minorities have enjoyed increasing electoral success in recent years, while continuing to rank at or near the bottom in terms of health, wealth, income, education, and the effects of the criminal justice system. Some observers, including some members of the Supreme Court, have pointed to evidence of isolated electoral success as proof of "post-racialism," while ignoring the evidence of substantial continued disparities for the vast majority of people of color.

Finding A Forum For North Korea, Morse H. Tan

SMU Law Review

No abstract provided.

Poor Parenting And Antisocial Behavior Among Homeless Young Adults : Links To Dating Violence Perpetration And Victimization, Kimberly A. Tyler, Lisa Melander

Department of Sociology: Faculty Publications

Though research has examined risk factors associated with street victimization among homeless young people, little is known about dating violence experiences among this group. Given homeless youths’ elevated rates of child maltreatment, it is likely that they are at high risk for dating violence. As such, the current study examined the association between child maltreatment and parental warmth with dating violence perpetration and victimization through substance use and delinquency among a sample of 172 homeless males and females. Results from path analysis revealed that physical abuse, sexual abuse, and neglect were all significant correlates of both substance use and delinquency, …

Enhancing Elementary School Prevention Program Implementation Through Influential Contextual Factors, Alice Schmidt Hanbidge

Theses and Dissertations (Comprehensive)

A current gap in the literature exists with regard to formulating a holistic view of contextual factors involved in school-based prevention programming implementation. The purpose of this grounded theory study is to further explore how multilevel ecological and cross-system factors influence prevention program implementation. This study builds on development of a theory to guide the practices for preventive program implementation with fidelity. The Integrated Program (IP) conceptual framework, initiated in an earlier paper (Schmidt Hanbidge, 2009) identified key program contextual and motivational factors that critically influence prevention program implementation. Taken from an ecological perspective, the IP framework incorporates multi-levels of …

Learning From The Unique And Common Challenges: Clinical Legal Education In Jordan, Nisreen Mahasneh, Kimberly A. Thomas

Articles

Legal education worldwide is undergoing scrutiny for its failure to graduate students who have the problem-solving abilities, skills, and professional values necessary for the legal profession.1 Additionally, law schools at universities in the Middle East have found themselves in an unsettled environment, where greater demands for practical education are exacerbated by several factors such as high levels of youth unemployment. More specifically, in Jordan there is a pressing need for universities to respond to this criticism and to accommodate new or different methods of legal education. Clinical legal education is one such method.3 We use the term "clinical legal education" …

Do Sex Offender Registries Make Us Less Safe?, J. J. Prescott

Articles

State legislatures enacted sex offender registration and notification (SORN) laws with the explicit and exclusive aim of reducing sex offender recidivism. The general idea that we ought to “regulate” released offenders — of any type — to reduce the likelihood of their returning to crime is an attractive one, at least in theory. Criminal recidivism generates significant social harm. Nevertheless, despite their now-widespread use, SORN laws became the norm without any systematic study of their consequences. Admittedly, the logic underlying these laws seems at first difficult to gainsay: if a known sex offender poses even a small risk to a …

When Federal And State Systems Converge: Foreign National Human Trafficking Victims Within Juvenile And Family Courts, Bridgette A. Carr

Articles

This article highlights the concerns facing foreign national children who are both victims of human trafficking and under the jurisdiction of juvenile and family courts. Human trafficking is modern day slavery in which individuals, including children, are compelled into service and exploited. Foreign national human trafficking victims in juvenile and family court systems must navigate both the state system and a complex federal immigration system. This article explains the federal benefits available to these children and identifies the best practice approaches for juvenile and family court systems to increase identification of and support for foreign national child trafficking victims.jfcj_1073

The Rise, Decline And Fall(?) Of Miranda, Yale Kamisar

Articles

There has been a good deal of talk lately to the effect that Miranda1 is dead or dying-or might as well be dead.2 Even liberals have indicated that the death of Miranda might not be a bad thing. This brings to mind a saying by G.K. Chesterton: "Don't ever take a fence down until you know the reason why it was put up."4

Preface To Vol. 10, John Shuford

Journal of Hate Studies

I am pleased to offer you Volume 10 of the Journal of Hate Studies (JHS), which is devoted to the theme “Hate and Political Discourse.” This is, in many ways, a special volume, and 2012-2013 is a special year too. We celebrate the 125th Anniversary of Gonzaga University, the Centennial Anniversary of the Gonzaga University School of Law, the 15th Anniversary of the Institute for Hate Studies, and the 10th Anniversary of the JHS. We mark these special occasions with the present volume and a special symposium held in Washington, DC in September 2012 to accompany this volume.

Admissions Viewbook, 2012-2013, Illinois State University, Office Of Admissions

Admissions Viewbook

Recruitment booklet created by Illinois State University's Office of Admissions

2012-2013 Lindenwood University Undergraduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Undergraduate Course Catalog

The Use Of Mediation As A Complement To The Integrated Domestic Violence Courts Of New York, Lauren K. Williams

Cardozo Journal of Conflict Resolution

In 2001, New York created the Integrated Domestic Violence Courts in order to more efficiently and more comprehensively address domestic violence cases. Domestic violence cases that were formerly spread out between two or three different courts can now be resolved in front of one judge. While this new court does minimize the hassle for the parties involved in the dispute and does eliminate inconsistent rulings by different judges in different courts, this new court structure does not address some problems that have existed with courts' approaches to resolving domestic violence. These problems include (1) that abusers can often afford to …

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 31 (2012)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Patient Racial Preferences And The Medical Culture Of Accommodation, Kimani Paul-Emile

Faculty Scholarship

One of medicine’s open secrets is that patients routinely refuse or demand medical treatment based on the assigned physician’s racial identity, and hospitals typically yield to patients’ racial preferences. This widely practiced, if rarely acknowledged, phenomenon — about which there is new empirical evidence — poses a fundamental dilemma for law, medicine, and ethics. It also raises difficult questions about how we should think about race, health, and individual autonomy in this context. Informed consent rules and common law battery dictate that a competent patient has an almost-unqualified right to refuse medical care, including treatment provided by an unwanted physician. …

Cognitive Maps And The Confidence-Accuracy Relation In Eyewitness Identification, Hannah Mazoe Paul

Honors Program Theses

Cognitive maps are map-like representations of a spatial environment. Eyewitnesses are often asked to create a cognitive map of a crime scene so that it can be submitted as evidence in a criminal trial. Another key piece of evidence provided by an eyewitness is a description of the perpetrator which is used to acquire eyewitness identification. To the best of our knowledge, the correlation between cognitive maps and eyewitness identification has never been empirically investigated. The present study asserts the hypothesis that complex cognitive maps are positively correlated with correct eyewitness identifications. This hypothesis has been formulated off previous research …

Effect Of Birth Order Placement On Tendency Toward General Deviance, Nichole Rae Reese

Honors Program Theses

Most of the research conducted on birth order placement has dealt with characteristics such as ambition, responsibility, leadership, athleticism, and so on. I focused my research on the effect of birth order placement on a tendency toward committing general deviant acts. I reviewed and analyzed previous research regarding this topic conducted by researchers and social scientists. I then conducted my own research study by administering a general deviance questionnaire to forty University of Northern Iowa students. After analyzing the survey results using the data analysis program, SPSS, I found that my hypothesis of firstborn individuals committing less general deviant acts …

Brazil As A Regional And International Leader, Justin Ferber

Dissertations and Theses

Brazil's critical role in South American integration and political crisis management in Latin America, as well as its increasing power in international trade, finance, and security underscorethat Brazil influence over regional and international affairs.This thesis argues that Brazil has leveraged its economic strength and soft power—which it derives from its successful domestic social policies and distinguished diplomatic history of promoting international cooperation and peaceful conflict—to project regional and international leadership.

Reducing False Positive Feigning Classifications On The Sirs Among Criminal Defendants With A History Of Trauma, Lea Corconan

Dissertations and Theses

Clinical research has demonstrated that individuals with a traumatic history elevate scales on the Structured Interview of Reported Symptoms (SIRS; Rogers, Bagby, & Dickens, 1992) leading to their misclassification as malingerers. Rogers, Payne, Correa, Gillard, and Ross (2009) created the trauma index (TI) by summing 3 SIRS scales to reduce the number of false positives in a severely traumatized sample. The TI was included as an additional criterion in determining feigning. The TI has not been studied using a forensic sample. Fifty-one adult male criminal defendants were identified as malingering by the SIRS with a final sample of 5 definite …

Sensation Seeking, Early Pregnancy And Criminal Justice System Involvement Among Latino Youth, Jillian Jankie

Dissertations and Theses

The present study examined the relationship between the level of sensation seeking, early pregnancy, and criminal justice system involvement among Latino youth. It is a secondary analysis of data that comes from the Boricua Youth Study, an ongoing longitudinal study of Puerto Rican children and preadolescents living in the South Bronx and Puerto Rico. In the current analysis, data were analyzed on 69 participants who had completed measures of sensation seeking, pregnancy and arrests to predict whether sensation seeking would predict arrests and pregnancy at the second time period. Sensation seeking was evaluated at baseline. Early pregnancy and criminal justice …

The Post-Conflict Reconciliation Process; Truth Commissions, Tomoe Nakagawa

Dissertations and Theses

"Since the end of the Cold War, our world has seen an increase in intra-state conflict and the emergence of the notion of state accountability for the treatment of their citizens. Furthermore, sovereign states increasingly see that it is in their interest to apply the rule of law and human rights norms beyond their borders. While peace building efforts have been achieved through criminal prosecutions, truth commissions, reparation programs, and vetting, a truth commission, in particular, has been progressively used in the past decade as one aspect of transitional justice measures. This increase in use illustrates its popularity in handling …