Digital Commons Network^™

Transfer Of Juveniles To Criminal Court: A Case Study And Analysis Of Prosecutorial Waiver, Donna M. Bishop, Charles E. Frazier

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Cracking Down On Juveniles: The Changing Ideology Of Youth Corrections, Martin L. Forst, Martha-Elin Blomquist

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Foreword, Edward A. Malloy

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Drug-Related Crime And Addicted Offenders: A Proposed Response, Karen A. Klocke

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Not Thinking Like A Lawyer: The Case Of Drugs In The Courts, Steven Wisotsky

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Nuremberg And American Justice, Matthew Lippman

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

How Television News Affects Voters: From Setting Agendas To Defining Standards, Shanto Iyengar

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Bridging The Great Divide: A Response To Linda Greenhouse And Reva B. Siegel's Before (And After) Roe V. Wade: New Questions About Backlash, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

This essay discusses the history of Roe v. Wade as recently addressed by Linda Greenhouse and Reva B. Siegel. Going beyond their assertions, I suggest that an additional, more encompassing inquiry focuses on what factors are implicated in the politics of abortion and how these factors relate to larger social, political, and cultural conflicts both before and after Roe. By naming party politics and the Catholic Church, Greenhouse and Siegel posit two crucial elements that shaped the abortion debate. I assert, however, that what is not discussed in their Article is the way numerous other factors have figured into the …

'Other Spaces' In Legal Pedagogy, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

There is an increasing focus upon the material and metaphoric spatial dimensions of various academic disciplines, including law. This essay considers the spatial dimensions of legal pedagogy, focusing on Critical Race Theory (CRT). The essay first explains the “critical program” in law and how CRT grows out of it. The essay then suggests that the critical program, and especially CRT, is as much a human geographic or spatial construct as it is a social, political or historic one, and briefly describes the nature of human geography and legal geography. It next considers how metaphors for understanding CRT’s position in legal …

Remedying Wrongful Execution, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

The first legal determination of wrongful execution in the United States may very well be in the making in Texas. One of the state’s district courts is in the midst of investigating whether Cameron Todd Willingham, who was executed in 2004, was actually innocent. The court’s investigation has been interrupted by objections from Texas prosecutors, but if the court proceeds, this may very well become a bona fide case of wrongful execution. Texas, just like other jurisdictions, is ill equipped to provide any relief for such an egregious wrong, however. This Article identifies the difficulties that the heirs, families, and …

Correspondents' Reports, Chris Jenks

Faculty Journal Articles and Book Chapters

This correspondent report compiles examples of where and how the United States demonstrated its compliance with international humanitarian law by prosecuting its service members in 2012.

Policing International Prosecutors, Jenia I. Turner

Faculty Journal Articles and Book Chapters

A recurring question in international criminal procedure is how to ensure that prosecutors are held accountable for their errors and misconduct. When International Criminal Court (ICC) judges encountered the first serious error by the prosecution in Prosecutor v. Lubanga, they opted for an absolutist approach to remedies: the judges stayed the proceedings and ordered the release of the defendant. Although termination of the case was avoided through the intervention of the Appeals Chamber, the standoff between the judges and the prosecution highlighted the dilemmas that the ICC faces in these circumstances. To protect the integrity of its proceedings, the court …

The Expressive Dimension Of Eu Criminal Law, Jenia I. Turner

Faculty Journal Articles and Book Chapters

Over the last decade, the European Union has begun actively legislating in the area of criminal justice. The 2009 Treaty of Lisbon expressly acknowledged the EU’s authority to pass criminal laws with respect to certain serious offenses with a cross-border dimension. This explicit grant of powers is the culmination of a remarkable evolution in the European Union’s identity — from an organization devoted primarily to economic integration to a political union that increasingly resembles a federal state.

This Article argues that the EU has used its powers to criminalize not only to address practical needs, but also to reaffirm its …

Prosecutors And Bargaining In Weak Cases: A Comparative View, Jenia I. Turner

Faculty Journal Articles and Book Chapters

One of the most controversial uses of prosecutorial discretion in plea bargaining concerns cases involving weak evidence of guilt. When a prosecutor bargains about the charges or even the facts in a case with weak evidence, at least three problems may arise. First, if the charge bargain is generous, it may coerce an innocent defendant to plead guilty. Second, such a bargain may let a guilty defendant off too easily, thus disserving the public and victim’s interests. Third, if the parties bargain about the facts, the result may distort the truth of the case.

In this book chapter, I examine …

Confrontation Control, Pamela R. Metzger

Faculty Journal Articles and Book Chapters

After Crawford v. Washington, 541 U.S. 36, 42 (2004), face-to-face confrontation between accused and accuser is the constitutionally normative mode of presentation for testimonial evidence. Yet, eight years into the Crawford revolution, courts routinely hold that counsel can waive a defendant's confrontation rights without even discussing the matter with the defendant. Why? Because counsel, not client, has the authority to decide whether to confront and cross-examine government witnesses.

This Essay, written as part of the Texas Tech Sixth Amendment Symposium, explores this peculiar and perplexing rule. If confrontation is essential to a constitutionally valid criminal trial, how can defense …

Content Analysis Of Conflict Resolution Curricula, Mary Smith

UNF Graduate Theses and Dissertations

Violence in schools in various forms has become recognizable. Awareness of this situation has resulted with proliferation of curricula for conflict education. The purpose of this study was to analyze conflict resolution curricula designed for five to eight year olds. The study examined three issues formulated from the review of related literature: time and space, skill building, and developmentally appropriate practices. The findings included time and physical space requirements for conflict resolution curricula, the suggested skills needed to peacefully resolve conflicts, and an evaluation of the developmentally appropriate activities in the curricula for early childhood ages 5-8.

The Use Of Uncounseled Tribal Court Convictions In Federal Court Under The Habitual Offender Provision Of The Violence Against Women Act: A Violation Of The Sixth Amendment Right To Counsel Or An Extension Of Comity?, Rebecca Zimmerman

Catholic University Law Review

No abstract provided.

Beyond Caperton: “Public Confidence” In Courts And Close Relationships Between Judges And Jurors, Byron C. Lichstein

Catholic University Law Review

No abstract provided.

Perceiving And Reporting Domestic Violence Incidents In Unconventional Settings: A Vignette Survey Study, Hadar Aviram, Annick Persinger

Faculty Scholarship

No abstract provided.

Pornography And Human Trafficking: The Beliefs Of The Effects Of Personal Pornography Use, Chelsea M. Thompson

Senior Honors Theses

Each individual has different beliefs about the effects of pornography use in relation to the self, a romantic relationship, the family, and society as a whole. There is research that shows pornography tends to negatively affect these areas of life and there is also evidence for some human trafficking occurring within the pornography industry. Thus, the ultimate goal of this thesis is to not only assess what people believe about those involved in the pornography industry, but to test whether information about the pornography industry might change people’s beliefs about their personal pornography use. Human nature tends to not equate …

High School Graduation And Dropout Rates In Nevada, Tiffany G. Tyler, Sandra D. Owens

Social Health of Nevada Reports

The causes and consequences of high school dropout rates are multifaceted and of great importance to society, and that is why this problem has been the subject of close scrutiny by educators, researchers, administrators, politicians and laypersons. Experts do not always agree on the nature of this social problem, but they have pinpointed its economic and social costs, identified key risk factors, and outlined most promising policy options for improving high school graduation rates in our society.

Crime And Delinquency In Nevada, Brooke M. Wagner, Andrew L. Spivak, Stephanie L. Kent, Deborah Koetzle

Social Health of Nevada Reports

Crime and justice system have received much attention from American scholars and politicians in the last than 50 years, with issues in adult criminality, delinquency, and penology emerging at the center stage of criminological inquiry. While scholarly literature now includes many studies focused on different regions and cities, there are no large-scale empirical examinations of crime and delinquency in Nevada. One exception is the Social Health of Nevada report issued in 2006 by University of Nevada, Las Vegas (UNLV) Center for Democratic Culture (CDC).

Child Abuse And Neglect In Nevada, Ramona W. Denby

Social Health of Nevada Reports

Child maltreatment in Nevada reflects the general social, economic, and health conditions within the state and its local communities. This chapter starts with various definitions of child abuse and neglect, focusing on the approach adopted by Nevada legislators and comparing it to competing definitions. Next, this report examines child abuse and neglect rates in Nevada and tracks the progress the state has made towards achieving its goals related to child welfare outcomes, including child protection and safety, child permanency, and child well-being. After that, the discussion moves to the most promising child welfare intervention practices and approaches. Finally, the chapter …

Problem Gambling And Treatment In Nevada, Bo Bernhard, Sarah St. John

Social Health of Nevada Reports

For many years, it was moral experts, rather than medical and academic ones, who told us who gambled “too much.” Speaking from pulpits rather than podiums, church leaders informed us that gambling was uniquely subversive of the American way of life, for its something-for-nothing promise threatened to undermine the popular ethic of honest toil and gradual accumulation of goods. Samuel Hopkins, in an 1835 sermon on “The Evils of Gambling,” captured this sensibility: “Let the gambler know that he is watched, and marked; and that . . . he is loathed. Let the man who dares to furnish a resort …

Religion And Spirituality In Nevada, Ariane G. Mitchum, Michael Ian Borer

Social Health of Nevada Reports

Across the world, religion is integral to society insofar it shapes people’s thoughts, behaviors, and interactions. What exactly the term “religion” means, however, is far from clear-cut, as it continues to be a highly charged topic of discussion and debate, a subject that many hold dear and near to their hearts.

Sex Industry And Sex Workers In Nevada, Jennifer Heineman, Rachel T. Macfarlane, Barbara G. Brents

Social Health of Nevada Reports

Las Vegas has long been known as the symbolic center of the commercial sex industry. Nevada is host to the only legal system of prostitution in the United States. From the early legalization of quickie divorce and marriage to the marketing of its large resorts, sexuality has been a key component of Nevada’s tourist economy. If trends continue, for good or for ill, the sex industry will be an even larger part of the economy in the future.

Tracking The Constitution - The Proliferation And Legality Of Sex-Offender Gps-Tracking Statutes, Eric Dante

Seton Hall Law Review

No abstract provided.

An Examination Of The Varying Role Of The United Nations In The Civil Wars Of Rwanda And El Salvador, Vanessa Jaramillo-Cano

Calvert Undergraduate Research Awards

The purpose of this work is to examine the efforts of the United Nations in the Post-Cold War era with special emphasis on peacekeeping missions. A comparative study of recent United Nations peacekeeping operations will be completed to identify the variables that encourage or discourage international (UN) involvement in cases of civil conflict. For the purpose of this work, civil conflict will be narrowly defined as a domestic conflict with two major armed groups (ie: civil wars). Two countries will be studied to explore the nature of the respective conflicts, the transitional methods used by the peacekeeping mission to return …

Volume 04, Matt Szemborski, Phillip Van Ness, Sarah Croughwell, Sarah Mayfield, Alyssa Strackbein, Marley Kimmel, Stephanie Skipp, Jamie Yurasits, Katherine Taggart, Alex Leonhart, Kristen Rawls, Andrew Armes, Amanda Haymens, Allison Paqlowski, Erica May, Stephanie Lane, Luke Acree, Cassandra L. Wilson, Stephanie Pishock, Erica Hopson, K. Juston Osborne, Katheryn Grayson, Kyle Fowlkes, Jessica Cox, Kaity Byrum, John-Harwood Scott, Ashley Johnson, Samantha Hockman, Emily Staskiel, Nancy Macdonald, R. Kruger Bressin, Benjamin P. Bilodeau, Andrea Irby, Kristin Macquarrie, Sarah Bietsch, Elizabeth Bednar

Incite: The Journal of Undergraduate Scholarship

Please note that part of pages 92-95 are redacted, in the digital copy, due to a misprint of the original printed article.

Introduction from Dean Dr. Charles Ross

The Internal Other: Transculturation and Postcolonial Magical Realism in Rushdie’s Midnight’s Children by Matt Szemborski

Photography by Phillip Van Ness

Photography “Waterfall” by Sarah Croughwell

Romancing the Bite: Statistical Analysis of Young Adult Vampire Novels by Sarah Mayfield

Photography by Alyssa Strackbein

Photography by Marley Kimmel

Wine and Society in the Viceroyalty of Peru by Stephanie Skipp

Analysis of Claud Monet’s Impression, Sunrise by Jamie Yurasits

Exploring Meaning: The Lindisfarne Gospels by …

Regulating The Sex Trade, John Avery

Student Works

No abstract provided.