Digital Commons Network^™

Killing For Possession And Killing For Survival: Gender And The Criminal Law Of Provocation And Self-Defense, Danielle Rosiejka

Student Works

No abstract provided.

Not The New Pornographers: Protecting Sexting Teens From Overzealous Prosecutors And Themselves, Jenna R. Minor

Student Works

No abstract provided.

Gender & Sexuality In The Aba Standards On The Treatment Of Prisoners, Margaret Colgate Love, Giovanna Shay

Faculty Scholarship

Over the past three decades, commentators, advocates, and corrections experts have focused increasingly on issues of gender and sexuality in prison. This is due in part to the growing number of women in a generally burgeoning American prison population. It is also attributable to efforts to end custodial sexual abuse and prison sexual violence, which have focused attention on issues relating to women and LGBT prisoners. Also, in part, this heightened attention reflects the influence of growing free-world social movements emphasizing the "intersectionality" of multiple forms of subordination and seeking to secure fair treatment of gay and transgender people.

This …

The Dangers Of Reform: Normal Life: Administrative Violence, Critical Trans Politics, And The Limits Of Law, Jennifer L. Levi, Giovanna Shay

Faculty Scholarship

Professors Jennifer Levi and Giovanna Shay review Dean Spade's new book "Normal Life: Administrative Violence, Critical Trans Politics, and the Limits of Law." They argue that Professor Spade's theoretical approach, which he describes as "critical trans politics," is most useful when employed to analyze issues relating to criminal punishment and mass incarceration, and that it is less appropriate as a critique of the marriage equality movement. Despite some areas of disagreement with Professor Spade, the Authors conclude that the book makes an important contribution.

The Politics Of Justice: Navigating The Waters Between Legal Efficacy And Racial Profiling In The State Of Maine, Joseph G.E. Gousse

All Theses And Dissertations

This thesis examines the issue and causal factors of racial disparity in Maine’s contemporary penal system. More pointedly, this thesis examines the ways in which contemporary Maine society functions to procure the causal factors responsible for conditioning racial minorities as “criminalized” populations, thus stimulating overrepresentation in the criminal justice system. This thesis focuses on Native American populations in the state of Maine and the historical, socio-economic, political, and legal ways in which the state has interacted with and subsequently disenfranchised them. Through a comparative examination of the work of legal scholar Michelle Alexander, the well-established argument of the American racial …

A World Made Of Violence And Misery: Human Rights As A Failed Project Of Liberal Internationalism, Ibrahim J. Gassama

Brooklyn Journal of International Law

No abstract provided.

Lines And Flows: The Beginning And End Of Borders, Alan Bersin

Brooklyn Journal of International Law

No abstract provided.

Globalization Of Securities Enforcement: A Shift Toward Enhanced Regulatory Intensity In Brazil's Capital Market, Eugenio J. Cardenas

Brooklyn Journal of International Law

No abstract provided.

The U.S. Securities Fraud Class Action: An Unlikely Export To The European Union, Manning Gilbert Warren Iii

Brooklyn Journal of International Law

No abstract provided.

Rule Of Law Operations In The Combat Environment: A Judge Advocate's Perspective As A Legal Mentor, Thomas J. Bogar

Brooklyn Journal of International Law

No abstract provided.

Lafler V. Cooper And Aedpa, Nancy J. King

Vanderbilt Law School Faculty Publications

The Supreme Court in Missouri v. Frye1 and Lafler v. Cooper2 broke new ground by holding for the first time that a defendant’s right to the effective assistance of counsel under the Sixth Amendment can be violated by the loss of a favorable plea deal. Less noted, but also worthy of attention, are Lafler’s implications for federal habeas law. Four Justices protested that the Lafler decision violated the federal habeas statute. At the least, the decision expanded habeas review in unexpected ways. Lafler presented the Supreme Court with an unusual opportunity to declare new doctrine on habeas review

The Class Differential In Privacy Law, Michele Estrin Gilman

Brooklyn Law Review

No abstract provided.

Shot Through The Heart: The Fda Gives All Health Care Company Executives A Bad Name Under The Controversial Strict-Liability Misdemeanor Provision Of The Federal Food, Drug, And Cosmetic Act, Kimberly Bolte

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.

"Sell's" Conundrums: The Right Of Incompetent Defendants To Refuse Anti-Psychotic Medication, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The Supreme Court's 2003 decision in Sell v. United States declared that situations in which the state is authorized to forcibly medicate a criminal defendant to restore competency to stand trial "may be rare." Experience since Sell indicates that this prediction was wrong. In fact, wittingly or not, Sell created three exceptions to its holding (the dangerousness, treatment incompetency, and serious crime exceptions) that virtually swallow the right to refuse. Using the still-on-going case of Jared Loughner as an illustration, this essay explores the scope of these exceptions and the dispositions available in those rare circumstances when none of them …

The Development Of Domestic Violence As A Legal Field: Honoring Clare Dalton, Elizabeth M. Schneider, Cheryl Hanna

Journal of Law and Policy

No abstract provided.

The Confrontation Clause And Expert Testimony: Recent Developments In The Supreme Court And The New York State Court Of Appeals, Andrew C. Fine

Journal of Law and Policy

No abstract provided.

Confrontation Clause Curiosities: When Logic And Proportion Have Fallen Sloppy Dead, Randolph N. Jonakait

Journal of Law and Policy

No abstract provided.

Confrontation And Kabuki, David Alan Sklansky

Journal of Law and Policy

No abstract provided.

Failing To Realize Nicholson'S Vision: How New York's Child Welfare System Continues To Punish Battered Mothers, Jaime Perrone

Journal of Law and Policy

No abstract provided.

Padilla V. Kentucky: Bending Over Backward For Fairness In Noncitizen Criminal Proceedings, Alison Syre

Journal of Law and Policy

No abstract provided.

Neuroscience And The Child Welfare System, Clare Huntington

Journal of Law and Policy

No abstract provided.

Assessing Public Health Strategies For Advancing Child Protection: Human Trafficking As A Case Study, Jonathan Todres

Journal of Law and Policy

No abstract provided.

Using Community-Based Participatory Research To Study The Relationship Between Sources And Types Of Funding And Mental Health Outcomes For Children Served By The Child Welfare System In Ohio, Susan Vivian Mangold, Catherine Cerulli, Gregory Kapcar, Crystal Ward Allen, Kim Kaukeinen, Hua He

Journal of Law and Policy

No abstract provided.

Remarks Delivered On April 13, 2012 To The Brooklyn Law School Symposium On Reforming Child Protection Law: A Public Health Approach, Hon. Edwina Richardson-Mendelson

Journal of Law and Policy

No abstract provided.

The Phantom Defense: The Unavailability Of The Entrapment Defense In New York City "Plain View" Marijuana Arrests, Ari Rosmarin

Journal of Law and Policy

No abstract provided.

Tormented: Antigay Bullying In Schools, Ari Ezra Waldman

Articles & Chapters

This Article begins a theoretical and empirical discussion on bullying and cyberharassment of all students, but particularly gay and lesbian youth. Despite the recent spate of bullying-related suicides, I argue that antibullying proposals that include harsh criminal punishments for egregious cases of bullying and cyberbullying in schools lack validity as a matter of legal theory and practice. In fact, it is what makes criminalization so initially attractive — that is, the public’s emotional and retributive need for punishments equal to bullying tragedies — that ultimately leaves the proposal devoid of reason. Criminalization proposals only satisfy retributive aims and are unlikely …

Factors Associated With Abstinence Among Older Opiate Users, Julie Ann Snyder

Theses and Dissertations

Factors associated with the achievement of abstinence were examined among 343 opiate addicted older adults (average age 56.5 years old) who were participants in longitudinal studies conducted by Anglin and colleagues. Participants' responses to survey questions on factors such as physical health status, mental health status, gender, social support, and Alcoholics Anonymous (AA) involvement were investigated to examine their association with achievement of short-term abstinence (defined as no illicit substance use within the past 30 days) and long-term abstinence (defined as no illicit substance use within the past year). Logistic regression analysis was conducted to determine the nature and strength …

Front Matter

SMU Law Review

No abstract provided.

Due Process And Counterterrorism, Amos N. Guiora

Emory International Law Review

Counterterrorism--like terrorism--is a reality. Nations have the absolute obligation and right to protect innocent civilians against those seeking to harm them. However, implementation of counterterrorism obligations must be tempered by due process. The essence of democracy is granting--and protecting--the civil and political rights of attacker and attacked alike. Failure to provide due process to individuals suspected of involvement in terrorism leads a society down a slippery slope from which there is no return.

Comorbidity Of Psychopathy In Schizotypy: Skin Conductance To Affective Pictures, Kathleen A. Ragsdale

Electronic Theses and Dissertations

Prior research substantiates a relationship between psychopathy and schizophrenia-spectrum disorders, which has begun to elucidate why some individuals with schizophrenia are violent. Unfortunately, this relationship has been limited to self-report. To objectively corroborate this finding, undergraduate students were recruited from an online screening administration of the Schizotypal Personality Questionnaire. This resulted in 56 participants (52% male) with a mean age of 20.37 (SD = 4.74) and a wide range of schizotypy scores who participated in the experiment. Following completion of self-report measures, participants viewed 15 pictures (five neutral, five threatening, and five of others in distress) from the International Affective …