Digital Commons Network^™

Terrorism Law Report, 2012 Winter, St. Mary's University School Of Law Center For Terrorism Law

Quarterly News

No abstract provided.

Corporate Security: Using Knowledge Construction To Define A Practising Body Of Knowledge, David Brooks

Research outputs 2012

Security is a multidimensional concept, with many meanings, practising domains, and heterogeneous occupations. Therefore, it is difficult to define security as a singular concept, although understanding may be achieved by its applied context in presenting a domicile body of knowledge. There have been studies that have presented a number of corporate security bodies of knowledge; however, there is still restricted consensus. From these past body of knowledge studies, and supported by multidimensional scaling knowledge mapping, a body of knowledge framework is put forward, integrating core and allied knowledge categories. The core knowledge categories include practise areas such as risk management, …

What A Load Of Hope: The Post-Racial Mixtape, Jeremiah Chin

Articles

This Comment analyzes how Supreme Court decisions and recent legislation have used the language of post-racialism to re-center whiteness through the law. Rather than using explicit racist language, the post-racial project exploits the language of historical antiracist efforts to negate experiences with discrimination while continuing a hostile environment for racial groups and promoting white supremacy in the United States.

Beginning with Supreme Court decisions on affirmative action, in Regents of the University of California v. Bakke and Grutter v. Bollinger, and school desegregation in Parents Involved in Community Schools v. Seattle School District No. 1, this Comment analyzes …

Rolling Back The Tide: Challenging The Criminalization Of Immigrants In Washington State, Angélica Cházaro

Articles

No abstract provided.

A Fresh Cut In An Old Wound–A Critical Analysis Of The Trayvon Martin Killing: The Public Outcry, The Prosecutors’ Discretion, And The Stand Your Ground Law, Tamara F. Lawson

Articles

If the Trayvon Martin/George Zimmerman case is to have value beyond its immediate facts, it is important to consider the case through a broad lens that encompasses law, politics, and culture and the relevant intersectionality of each. This essay gives a contextualized historical perspective with which to view the Black community’s reaction to the initial lack of criminal charges in the case. It explains why the circumstances surrounding Trayvon’s death were experienced as a fresh cut in an old, but deep, collective wound, for many Blacks. It addresses the exacerbation African Americans felt regarding law enforcement’s perceived indifference towards Trayvon, …

Apologies As Intellectual Property Remedies: Lessons From China, Xuan-Thao Nguyen

Articles

It is a frequent refrain that “the world is shrinking.” In this same vein, the global influence of China is clearly rising. Chinese businesses are becoming more prominent in the global market, and as such, the influence and effect of Chinese law is likewise gaining in import. Chinese intellectual property law is no different.

One notable aspect of Chinese intellectual property law is the availability of apology as a remedy. Despite a culture that places a high value on apology, and considerable legal scholarship and precedent regarding apology as remedy, many in the United States scoff at the notion of …

Rebellious State Crimmigration Enforcement And The Foreign Affairs Power, Mary Fan

Articles

The propriety of a new breed of state laws interfering in immigration enforcement is pending before the Supreme Court and the lower courts. These laws typically incorporate federal standards related to the criminalization of immigration ("crimmigration'), but diverge aggressively from federal enforcement policy. Enacting states argue that the legislation is merely a species of "cooperative federalism" that does not trespass upon the federal power over foreign affairs, foreign commerce, and nationality rules since the laws mirror federal standards. This Article challenges the formalist mirror theory assumptions behind the new laws and argues that inconsistent state crimmigration enforcement policy and resulting …

Answering The Call: Drug Courts In South Dakota, Jerome Eckrich, Roland Loudenburg

South Dakota Law Review

No abstract provided.

Roots

Roots

No abstract provided.

Al-Shabaab's American Recruits: A Comparative Analysis Of Two Radicalization Pathways, Matthew Wade Richardson

Open Access Theses & Dissertations

From 2005 to 2011, at least 41 Americans joined, or attempted to join, al-Shabaab, Somalia's preeminent terrorist organization. This thesis examines the radicalization process for al-Shabaab's American recruits by dividing the sample into two groups: non-Somali and Somali. The author employs causal flow diagramming as a means of visualizing each group's unique radicalization pathway. While most of the non-Somali recruits were motivated by political grievances and Salafism, most of the Somali recruits were motivated by identity conflict and nationalism. Considering al-Shabaab is both a religious and an ethno-nationalist terrorist organization, these results make sense. Radicalization within diaspora communities is a …

Adult Witness Credibility: Evidence For A Two-Factor Model, Abigail E. Moore

Open Access Theses & Dissertations

Previous research in the areas of social, expert witness, and child witness psychology has found evidence for a multiple factor model of witness credibility. While a multiple factor model has not yet been tested with adult witnesses who are not experts, results from previous credibility research suggest that there may be at least two components of adult witness credibility: perceived cognitive accuracy and perceived honesty. The current study utilized a 3 x 3 (Perceived Cognitive Accuracy [neutral, medium, low] x Perceived Honesty [neutral, medium, low]) design to assess effects on witness credibility, verdicts, and likelihood of commission scores. Participants were …

A Crisis In Federal Habeas Law, Eve Brensike Primus

Reviews

Everyone recognizes that federal habeas doctrine is a mess. Despite repeated calls for reform, federal judges continue to waste countless hours reviewing habeas petitions only to dismiss the vast majority of them on procedural grounds. Broad change is necessary, but to be effective, such change must be animated by an overarching theory that explains when federal courts should exercise habeas jurisdiction. In Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ, Professors Nancy King and Joseph Hoffmann offer such a theory. Drawing on history, current practice, and empirical data, King and Hoffmann find unifying themes …

Redemption From The Inside-Out: The Power Of Faith-Based Programming, Barbara H. Zaitzow, Richard S. Jones

Social and Cultural Sciences Faculty Research and Publications

Prisons are tense, cheerless, and often degrading places in which all inmates struggle to maintain their equilibrium despite violence, exploitation, lack of privacy, stringent limitations on family and community contacts, and a paucity of opportunities for meaningful education, work, or other productive activities. As a general matter, prisoners come to see prison as their home and try to make the most of the limited resources available in prison; they establish daily routines that allow them to find meaning and purpose in their prison lives, lives that might otherwise seem empty and hopeless. The resilience shown by prisoners should not be …

Managing The Socially Marginalized: Attitudes Towards Welfare, Punishment And Race, Darren Wheelock, Pamela Wald, Yakov Shchukin

Social and Cultural Sciences Faculty Research and Publications

Welfare and incarceration policies have converged to form a system of governance over socially marginalized groups, particularly racial minorities. In both of these policy areas, rehabilitative and social support objectives have been replaced with a more punitive and restrictive system. The authors examine the convergence in individual-level attitudes concerning welfare and criminal punishment, using national survey data. The authors' analysis indicates a statistically significant relationship between punitive attitudes toward welfare and punishment. Furthermore, accounting for the respondents' racial attitudes explains the bivariate relationship between welfare and punishment. Thus, racial attitudes seemingly link support for punitive approaches to opposition to welfare …

The Effects Of Defendant And Juror Language Use On Sentencing Recommendations, Victoria Christine Estrada

Open Access Theses & Dissertations

Spanish-language testimony is an extra-legal variable not widely studied in the legal psychology field. More emphasis has been placed on the translation of the testimony as well as accent attitudes. The current study extended research conducted by Stephan and Stephan (1986) to investigate the impact of Spanish-speaking defendants and mock-juror's language use and proficiency on sentencing recommendations. Two hundred and seventy-seven participants from the University of Texas at El Paso read a case vignette of a first-degree aggravated assault and asked were asked to provide sentence recommendations for the defendant. The defendant's testimony was presented in English or Spanish with …

Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Joshua Gupta-Kagan

Faculty Scholarship

The Fourth Amendment “special needs” doctrine distinguishes between searches and seizures that serve the “normal need for law enforcement” and those that serve some other special need, excusing non-law-enforcement searches and seizures from the warrant and probable cause requirements. The United States Supreme Court has never justified drawing this bright line exclusively around law enforcement searches and seizures but not around those that threaten important noncriminal constitutional rights.

Child protection investigations illustrate the problem: millions of times each year, state child protection authorities search families' homes and seize children for interviews about alleged maltreatment. Only a minority of these investigations …

The Texas Deterrence Muddle, Jeffrey A. Fagan, Amanda Geller, Franklin E. Zimring

Faculty Scholarship

The ongoing debate about capital punishment in the United States juggles several contentious questions. Innocence, cost, racial fairness, proportionality, retributivist calculus, and deterrence concerns thread a literature whose richness testifies to the endurance of capital punishment in American legal and political culture. For proponents of capital punishment, the connection between the moral and utilitarian or consequentialist positions trumps all other concerns: They suggest that if the death penalty can prevent – through the incapacitation of the offender and general deterrence of would-be killers – the loss of even one innocent life from murder, then execution is a morally justified or …

Politics And Prosecutions, From Katherine Fite To Fatou Bensouda, Diane Marie Amann

Scholarly Works

Based on the Katherine B. Fite Lecture delivered at the 5th Annual International Humanitarian Law Dialogs in Chautauqua, New York, this essay examines the role that politics has played in the evolution of international criminal justice. It first establishes the frame of the lecture series and its relation to IntLawGrrls blog, a cosponsor of the IHL Dialogs. It then discusses the career of the series' namesake, Katherine B. Fite, a State Department lawyer who helped draft the Charter of the International Military Tribunal at Nuremberg and who was, in her own words, a "political observer" of the proceedings. The essay …

Thirteenth Amendment Optimism, Jamal Greene

Faculty Scholarship

Thirteenth Amendment optimism is the view that the Thirteenth Amendment may be used to reach doctrinal outcomes neither specifically intended by the Amendment's drafters nor obvious to contemporary audiences. In prominent legal scholarship, Thirteenth Amendment optimism has supported constitutional rights to abortion and health care and constitutional powers to prohibit hate speech and domestic violence, among other things. This Essay examines the practical utility of Thirteenth Amendment optimism in the face of dim prospects for adaption by courts. The Essay argues that Thirteenth Amendment optimism is most valuable, both historically and today, as a means of motivating the political process …

The Offline Defense Of The Internet: An Examination Of The Electronic Frontier Foundation, Johnny Nhan, Bruce A. Carroll

SMU Science and Technology Law Review

No abstract provided.

Judicial Challenges To Mandatory Minimum Sentences: A New Frontier In Debate Over Child Pornography Sentencing?, Mary Graw Leary

Scholarly Articles

Over the past decade, federal sentencing issues concerning child pornography have produced considerable legal debate, much of it focused on the application of federal sentencing guidelines as set forth by the United States Sentencing Commission (U.S.S.C.). Many judges have opined that the factors used to calculate the adjusted offense level for some child pornography offenses may be out of date, impracticable, and/or in conflict with 18 U.S.C. 3553(a), which requires, among other things, “just punishments.” Particular concerns have been expressed that strict application of the sentencing guidelines can produce results in which possessors of child pornography (i.e. those who commit …

January Roundtable: Crime And Human Rights In Brazil: The Police Pacification Units, Introduction, Claudia Fuentes Julio

Human Rights & Human Welfare

An annotation of:

“Brazil slum raids impress, but what's the impact?” By Bradley Brooks. Huffington Post, November 14, 2011.

A Qualitative Exploration Of African American Men's Attitudes Toward Marriage, Rabiatu Barrie

Dissertations

The decline in the rate of marriage in the African American community has been documented in both the empirical literature and pop culture. Initially researchers postulated that the upward mobility of African American women had diminished their to marry, but studies found opposing evidence to that theory and so the focus switched to African American men. Early studies about African American men and marriage indicated that the sex-ratio imbalance, the educational disparity between African American men and women that leads to economic frailty was the major cause of the disparity in marriage (James et al 1999, Davis, Emerson, & Williams, …

Intimate Partner Violence As A Risk Factor For Ptsd In Female Survivors Of Domestic Violence: A Meta-Analysis, Selena Tramayne

Dissertations

The purpose of this dissertation was to conduct two meta-analyses investigating the relationship between intimate partner violence (IPV) and Posttraumatic Stress Disorder (PTSD) symptomatology in female survivors of domestic violence. The first meta-analysis investigated the relationship between physical violence and PTSD symptomatology while the second meta-analysis investigated the relationship between psychological abuse and PTSD symptomatology. A moderator variable, recruitment setting, was investigated to see whether recruitment setting changed the relationship between physical violence and PTSD symptomatology and/or the relationship between psychological abuse and PTSD symptomatology. For both meta-analyses, a medium to large effect size was found. Recruitment setting was not …

Promising Criminal Justice Practices In Human Trafficking Cases: A County-Level Comparitive Overview (2005-2010) With An Emphasis On Cases Involving Children, Angela Inzano

Center for the Human Rights of Children

The aim of the project is to review and analyze other similarly sized counties as Cook County, with large, metropolitan centers across the country, in order to identify best practice, challenges and efforts that have led to successful case outcomes. This research project identifies and synthesizes cases from 2005-2010 that involved human trafficking and developed at county-level law enforcement agencies and task forces across the United States. Where possible, cases involving minors will be high-lighted, in order to address distinct issues facing children who have been victimized by human trafficking. Best practices in victim identification, case investigation, perpetrator prosecution, and …

Parental Problems, Case Plan Requirements, And Service Targeting In Child Welfare Reunification, Amy C. D’Andrade, R. Chambers

Faculty Publications

Only about half of parents attempting to reunify with their children in foster care succeed in their efforts. Parents are ordered by the court to use treatment services in order to resolve their problems. These treatment services thus play a critical role in reunification, and in fact the use of services appropriately matched to parents' problems has been found to be associated with a greater likelihood of reunification. However, there is little in the literature regarding the specific requirements of reunification case plans, and whether they are accurately targeted at reunifying parents' problems. This mostly descriptive study uses case file …

Aligning Public Health, Health Care, Law And Policy: Medical-Legal Partnership As A Multilevel Response To The Social Determinants Of Health, Elizabeth Tobin Tyler

Pro Bono Collaborative Staff Publications

No abstract provided.

On The Development Of A Digital Forensics Curriculum, Manghui Tu, Dianxiang Xu, Samsuddin Wira, Cristian Balan, Kyle Cronin

Journal of Digital Forensics, Security and Law

Computer Crime and computer related incidents continue their prevalence and frequency, resulting in losses approaching billions of dollars. To fight against these crimes and frauds, it is urgent to develop digital forensics education programs to train a suitable workforce that can effectively investigate computer crimes and incidents. There is presently no standard to guide the design of digital forensics curriculum for an academic program. In this research, previous work on digital forensics curriculum design and existing education programs are thoroughly investigated. Both digital forensics educators and practitioners were surveyed and results were analyzed to determine the industry and law enforcement …

Automatic Crash Recovery: Internet Explorer's Black Box, John Moran, Douglas Orr

Journal of Digital Forensics, Security and Law

A good portion of today's investigations include, at least in part, an examination of the user's web history. Although it has lost ground over the past several years, Microsoft's Internet Explorer still accounts for a large portion of the web browser market share. Most users are now aware that Internet Explorer will save browsing history, user names, passwords and form history. Consequently some users seek to eliminate these artifacts, leaving behind less evidence for examiners to discover during investigations. However, most users, and probably a good portion of examiners are unaware Automatic Crash Recovery can leave a gold mine of …

Counter-Surveillance, Protest And Policing, Dean Wilson

The Plymouth Law and Criminal Justice Review

This paper, based upon 17 semi-structured interviews with individuals involved in video activism, examines the growing importance of visually documenting protest events for both activists and police organizations. It is argued that while visual recordings of protest events by activists may be useful in terms of securing safety, dissuading instances of police violence and in providing evidence against police misconduct, there are also unintended negative consequences of video-activism. These negative consequences include selfincrimination, the promotion of spirals of surveillance whereby the police video protestors, and the removal (at times with disproportionate force) of activists with recording devices from protest events …