Digital Commons Network^™

Cartoons Aren't Real People, Too: Does The Regulation Of Virtual Child Pornography Violate The First Amendment And Criminalize Subversive Thought?, Keisha April

Cardozo Journal of Equal Rights & Social Justice

The note argues that the government's regulation of virtual child pornography, particularly under the Obscene Visual Representations of the Sexual Abuse of Children (OVR) provision of the PROTECT Act, raises significant First Amendment concerns. While the provision aims to protect children, it criminalizes depictions that do not involve real children, undermining free expression. The analysis critiques the OVR provision's overbreadth and vagueness, asserting that it chills artistic expression and fails to serve a compelling government interest. The note advocates for narrowing the provision to focus on actual harm rather than fictional depictions.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian E. Dervan

Law Faculty Scholarship

If any number of attorneys were asked in 2004 whether Lea Fastow’s plea bargain in the Enron case was constitutional, the majority would respond with a simple word – Brady. Yet while the 1970 Supreme Court decision Brady v. United States authorized plea bargaining as a form of American justice, the case also contained a vital caveat that has been largely overlooked by scholars, practitioners, and courts for almost forty years. Brady contains a safety-valve that caps the amount of pressure that may be asserted against defendants by prohibiting prosecutors from offering incentives in return for guilty pleas that are …

Upside-Down Judicial Review, Corinna Barrett Lain

Law Faculty Publications

The countermajoritarian difficulty assumes that the democratically elected branches are majoritarian and the unelected Supreme Court is not. But sometimes the opposite is true. Sometimes it is the elected branches that are out of sync with majority will and the Supreme Court that bridges the gap, turning the conventional understanding of the Court's role on its head. Instead of a countermajoritarian Court checking the majoritarian branches, we see a majoritarian Court checking the not-so-majoritarian branches, enforcing prevailing norms when the representative branches do not. What emerges is a distinctly majoritarian, upside-down understanding of judicial review. This Article illustrates, explains, and …

Four Uncharted Corners Of Anti-Corruption Law: In Search Of Remedies To The Sanctioning Effect, Andrew B. Spalding

Law Faculty Publications

This Article is the third installment in a long-term research project that examines the effects of the U.S. Foreign Corrupt Practices Act in relation to its underlying policy goals. It first reiterates the various data points showing that enforcement now has the unintended effect of reducing investment in higher-corruption markets. Because this amounts to the withdrawal of capital from developing countries in protest of their political conditions, I call this the "sanctioning effect." The paper then seeks to push the envelope of current anti-bribery debates by exploring connections to four fields of academic inquiry not typically associated with the FCPA. …

Filling The Judicial Vacancies In A Presidential Election Year, Carl W. Tobias

Law Faculty Publications

In this essay, Professor Tobias responds to Professors Gerhardt and Painter, praising their work and providing further suggestions for how the judicial nominations process might be improved. The essay begins with a brief examination of judicial selection problems that have arisen since the failed nomination of Judge Robert Bork in 1987. Finding that partisan politics have frustrated the nomination process for a quarter century, Professor Tobias engages in a critical analysis of President Barack Obama's efforts to make improvements. He first explains the changes that the Obama administration has implemented and then critically analyzes the benefits and failings of those …

Front Matter

SMU Law Review

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

Publications

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 …

Managing Expectations When Measuring Philanthropic Impact: A Framework Based On Experience, Frank Ridzi

The Foundation Review

· In order to achieve more targeted community change than possible in conventional grantmaking, foundations have developed a portfolio of activities ranging from capacity building to venture and catalytic philanthropy.

· Key to each of these approaches is a desire for meaningful impact. Yet, funders across the nation express dissatisfaction with their ability to prove or demonstrate impact.

· Conversations with colleagues and personal experience suggest that part of this dissatisfaction is due to a disconnect between the expectations of board members, donors, staff, and participants on one hand and what is actually feasible to measure on the other.

· …

A Model Decertification Law, Roger L. Goldman

All Faculty Scholarship

Despite the over 50-year existence of laws permitting the revocation of a police officer’s right to serve in law enforcement for serious misconduct, most scholars have ignored this development. Currently, 44 states have such laws, but they differ greatly in scope. This article suggests the three most important characteristics of an effective decertification law: first, the types of law enforcement officers covered by the law should be wide-ranging, including correctional officers and probation officers, not just police officers and deputy sheriffs and police officers. Second, the range of misconduct that can lead to decertification should not just be limited to …

Criminal Courts And Procedure, Stephen C. Thaman

All Faculty Scholarship

This chapter provides both a historical and modern perspective on criminal procedure around the world.

Human Rights In The United States: Legal Aid Alleges That Denying Access To Migrant Labor Camps Is A Violation Of The Human Right To Access Justice, Reena Shah, Lauren Bartlett

All Faculty Scholarship

It is estimated that there are more than 86 million migrant workers worldwide, the vast majority of whom suffer poor living and working conditions. In the United States, more than 3 million migrant farmworkers, including at least 100,000 children, are estimated to labor in fields every year, many of whom lack access to justice, earn sub-living wages, and exist in dehumanizing circumstances. Farmworkers are among the most exploited and vulnerable populations in the United States; yet, distressingly, they are also the least protected by U.S. law and law enforcement.

Legal aid advocates in the United States attempt to raise awareness …

Practice, Practice, Practice: Preliminary Findings From An Evidence-Based Practice Funding Initiative At The Peter And Elizabeth C. Tower Foundation, Nicholas G. Randell

The Foundation Review

· The Tower Foundation supported a five-year initiative to support the implementation of evidencebased practices (EBP). The average award was a three-year award of $84,050.

· The underlying grantmaking theory of change was that behavioral health providers could bring empirically tested protocols to their communities and sustain them over time if supported by long-term funding to support the real costs of implementation (e.g., training, technical assistance, adherence to program protocols, and cultural change).

· Grantees cited the high cost of training, certification, and recertification – especially in the face of high staff turnover – as a primary challenge to implementing …

Evaluation Of Parent-Child Interaction Therapy And A Standard Parenting Program Within A Women's State Prison Facility, Ashley B. Tempel

Graduate Theses, Dissertations, and Problem Reports (ETD)

A majority of inmates in state and federal prisons across the U.S. have been reported to be parents of minors (Glaze & Maruschak, 2008). It is estimated that twice as many American children (i.e., 2% or over 1.7 million) compared to children of other industrialized countries have incarcerated parents (Murray, 2007). Approximately 336, 000 households with minor children are believed to be directly affected by parental imprisonment (Mumola, 2000). Parent training provided through correctional programming has potential to impact a large number of American families that are affected by parental incarceration. However, correctional parenting programs often vary across facilities and …

Book Review, Barbara Babcock's Woman Lawyer: The Trials Of Clara Foltz, Tracy Thomas

Con Law Center Articles and Publications

No abstract provided.

Factors That Influence Program Completion: Predicting Kentucky Drug Court Completion Outcomes, Elizabeth R. Hagensen

Theses and Dissertations

This dissertation examines data collected from Kentucky Drug Court to determine factors associated with program completion outcomes. Extant research on drug court completion outcomes is generally limited to individual drug courts and includes small numbers of observations. This research uses more than three thousand participant records spanning over three years from all Kentucky Drug Courts. Multiple logistic regression is used to determine which factors predict program completion. Participant characteristics, problem behaviors, and drug court variables are examined. Increase in age, earning at least a high school diploma, indicating methamphetamine or other stimulant as a drug of choice, and being married …

Gvsu Undergraduate And Graduate Catalog, 2012-2013, Grand Valley State University

Course Catalogs, 1963 - Current

Grand Valley State University 2012-2013 undergraduate and/or graduate course catalog published annually to provide students with information and guidance for enrollment.

Negotiating Jurisdiction: Retroceding State Authority Over Indian Country Granted By Public Law 280, Robert T. Anderson

Articles

This Article canvasses the jurisdictional rules applicable in American Indian tribal territories-"Indian country." The focus is on a federal law passed in the 1950s, which granted some states a measure of jurisdiction over Indian country without tribal consent. The law is an aberration. Since the adoption of the Constitution, federal law preempted state authority over Indians in their territory. The federal law permitting some state jurisdiction, Public Law 280, is a relic of a policy repudiated by every President and Congress since 1970. States have authority to surrender, or retrocede, the authority granted by Public Law 280, but Indian tribal …

Multicultural Efficacy Among White Resident Hall Directors: Predicting White Privilege Attitudes, Sarah Jo Szerlong

Theses and Dissertations

This study contributed to the expanding field of research examining the various aspects of White privilege attitudes. This study extended White privilege research by incorporating the predictive relationships of multicultural efficacy, multicultural empathy, multicultural experience, and multicultural training in assessing White privilege attitudes among a sample of White resident hall directors (N =206). Structural equation modeling (SEM) was used in the current study to examine the mediating effect of multicultural efficacy on White privilege attitudes measured by the White Privilege Attitude Scale, Psychosocial Costs of Racism to Whites, and Color Blind Racial Attitudes Scale. Goodness of fit was not found …

'Reel' Gangs Or 'Real' Gangs: A Qualitative Media Analysis Of Street Gangs Portrayed In Hollywood Films, 1960-2009, Christopher J. Przemieniecki

Theses and Dissertations

The purpose of this qualitative study is to explore the portrayals of street gangs as presented by a select sample of Hollywood films from 1960 to 2009. Using the theoretical framework of social constructionism and cinematic realism, a content analysis of 25 `street gang' films was conducted to (a) determine the comparability of depictions of street gangs in Hollywood films with those characteristics of defining a street gang in the law enforcement and academic literature, (b) identify emergent themes and patterns, including changes over time, and (c) address the representations of realism in the portrayal of street gangs as depicted …

Richmond Law Magazine: Winter 2012

Richmond Law Magazine

Features:

Courage and Independence

How Shall the Constitution be Enforced?

Law Weekend 2011

Justice for All

Crime Prevention: The Role Of Individual Resilience Within The Family, Catherine Ferguson, Craig Harms, Julie Ann Pooley, Lynne Cohen, Stuart Tomlinson

Research outputs 2012

Resilience is context dependent but for resilience to be present, two elements must co-occur: adversity (i.e., high-risk situation/threat) and successful adaptation/competence. An understanding of resilience is important for professionals dealing with at-risk families. This exploratory research investigated how individuals caring for a family member with a mental illness adapted to the role of carer or supporter. Fifteen participants mostly aged 50 years or more were interviewed. Content analysis was used to develop themes from the interview transcripts. Seven themes were elicited from the data. Three of these fit with existing knowledge about challenges faced by offenders’ families. The article concludes …

Problem Behaviours, Traditional Bullying And Cyberbullying Among Adolescents: Longitudinal Analyses, Leanne Lester, Donna Cross, Therese Shaw

Research outputs 2012

Problem Behaviour Theory suggests that young people's problem behaviours tend to cluster. This study examined the relationship between traditional bullying, cyberbullying and engagement in problem behaviours using longitudinal data from approximately 1500 students. Levels of traditional victimisation and perpetration at the beginning of secondary school (grade 8, age 12) predicted levels of engagement in problem behaviours at the end of grade 9 (age 14). Levels of victimisation and perpetration were found to moderate each other's associations with engagement in problem behaviours. Cyberbullying did not represent an independent risk factor over and above levels of traditional victimisation and perpetration for higher …

Digital Games In Journalism Education, Evaluating A Police And Journalism Joint Training Initiative, Kayt Davies

Research outputs 2012

In early 2010, the Edith Cowan University (ECU) journalism programme and the Western Australia Police Academy Detective Training School launched a novel collaboration that involved running joint training days, in which a ‘media pack’ of journalism students interview trainee detectives about mock crimes they have been tasked with investigating. The training improved the trainee journalists’ and detectives’ understanding about the constraints the other parties face. It also made them more confident about their ability to elicit and convey accurate information, and more willing to attempt to do so than before the training.  This article presents a description of the training …

The Invisibility Of Covert Bullying Among Students: Challenges For School Intervention, Amy Barnes, Donna Cross, Leanne Lester, Lydia Hearn, Melanie Epstein, Helen Monks

Research outputs 2012

Covert bullying behaviours are at least as distressing for young people as overt forms of bullying, but often remain unnoticed or unacknowledged by adults. This invisibility is increased in schools by inattention to covert bullying in policy and practice, and limited staff understanding and skill to address covert behaviours. These factors can lead to a school culture that appears to tolerate and thus inadvertently encourages covert bullying. This study explores these dynamics in Australian primary and secondary schools, including the attitudes of over 400 staff towards covert bullying, their understanding of covert bullying behaviours, and their perceived capacity to address …

Commitment And The 1% Motorcycle Club: Threats To The Brotherhood, Kira Harris

Research outputs 2012

The brotherhood ethos is the founding principle of the 1% motorcycle clubs community. Interviews with former members and partners show how threatening this social bond can reduce satisfaction and lead to doubts over involvement with the club.

Is There A Consensus Towards Transparency: International's Corruption Perceptions Index?, Shrabani Saha, Rukmani Gounder, Jen-Je Su

Research outputs 2012

Given the clandestine nature, corruption is intrinsically a complex phenomenon and hard to measure. This paper examines whether Transparency International's corruption perception index converges towards consensus over time? Furthermore, we estimate the speed of adjustment towards general agreement. The results indicate differences in the degree of concordance, i.e. high level of agreement for the mostlyclean and most-corrupt countries but disagreement remains high for the mediumcorrupt countries. The speed of converge is high for the most-corrupt and mostlyclean countries and a decline for the medium corrupt countries.

Volume 37, No. 1

The Weldon Times

A student-run newspaper published at the Schulich School of Law at Dalhousie University.

Editor in Chief: Max Rothschild

Layout Editor: Kate Rothschild

Editors: Suzanne Kittle, Phil Moreria

Why Gender Matters: A Partial Test Of Travis Hirschi's Element Of Attachment, Danielle Ashley Rios Ms.

Research Papers

Recent studies have demonstrated the important role gender plays in determining the likelihood of involvement in delinquent behavior. Earlier theories of delinquency, including Hirschi’s theory of social control have ignored the importance of gender by ignoring females all together. Using data derived from Wave 1 of the National Youth Survey, the purpose of this study is to conduct a partial test of Hirschi’s Social Control theory to determine whether the theory can properly explain not only delinquency in boys, but also delinquency among girls.

Unf Journal Winter 2012, University Of North Florida

UNF Journal

A university periodical for alumni and friends of the University of North Florida.