Digital Commons Network^™

Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin

Faculty Publications

No abstract provided.

Mcnair Messenger- Fall 2012, Mcnair Staff

McNair Messenger

McNair Scholars Program

The Bg News October 1, 2012, Bowling Green State University

BG News (Student Newspaper)

The BGSU campus student newspaper. October 1, 2012. Volume 103-Issue 20.

The Judicial Discretion To Exclude Relevant Evidence: Perspectives From An Indian Evidence Act Jurisdiction, Siyuan Chen

Research Collection Yong Pung How School Of Law

Stephen’s ground-breaking Indian Evidence Act contained ideas that appear unfamiliar in the context of modern rules of evidence. Singapore is an Indian Evidence Act jurisdiction which has retained those ideas, such as the non-distinction between relevance and admissibility, the framing of exclusionary rules in inclusionary terms, and the prohibition against relying on common law developments inconsistent with the Evidence Act. These peculiarities should have presented obstacles to the applicability of the common law concept of the judicial discretion to exclude relevant evidence, but this has not been the case. In this article, I first suggest why Singapore courts might have …

Neuroscience, Ptsd, And Sentencing Mitigation, Betsy J. Grey

Cardozo Law Review

No abstract provided.

Visualizing Modernity: The Appeal Of Cross-Border Healthcare Providers Along The Texas-Mexico Border, Geoffrey Schwarz, Victor Martinez

Sociology Faculty Publications

No abstract provided.

The "Smart On Crime" Prosecutor, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

"Smart on Crime" criminal justice reforms have emerged in recent years as shrinking government budgets and exploding incarceration rates have prompted scrutiny of the efficiency and efficacy of existing criminal justice approaches. Policymakers across the country have sought out new strategies designed to prevent crime and recidivism, enhance community safety, reduce our reliance on incarceration, and save taxpayer dollars. As a result, law enforcement, courts, and correctional agencies have been implementing innovative approaches in areas such as diversion, problem-solving courts, alternatives to incarceration, and ex-offender re-entry. However, the role of prosecutors and prosecutorial agencies in this story is often overlooked. …

Neocolonialism And The Global Prison In National Geographic’S Locked Up Abroad, Casey Ryan Kelly

Department of Communication Studies: Faculty Publications

This essay examines the reformulation of colonial ideologies in National Geographic Channel’s Locked Up Abroad, a documentary program that chronicles the narratives of Westerner travelers incarcerated in foreign nations. An analysis of Locked Up Abroad evinces neocolonialism in contemporary media culture, including the historic association between dark-skin and savagery, the backwardness of the non-Western world, and the Western imperative to civilize it. The program’s documentary techniques and framing devices sustain an Otherizing gaze toward non-Western societies, and its portrayals elide a critical analysis of colonialism in its present forms. I advocate for neocolonial criticism to trace how NatGeo remains …

Book Review: The Painted King: Art, Activism, And Authenticity In Hawai’I, Darrell A. Hamlin

eJournal of Public Affairs

No abstract provided.

Classified Information: The Newsletter Of The Lloyd Sealy Library, Lloyd Sealy Library, Cuny John Jay College Of Criminal Justice

Reports and Publications from John Jay College

Classified Information was a publication that informed the College about Library services, personnel, upcoming events, new technologies, and available resources.

Guantanamo Bay And The Conflict Of Ethical Lawyering, Dana Carver Boehm

Penn State Law Review (2003 - Present)

No abstract provided.

The Missing "P": Prosecution, Prevention, Protection, And Partnership In The Trafficking Victims Protection Act, Jennifer A.L. Sheldon-Sherman

Penn State Law Review (2003 - Present)

No abstract provided.

A Holey Cause: Sharia As A Cultural Defense, Raman Singh

Penn State Law Review (2003 - Present)

No abstract provided.

Shadow Citizens: Felony Disenfranchisement And The Criminalization Of Debt, Ann Cammett

Penn State Law Review (2003 - Present)

No abstract provided.

Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

Much of the recent commentary on the Confrontation Clause focuses on the past. Commentators (and Supreme Court Justices) evaluate the evolving jurisprudence by comparing the confrontation right articulated in Crawford v. Washington and its progeny to the right that existed in 1791. This Essay shifts the focus to the future, exploring how the Supreme Court's new Confrontation Clause jurisprudence will operate in a world where communication is increasingly informal and electronic.

A large and increasing portion of our social discourse takes place electronically, through email and texting, as well as on social media Internet

sites such as Facebook and Twitter. …

Developing A Teacher Training Program For New Clinical Teachers, Wallace J. Mlyniec

Georgetown Law Faculty Publications and Other Works

Where to Begin? Training New Teachers in the Art of Clinical Pedagogy, an article published in the Spring, 2012, issue of the Clinical Law Review, gave a full description of Georgetown’s course in clinical pedagogy. That article set forth some of the critical questions new teachers must ask and answer by describing the goals, content, and execution of the course.

This article describes hows, whens, and whys of the program, focusing on how our faculty, over a period of many years, created and revised the curriculum for the Pedagogy course. It also describes the choices we made as we …

Defending Those People, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Many practitioners and scholars have written perceptively about the motivations of criminal defenders. Some have written eloquently. I have my own body of work on this and related questions.

This essay is about why the author has devoted her professional career--her life--to defending people most of society would just as soon banish and forget. After nearly thirty years of criminal law practice, her reasons are such a part of her that they are nearly inarticulable. The author is a criminal defender in her soul. She also has been teaching and writing about criminal defense for almost as long as she …

Texting While Driving Meets The Fourth Amendment: Deterring Both Texting And Warrantless Cell Phone Searches, Adam M. Gershowitz

Faculty Publications

Recent laws criminalizing texting while driving are under-inclusive, ambiguous, and impose light punishments that are unlikely to deter. At the same time, the laws empower police to conduct warrantless searches of drivers’ cell phones. Texting while driving is dangerous and should be punished with stiff fines, possible jail time, license suspensions, and interlock devices that prevent use of phones while driving. However, more severe punishment will not eliminate police authority to conduct warrantless cell phone searches. This Article therefore proposes that legislatures allow drivers to immediately confess to texting while driving in exchange for avoiding a search of their phones. …

Subverting Symbolism: The Matthew Shepard And James Byrd, Jr. Hate Crimes Prevention Act And Cooperative Federalism, Kami Chavis Simmons

Faculty Publications

Hate crimes continue to persist in the United States and undermine the traditions and values to which the country aspires. Until recently, however, the stringent jurisdictional limitations of existing federal legislation made it difficult for the federal government to prosecute these crimes. In October 2009, President Obama signed into law the Matthew Shepard James Byrd Jr., Hate Crimes Prevention Act (the "HCPA"). The HCPA significantly expands the federal government's authority to prosecute defendants accused of hate crimes because it dispenses with a previous jurisdictional requirement that made it difficult to prosecute many such crimes. The HCPA also represents an expansion …

Recommendations For Online Training In Hospitality Organizations, Geoffrey L. Wellen

UNLV Theses, Dissertations, Professional Papers, and Capstones

Delivering consistent customer experiences is often a key driver of customer satisfaction in the leisure and hospitality industry. However, consistency can be compromised if new and existing employees are not adequately prepared for their roles and duties. The leisure and hospitality industry hires many new staff each year due to general industry growth and employee turnover. Training and development is therefore important for the industry to meet staffing requirements and to deliver consistent customer experiences. The rapid and significant developments in online training and education since mid 1990 have increased the size and knowledge of the candidate pool available to …

Developing A Homeland Security Curriculum: A Case Study In Outcomes-Based Education Using The Delphi Method, Daniel Cutrer

Publications

The field of homeland security is a nascent discipline, and as such does not have a national accreditation body to promulgate a standardized, outcomes-based curriculum for future homeland security professionals seeking university degrees. This qualitative study was designed to identify a set of program-level, learning-based outcomes for an undergraduate degree in homeland security. The research project used a case study methodology to examine and validate the results of earlier studies on homeland security (HS) curriculum development. A consensus-driven, iterative Delphi technique was used to survey a purposive, convenience sample of homeland security experts to ascertain their ideas on what elements …

Fact Book 2012, Planning, Research, And Policy Analysis

Fact Book (1988-2019)

Fact Book 2012 for Illinois State University

Enrollment Report, Fall 2012, Planning, Research, And Policy Analysis

Enrollment Reports (2004-2019)

Enrollment Report for Fall 2012 for Illinois State University

The Israeli Defense Forces In The 21st Century: Humanitarian Complier Or Human Rights Violators? An Assessment Of Ihl Compliance In The Second Lebanon War And Operation Cast Lead, Skyler Scoggan

Independent Study Project (ISP) Collection

My reasons behind writing this paper are very personal and its conclusion will have a direct impact on my future. I am Jewish by blood and have always have had a strong connection with the tradition even though I do not consider myself religious. I have respected more so the traditions and culture that have come from the faith of my mother. The fact that my grandfather, great grandfather, and the dozen more before him, carried on these same rituals that I carry out on Shabbat or on the high holidays, is beyond the realm of being special. Many cannot …

The Pillar: Newsletter Of The St. Mary's University School Of Law Center For Legal And Social Justice, St. Mary's University School Of Law

The Pillar

No abstract provided.

Toward A Comparative Approach To The Crime Of Genocide, Tatiana E. Sainati

Duke Law Journal

The annihilation of more than 1.5 million Cambodians at the hands of the Khmer Rouge is widely considered a quintessential case of genocide. Whether these atrocities meet the definition of genocide as a legal matter, however, remains unsettled. As of October 2012, the question of whether genocide occurred in Cambodia within the meaning of the 1948 United Nations Genocide Convention is pending before the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC will determine this question against the backdrop of an ongoing debate about the appropriate scope of the crime of genocide. This debate pits expansionists, who believe …

The Advocate (Fall 2012), Lewis & Clark Law School

The Advocate

No abstract provided.

Illinois State University Salaries Fy2013, Illinois State University

Illinois State University Salaries

Includes two sections: faculty merit increases and merit eligible continuing academic personnel and civil service staff salaries.

Evaluating Federally Appointed Judges In Canada: Analyzing The Controversy, Troy Riddell, Lori Hausegger, Matthew Hennigar

Osgoode Hall Law Journal

This commentary describes our experiences in trying to undertake a judicial performance evaluation of federally appointed judges in Canada. Some respondents were enthusiastic about the project, but others were strongly opposed to it and worried about the effects that our survey would have on judicial independence. After describing the feedback that we received and the fallout from our project, we examine the relationship between judicial performance evaluation and judicial independence. We argue that a well-conceived judicial performance evaluation does not violate judicial independence. We then explore the resistance to judicial performance evaluation in Canada, using a comparative lens. The explanation …

A New Lens: Reframing The Conversation About The Use Of Video Conferencing In Civil Trials In Ontario, Amy Salyzyn

Osgoode Hall Law Journal

The state of courtroom technology in Ontario is increasingly capturing the attention of both the public and the legal profession. This article seeks to contribute to the conversation on this issue by focusing on one particular technology in Ontario’s courtrooms: the use of video conferencing to receive witness testimony in civil trials. The central claim is that the approach to video conferencing that dominates the policy discourse reflects an overly narrow, instrumentalist view of technology that fails to adequately take account of possible broader political and social implications as well as this technology’s transformative potential. This argument is developed by …