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2013

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Property In Housing, Lee Anne Fennell Jan 2013

Property In Housing, Lee Anne Fennell

Public Law and Legal Theory Working Papers

No abstract provided.


Policing Immigration, Thomas J. Miles, Adam B. Cox Jan 2013

Policing Immigration, Thomas J. Miles, Adam B. Cox

Public Law and Legal Theory Working Papers

No abstract provided.


Community As Client: Defining Social Design As A Means Of Designing For Good, Ryan Kough Gibboney Jan 2013

Community As Client: Defining Social Design As A Means Of Designing For Good, Ryan Kough Gibboney

Open Access Theses

Approaching the design field today is a significant quantity of societal needs that have potential to be resolved through systematic design initiatives. There is increasing curiosity around the designer's role and responsibility within society; a belief that designers have the power to make social change happen in their own communities. Many neighborhoods with driven community members and professional designers are working together to turn to design as problem solving, as social activism on a local scale. But how do we make this sustainable?

To create a systematic change, designers must rethink the processes in which they view the problems and …


Justice William J. Brennan, Jr., James Wilson, And The Pursuit Of Equality And Liberty, Deborah A. Roy Jan 2013

Justice William J. Brennan, Jr., James Wilson, And The Pursuit Of Equality And Liberty, Deborah A. Roy

Cleveland State Law Review

This Article analyzes the jurisprudence of one of the most transformative Supreme Court Justices, William J. Brennan, Jr., from the perspective of his vision that the United States Constitution is founded on Human Dignity. Justice Brennan expressed this principle in his opinions that advanced the realization of individual rights for each and every American. The principle of human dignity invokes the values of equality and liberty. The article shows that Justice Brennan traced the principle of human dignity back to the Founding Fathers and the constitutional government that they established. Rather than being unhinged from the Constitution as his critics …


Does Time Matter? An Examination Of Sentence Length, Time Served And Probation Outcomes, Michael P. Mcgrath Jan 2013

Does Time Matter? An Examination Of Sentence Length, Time Served And Probation Outcomes, Michael P. Mcgrath

Theses and Dissertations

There remains some uncertainty as to whether or not probation supervision can influence the behaviour of offenders as intended and thereby protect the public. Within the growing body of probation literature is support for a number of theoretically relevant variables and probation outcomes (Morgan, 1993; Gendreau, Little & Goggin, 1996). Some of the probation studies include a measure of time (Sims & Jones, 1997; Green & Winik, 2010), although it has never been exclusively studied in probation research. In the studies that do include a time measure, sentence length is the most frequently used and is often related to failure …


Perceptions Of Legal Policy And Sex Offender Treatment, Kirsten Sierra Engel Jan 2013

Perceptions Of Legal Policy And Sex Offender Treatment, Kirsten Sierra Engel

Theses and Dissertations

Sex offender policy, treatment, and public perception are greatly intertwined in the numerous policies in place regarding sex offenders. These policies tend to reflect the underlying perceptions and myths about sex offenders than the reality of sexual offenses and treatment. These perceptions have also had a role in shaping psychological treatment of sex offenders through enacted policies and public support, or dissent, for community treatment centers, half-way houses, or residency restriction laws. With the sizeable potential impact of the public's perceptions of these issues, examination of their perceptions of sex offenders, sex offender policies, and sex offender treatment, and whether …


Crapping Out With Crime Statistics, Robert Steinbuch Jan 2013

Crapping Out With Crime Statistics, Robert Steinbuch

Law Faculty Scholarship

No abstract provided.


An Evaluation Of The Effects Of Tourism On Traditional Activities: An Ethnographic Study For The Alagnak Wild River Area, Douglas Deur, Karen Evanoff Jan 2013

An Evaluation Of The Effects Of Tourism On Traditional Activities: An Ethnographic Study For The Alagnak Wild River Area, Douglas Deur, Karen Evanoff

Anthropology Faculty Publications and Presentations

This report represents a summary of findings from the study, “An Evaluation of the Effects of Tourism on Traditional Activities: An Ethnographic Study for the Alagnak Wild River Area.” The National Park Service (NPS) administers 56 miles of Wild River along the Alagnak as a unit of the National Park Service, administered through the offices of Katmai National Park and Preserve. The NPS is charged with managing the river’s natural and cultural resources, as well as preserving the river’s lands and resources for current and future generations. Alagnak Wild River was created under the Alaska National Interest Lands Conservation Act …


The Growing Pains Of Graham V. Florida: Deciphering Whether Lengthy Term-Of-Years Sentences For Juvenile Defendants Can Equate To The Unconstitutional Sentence Of Life Without The Possibility Of Parole, Therese A. Savona Jan 2013

The Growing Pains Of Graham V. Florida: Deciphering Whether Lengthy Term-Of-Years Sentences For Juvenile Defendants Can Equate To The Unconstitutional Sentence Of Life Without The Possibility Of Parole, Therese A. Savona

St. Thomas Law Review

This article will provide a basic understanding of Eighth Amendment jurisprudence and then explores how the most recent United States Supreme Court cases of Graham v. Florida and Miller v. Alabama affect juvenile resentencing. Additionally, this article addresses the most recent trend presented in juvenile cases where the juvenile defendant is charged as an adult, tried as an adult, and sentenced accordingly. Specifically, the issue of a lengthy term-of-years sentence in states such as California and Florida appear to be the battleground of diverse opinions, more so perhaps than other states.


Powerless Against Police Brutality: A Felon's Story, Tamara F. Lawson Jan 2013

Powerless Against Police Brutality: A Felon's Story, Tamara F. Lawson

St. Thomas Law Review

Imagine driving to the store with friends, but while en route, you are shot and beaten by the police so severely that random citizen witnesses intervene to stop the police brutality. Next, envision recovering from those injuries and awakening from a coma chained to your hospital bed informed that you are under arrest for attempted murder of a police officer. Then, consider waiting over five years for the opportunity to tell your story to the court, believing justice will be served, but instead you discover that the trial is more influenced by the revelation of your prior criminal record than …


Understanding The Nature And Effects Of Police-Citizen Encounters In Social Context: The Road Less Traveled, Anca Alfred D' R. Jan 2013

Understanding The Nature And Effects Of Police-Citizen Encounters In Social Context: The Road Less Traveled, Anca Alfred D' R.

Ethnic Studies Review

Aggressive policing tactics have been identified as contributors to declining crime rate trends in urban, culturally diverse neighborhoods. They encompass stop and frisk practices which have spawned negative public opinion that contrasts with its justification by criminal justice officials as an effective means for the control and prevention of crime. The issue, however, begs deeper questions not readily addressed: how does the nature of police-citizen suspicion-based encounters influence the attitudes and behavior of both stakeholders; and does it contribute to effective crime control and prevention? Based on an analysis of theoretical and empirical research in the field, this article argues …


Ethnic Studies Review Jan 2013

Ethnic Studies Review

Ethnic Studies Review

No abstract provided.


Cleaning Up The Financial Crisis Of 2008: Prosecutorial Discretion Or Prosecutorial Abdication?, Bradley T. Borden, David J. Reiss Jan 2013

Cleaning Up The Financial Crisis Of 2008: Prosecutorial Discretion Or Prosecutorial Abdication?, Bradley T. Borden, David J. Reiss

Cornell Law Faculty Working Papers

When finance professionals play fast and loose, big problems result. Indeed, the 2008 Financial Crisis resulted from people in the real estate finance industry ignoring underwriting criteria for mortgages and structural finance products. That malfeasance filled the financial markets with mortgage-backed securities (MBS) that were worth a small fraction of the amount issuers represented to investors. It also loaded borrowers with liabilities that they never had a chance to satisfy.

Despite all the wrongdoing that caused the financial crisis, prosecutors have been slow to bring charges against individuals who originated bad loans, pooled bad mortgages, and sold bad MBS. Unfortunately, …


Developing Software Requirements For A Knowledge Management System That Coordinates Training Programs With Business Processes And Policies In Large Organizations, James Richard Kiper Jan 2013

Developing Software Requirements For A Knowledge Management System That Coordinates Training Programs With Business Processes And Policies In Large Organizations, James Richard Kiper

CCAC Theses and Dissertations

For large organizations, updating instructional programs presents a challenge to keep abreast of constantly changing business processes and policies. Each time a process or policy changes, significant resources are required to locate and modify the training materials that convey the new content. Moreover, without the ability to track learning objects to processes and policies, training managers cannot conduct an effective training gap analysis in these areas. As a result, the corporate training picture is unclear and instructional needs cannot be accurately determined.

The research addressed these problems by recognizing the need for linkages between an organization's business processes, its policies, …


A Middle Ground To Subrogation Law Will Protect South Dakota's Insureds, Marilyn Trefz Jan 2013

A Middle Ground To Subrogation Law Will Protect South Dakota's Insureds, Marilyn Trefz

Faculty Publications

No abstract provided.


A Tribute To Professor James Constantine, Paul B. Davis, Florida Tech Alumni Jan 2013

A Tribute To Professor James Constantine, Paul B. Davis, Florida Tech Alumni

Florida Tech Tributes

A proclamation and tributes to Professor James Constantine from colleagues and students for the occasion of his 90th birthday.


Fifty State Survey Of Criminal Laws Prohibiting Sexual Abuse Of Individuals In Custody, Brenda V. Smith Jan 2013

Fifty State Survey Of Criminal Laws Prohibiting Sexual Abuse Of Individuals In Custody, Brenda V. Smith

The Project on Addressing Prison Rape - Surveys

This document provides information regarding enacting state, statute number, statute title, coverage, definition and notes, penalties, and defenses (if given) for criminal laws prohibiting sexual abuse of inmates by staff.


The Inter-Rater Reliability Of A Multi-Factor Sex Offender Risk Classification System : An Experimental Simulation, Elizabeth Rahmberg Walsh Jan 2013

The Inter-Rater Reliability Of A Multi-Factor Sex Offender Risk Classification System : An Experimental Simulation, Elizabeth Rahmberg Walsh

Legacy Theses & Dissertations (2009 - 2024)

This research is an experimental simulation that explores the interrater reliability of a multi-factor sex offender risk classification system, specifically, the system outlined by the Massachusetts Sex Offender Registration Act (SORA). In Study 1, professionals holding the terminal degree in their field and qualified for appointment to the Sex Offender Registry Board administered the Massachusetts Classification Worksheet to four sex offender cases. Study 2 involved the use of master's level participants (including professionals with master's degrees and graduate student participants) to administer the Massachusetts Classification Worksheet to the same four sex offender cases. Participants assessed the offenders' risk as either …


Best Practices For Drug Court: How Drug Court Judges Influence Positive Outcomes, Karen Lynn Stimler Jan 2013

Best Practices For Drug Court: How Drug Court Judges Influence Positive Outcomes, Karen Lynn Stimler

All Graduate Theses, Dissertations, and Other Capstone Projects

Drug courts are an important component in the criminal justice system directed toward efforts of rehabilitation of drug and alcohol addiction that lessens the rate of recidivism. Drug court is the alternative to incarceration and traditional addiction treatment. Drug court has been characterized as therapeutic adjudication. Using "Best Practices," drug courts staffed by a judge, court team, and community partners individualize treatment protocols to motivate participant compliance and lessen the impact of the social milieu that impacts his or her recovery. Drug courts have been deemed successful in part due to the role of the judge. This research sought to …


Hstr 361.01: Central Europe 1555-1866, Linda S. Frey Jan 2013

Hstr 361.01: Central Europe 1555-1866, Linda S. Frey

University of Montana Course Syllabi

No abstract provided.


Spring Commencement, April 28, 2013, Eastern Michigan University Jan 2013

Spring Commencement, April 28, 2013, Eastern Michigan University

Commencement Programs and Materials

No abstract provided.


Is Economic Protectionism A Legitimate Governmental Interest Under Rational Basis Review?, Roger V. Abbot Jan 2013

Is Economic Protectionism A Legitimate Governmental Interest Under Rational Basis Review?, Roger V. Abbot

Catholic University Law Review

No abstract provided.


Competing Land Rights, Legal Redress, And Political Settlement In Cyprus, Laura Matson Jan 2013

Competing Land Rights, Legal Redress, And Political Settlement In Cyprus, Laura Matson

Minnesota Journal of Law & Inequality

No abstract provided.


Competition And Crisis In Mortgage Securitization, Michael Simkovic Jan 2013

Competition And Crisis In Mortgage Securitization, Michael Simkovic

Indiana Law Journal

U.S. policy makers often treat market competition as a panacea. However, in the case of mortgage securitization, policy makers’ faith in competition is misplaced. Competitive mortgage securitization has been tried three times in U.S. history— during the 1880s, the 1920s, and the 2000s—and every time it has collapsed. Most recently, competition between mortgage securitizers led to a race to the bottom on mortgage underwriting standards that ended in the late 2000s financial crisis. This Article provides original evidence that when competition was less intense and securitizers had more buyer power, securitizers acted to monitor mortgage originators and to maintain prudent …


Cafeteria, Commissary And Cooking: Foodways And Negotiations Of Power And Identity In A Women’S Prison, Amy Brooks Smoyer Jan 2013

Cafeteria, Commissary And Cooking: Foodways And Negotiations Of Power And Identity In A Women’S Prison, Amy Brooks Smoyer

Dissertations, Theses, and Capstone Projects

This study uses foodways theory to build knowledge about the lived experience of incarceration by analyzing women’s narratives about prison food and eating. Semi-structured interviews were conducted with 30 formerly incarcerated women in New Haven, CT. The interviews were digitally recorded and transcribed. Findings explain the different ways that inmates collect, prepare, distribute and consume food, and the centrality of these activities to incarcerated life. By shedding light on these daily routines, the world of prison life comes into greater focus.

Thematic analysis of the data further illuminates the prison experience by suggesting the positive and negative ways that food …


Producing Bodies, Knowledge, And Community In Everyday Civilian Struggle Over Surveillance, Michelle C. Billies Jan 2013

Producing Bodies, Knowledge, And Community In Everyday Civilian Struggle Over Surveillance, Michelle C. Billies

Dissertations, Theses, and Capstone Projects

In a global context of rapidly expanding security practices, those cast as social threats are themselves often most risk of harm. In this dissertation, I develop the concept surveillance threat (ST) to describe the perception or experience of impending or actual harm faced by targeted civilians when they are stopped or screened by law enforcement. Singled out by race and other lines of sociocultural force, those stopped risk physical, legal, sexual, and spatial consequences. Yet focusing solely on the risk of harm limits the full meaning of this encounter. As I show in my research, civilians persistently struggle against these …


Against Neorehabilitation, Jessica M. Eaglin Jan 2013

Against Neorehabilitation, Jessica M. Eaglin

SMU Law Review

In the face of severe budget constraints, bipartisan calls for reform, dropping crime rates, and judicial intervention, states are seriously considering and implementing criminal justice reform to manage prison populations for the first time in three decades. Scholars agree that states need a guiding theory to transform emergency and short-term reforms into a long-term shift in policy and practice away from mass incarceration. Numerous scholars advocate for a return to an improved theory of rehabilitation to guide the states in implementing such reform. This return-through neorehabilitation, or the rehabilitation of rehabilitation-centers on the use of evidence-based programming and predictive tools …


Friend Or Foe: The Sixth Amendment Confrontation Clause In Post-Conviction Formal Revocation Proceedings, Esther K. Hong Jan 2013

Friend Or Foe: The Sixth Amendment Confrontation Clause In Post-Conviction Formal Revocation Proceedings, Esther K. Hong

SMU Law Review

No abstract provided.


The Immigrant And Miranda, Anjana Malhotra Jan 2013

The Immigrant And Miranda, Anjana Malhotra

SMU Law Review

The recent dramatic convergence of immigration and criminal law is transforming the immigration and criminal justice system. While scholars have begun to examine some of the structural implications of this convergence, this Article breaks new ground by examining judicial responses and specifically the lens of Miranda v. Arizona. This Article examines the divergent and largely aberrant approaches that federal appellate courts have taken to determine whether Miranda warnings and rights apply to custodial inquiries about immigration status that have clear criminal and civil implications. Part I of this Article discusses the distinctions between civil and criminal immigration laws and the …


Fy 2012-2013 Annual Report, Tennessee. Department Of Safety And Homeland Security Jan 2013

Fy 2012-2013 Annual Report, Tennessee. Department Of Safety And Homeland Security

Annual Reports

This document is the annual report for the Tennessee Department of Safety and Homeland Security during the fiscal year.