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2013

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Civically Engaged Mothers Of Color And The Challenges Of Political Leadership, Sheneal Parker Jun 2013

Civically Engaged Mothers Of Color And The Challenges Of Political Leadership, Sheneal Parker

Civically Engaged Mothers of Color and the Challenges of Political Leadership

While the ranks of women serving in public office and other political leadership positions are growing, women of color continue to represent a relatively small proportion of elected and other public officials in the United States. Sheneal centered her study on civically engaged mothers of color given that there is limited scholarship available on women of color who are mothers and politically active in their communities. Sheneal wanted to deepen our understanding of the barriers mothers of color face in entering and sustaining a political career.

Her study sought to better understand and analyze:

  • How civically engaged mothers of color …


He Is The Darkey With The Glasses On: Race Trials Revisited, Anthony V. Alfieri Jun 2013

He Is The Darkey With The Glasses On: Race Trials Revisited, Anthony V. Alfieri

North Carolina Law Review

No abstract provided.


Anatomy Of A Modern-Day Lynching: The Relationship Between Hate Crimes Against Latina/Os And The Debate Over Immigration Reform, Kevin R. Johnson, Joanna E. Cuevas Ingram Jun 2013

Anatomy Of A Modern-Day Lynching: The Relationship Between Hate Crimes Against Latina/Os And The Debate Over Immigration Reform, Kevin R. Johnson, Joanna E. Cuevas Ingram

North Carolina Law Review

No abstract provided.


The Roma And Wall Street/Ceos: Linguistic Construction Of Identity In U.S. And Canadian Crime Reports, Theresa Catalano Jun 2013

The Roma And Wall Street/Ceos: Linguistic Construction Of Identity In U.S. And Canadian Crime Reports, Theresa Catalano

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Discriminatory practices against Roma (also known as Romanies) occur on a daily basis in many countries around the world through media discourse. This paper investigates the representation of Romanies in U.S. and Canadian online newspaper crime reports and compares this representation to Wall Street/CEOs in crime reports demonstrating how identity of both groups is constructed through a variety of linguistic and non-linguistic strategies. Drawing on Mayr and Machin’s (2012) critical linguistic analysis of the language of crime, this multimodal study incorporates a variety of tools such as Critical Discourse Analysis and Cognitive Linguistics in order to dig below the surface …


Alaska Justice Forum ; Vol. 30, No. 2 (Summer 2013), Marny Rivera, Shirley Coté, Sharon Chamard, Melissa S. Green, Teresa W. Carns Jun 2013

Alaska Justice Forum ; Vol. 30, No. 2 (Summer 2013), Marny Rivera, Shirley Coté, Sharon Chamard, Melissa S. Green, Teresa W. Carns

Vols 21-30 (2004-2014)

The Summer 2013 issue of the Alaska Justice Forum includes articles on reducing sales of alcohol to underage persons, leading causes of death including homicide and suicide, experience of racism in Anchorage, selection and evaluation of Alaska judges since 1984, and an update from the Criminal Justice Working Group.


Limited Admissibility And Its Limitations, Lisa Dufraimont Jun 2013

Limited Admissibility And Its Limitations, Lisa Dufraimont

Articles & Book Chapters

Among the challenges facing juries and judges in adjudicating cases is the obligation to use evidence for limited purposes. Evidence inadmissible for one purpose is frequently admissible for other purposes, a situation known as "limited admissibility". Where limited admissibility arises in jury trials, courts generally deliver limiting instructions outlining the inferences that can legitimately be drawn from the evidence and identifying prohibited lines of reasoning to be avoided. Limiting instructions represent an expedient solution to limited-admissibility problems, but they create obvious problems of their own. A thoughtful observer might suspect-as psychological studies confirm-that limiting instructions are likely to fail in …


Protecting Juveniles' Right To Remain Silent: Dangers Of The Thompkins Rule And Recommendations For Reform, Lauren Gottesman Jun 2013

Protecting Juveniles' Right To Remain Silent: Dangers Of The Thompkins Rule And Recommendations For Reform, Lauren Gottesman

Cardozo Law Review

No abstract provided.


The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley Jun 2013

The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley

Washington International Law Journal

Professor Haley is an outstanding international and comparative law scholar, widely credited with having popularized Japanese legal studies in the United States. In 1969, Haley received a fellowship from the University of Washington and was in one of the first classes to graduate from the Asian Law Program, now, the Asian Law Center. After working for several years in law firms in Japan, he joined the law faculty at the University of Washington, where he remained for nearly twenty-six years during which time he directed the Asian and Comparative Law Program. In June 2012, Professor Haley was awarded The Order …


Dickinson Law Review Jun 2013

Dickinson Law Review

Dickinson Law Review (1908-2003)

No abstract provided.


Masthead And Front Matter Jun 2013

Masthead And Front Matter

Washington and Lee Law Review

No abstract provided.


Domestic Surveillance Via Drones: Looking Through The Lens Of The Fourth Amendment, Saby Ghoshray Jun 2013

Domestic Surveillance Via Drones: Looking Through The Lens Of The Fourth Amendment, Saby Ghoshray

Northern Illinois University Law Review

Prompted by a newly minted governmental conceptualization of domestic surveillance, this Article focuses on a set of legal and philosophical dimensions to evaluate whether drone-enabled surveillance of citizens comports with fundamental liberty. Identifying the post-9/11 landscape as a primary contributor to the emergence of a security-centric society, this Article provides an interpretative gloss on the contemporary legal frame-work's tendency toward immunizing governmental surveillance of its own citizens. By evaluating how the original understanding of the Fourth Amendment may have been attenuated within jurisprudence, this Article provides a stark reminder of why the aspiratory dimensions of the Framers' view of liberty …


The Right To Challenge The Accuracy Of Breath Test Results Under Alaska Law, Paul A. Clark Jun 2013

The Right To Challenge The Accuracy Of Breath Test Results Under Alaska Law, Paul A. Clark

Alaska Law Review

Section 28.90.020 of the Alaska Statutes provides that in prosecutions for drunk driving, "if an offense described under this title requires that a chemical test of a person's breath produce a particular result, and the chemical test is administered by a properly calibrated instrument approved by the Department of Public Safety, the result described by statute is not affected by the instrument's working tolerance." This provision appears to prohibit the defense from calling into question the accuracy of a breath test by introducing evidence of uncertainty inherent in the testing procedure. The statute is problematic because due process requires that …


Virginia’S Redefinition Of The “Future Dangerousness” Aggravating Factor: Unprecedented, Unfounded, And Unconstitutional , Lara D. Gass Jun 2013

Virginia’S Redefinition Of The “Future Dangerousness” Aggravating Factor: Unprecedented, Unfounded, And Unconstitutional , Lara D. Gass

Washington and Lee Law Review

No abstract provided.


Digital Storytelling: Augmenting Student Engagement And Success In Diverse Learning Environments, Eleanor G. Morris, Tamra Ortgies-Young Jun 2013

Digital Storytelling: Augmenting Student Engagement And Success In Diverse Learning Environments, Eleanor G. Morris, Tamra Ortgies-Young

eJournal of Public Affairs

This paper presents the findings of a joint project in two very different political science classrooms. In both cases, traditional writing assignments were transformed to digital stories in order to increase student engagement, critical reflection, and media literacy, while still maintaining an overall emphasis on critical thinking and analysis, always important in the social sciences. The paper details the transformation of the two assignments to digital formats, presents survey data on the reception of the new assignments among students, and also discusses the strengths and weaknesses of these assignments in the college classroom. Overall, the assignments were well-received by students, …


Review Essay Of Books On Women In Prison, Mechthild Nagel Jun 2013

Review Essay Of Books On Women In Prison, Mechthild Nagel

Wagadu: A Journal of Transnational Women's & Gender Studies

As law professor Michelle Alexander has eloquently stated in her acclaimed book The New Jim Crow: Mass Incarceration in the Age of Color Blindness (2010), we live in times that vastly over incarcerate people of color, and as the term Jim Crow suggests, particularly people of African descent. Scholars and activists have taken note and in the following some recent work on historical and contemporary perspectives of people incarcerated in women’s prisons will be discussed. My review is informed by a penal abolition worldview, which ultimately demands a transformative justice approach worldwide. The texts here under review are limited to …


The Real Csi: A Criticism Of Media’S Manipulation Of Forensic Science, Stephanie Adrianne Slaught Jun 2013

The Real Csi: A Criticism Of Media’S Manipulation Of Forensic Science, Stephanie Adrianne Slaught

Communication Studies

No abstract provided.


Constitutional Privileging, Michael Coenen Jun 2013

Constitutional Privileging, Michael Coenen

Journal Articles

“Constitutional privileging” occurs when courts treat the constitutional status of a legal claim as a reason to afford it specialized procedural or remedial treatment — in effect providing to that claim a greater degree of judicial care and attention than its nonconstitutional counterparts receive. Though seldom scrutinized by courts and commentators, this practice occurs within a variety of doctrinal settings. For example, a stricter standard of harmless error review governs constitutional claims; district court findings of facts (and mixed findings) are subject to a stricter form of appellate review in constitutional cases; collateral relief from federal court judgments is more …


The Plea Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade Jun 2013

The Plea Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade

Scholarly Works

This Article considers three factors contributing to a plea-bargain crisis for noncitizens charged with misdemeanors: 1) the expansion of deportation laws to include very minor offenses with little opportunity for discretionary relief from removal; 2) the integration of federal immigration enforcement programs with the criminal justice system; and 3) the institutional norms in non-federal lower criminal courts, where little attention is paid to evidence or individual equities and where bail and other process costs generally outweigh perceived incentives to fight charges. The Article contends that these factors increase the likelihood that a noncitizen’s low-level conviction will not reliably indicate guilt …


Enforcing Effective Assistance After Martinez, Nancy J. King Jun 2013

Enforcing Effective Assistance After Martinez, Nancy J. King

Vanderbilt Law School Faculty Publications

This Essay argues that the Court’s effort to expand habeas review of ineffective assistance of counsel claims in Martinez v. Ryan will make little difference in either the enforcement of the right to the effective assistance of counsel or the provision of competent representation in state criminal cases. Drawing upon statistics about habeas litigation and emerging case law, the Essay first explains why Martinez is not likely to lead to more federal habeas grants of relief. It then presents new empirical information about state postconviction review (cases filed, counsel, hearings, and relief rates), post-Martinez decisions, and anecdotal reports from the …


Me-Em Enewsbrief, June 2013, Department Of Mechanical Engineering-Engineering Mechanics, Michigan Technological University Jun 2013

Me-Em Enewsbrief, June 2013, Department Of Mechanical Engineering-Engineering Mechanics, Michigan Technological University

Department of Mechanical and Aerospace Engineering eNewsBrief

No abstract provided.


Limited Admissibility And Its Limitations Jun 2013

Limited Admissibility And Its Limitations

UBC Law Review

No abstract provided.


A Model For Fixing Identification Evidence After Perry V. New Hampshire, Robert Couch Jun 2013

A Model For Fixing Identification Evidence After Perry V. New Hampshire, Robert Couch

Michigan Law Review

Mistaken eyewitness identifications are the leading cause of wrongful convictions. In 1977, a time when the problems with eyewitness identifications had been acknowledged but were not yet completely understood, the Supreme Court announced a test designed to exclude unreliable eyewitness evidence. This standard has proven inadequate to protect against mistaken identifications. Despite voluminous scientific studies on the failings of eyewitness identification evidence and the growing number of DNA exonerations, the Supreme Court's outdated reliability test remains in place today. In 2012, in Perry v. New Hampshire, the Supreme Court commented on its standard for evaluating eyewitness evidence for the first …


The Social Ladder: A Rank-Based Perspective On Social Class, Michael W. Kraus, Jacinth J. X. Tan, Melanie B. Tannenbaum Jun 2013

The Social Ladder: A Rank-Based Perspective On Social Class, Michael W. Kraus, Jacinth J. X. Tan, Melanie B. Tannenbaum

Research Collection School of Social Sciences

Scholars across the social sciences have studied social class for centuries. In this review, we suggest that social class is a fundamental means by which individuals are ranked on the social ladder of society. A rank-based perspective on social class shines light on several future areas of research: Specifically, understanding how social class ranks individuals vis-à-vis others leads to predictions about how class is signaled in interactions, influences social cognition and health, is shaped by global economic inequality trends, and changes across the life course. Importantly, our theory highlights the potential of experimental manipulations of social class rank for testing …


Dynamic Optimization Of Caregiver Schedules Based On Vital Sign Streams, Mohamed Saad, Bilal Khan Jun 2013

Dynamic Optimization Of Caregiver Schedules Based On Vital Sign Streams, Mohamed Saad, Bilal Khan

Publications and Research

Hospital facilities use a collection of heterogeneous devices, produced by many different vendors, to monitor the state of patient vital signs. The limited interoperability of current devices makes it difficult to synthesize multivariate moni- toring data into a unified array of real-time information regarding the patients state. Without an infrastructure for the integrated evaluation, display, and storage of vital sign data, one cannot adequately ensure that the assignment of care- givers to patients reflects the relative urgency of patient needs. This is an especially serious issue in critical care units (CCUs). We present a formal mathematical model of an operational …


The Plea-Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade Jun 2013

The Plea-Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade

Cardozo Law Review

This Article considers three factors contributing to a plea-bargain crisis for noncitizens charged with misdemeanors: 1) the expansion of deportation laws to include very minor offenses with little opportunity for discretionary relief from removal; 2) the integration of federal immigration enforcement programs with the criminal justice system; and 3) the institutional norms in non-federal lower criminal courts, where little attention is paid to evidence or individual equities and where bail and other process costs generally outweigh perceived incentives to fight charges. The Article contends that these factors increase the likelihood that a noncitizen's low-level conviction will not reliably indicate guilt …


Sharpening The Tools Of An Adequate Defense: Providing For The Appointment Of Experts For Indigent Defendants In Child Death Cases Under Ake V. Oklahoma, Laurel Gilbert Jun 2013

Sharpening The Tools Of An Adequate Defense: Providing For The Appointment Of Experts For Indigent Defendants In Child Death Cases Under Ake V. Oklahoma, Laurel Gilbert

San Diego Law Review

This Comment proposes that because of ongoing concerns regarding the reliability and validity of forensic science in the United States, the Due Process Clause constitutionally mandates the appointment of forensic experts for indigent defendants in criminal cases arising out of a child’s death if the prosecution relies on forensic evidence. Part II of this Comment provides an overview of the current law governing the admissibility of forensic expert testimony in criminal cases and explains why these admissibility standards create a need for the appointment of defense forensic experts to protect the rights of criminal defendants. Part III then discusses Due …


Searching For Solutions To The Indigent Defense Crisis In The Broader Criminal Justice Reform Agenda, Roger Fairfax Jun 2013

Searching For Solutions To The Indigent Defense Crisis In The Broader Criminal Justice Reform Agenda, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

As we mark the fiftieth anniversary of the Gideon v. Wainwright decision, the nearly universal assessment is that our indigent defense system remains too under-resourced and overwhelmed to fulfill the promise of the landmark decision, and needs to be reformed. At the same time, fiscal necessity and moral outrage have prompted a historic reexamination of outdated policies that have led to an overreliance on incarceration and inefficiencies in the administration of criminal justice. This Essay argues that there are synergies between the indigent defense reform agenda and the broader criminal justice reform agenda, which places a premium on cost-effective, evidence-based, …


Plea Bargaining And The Right To Counsel At Bail Hearings, Charlie Gerstein Jun 2013

Plea Bargaining And The Right To Counsel At Bail Hearings, Charlie Gerstein

Michigan Law Review

A couple million indigent defendants in this country face bail hearings each year and most of them do so without court-appointed lawyers. In two recent companion cases, Lafler v. Cooper and Missouri v. Frye, the Supreme Court held that the loss of a favorable plea bargain can satisfy the prejudice prong of an ineffective assistance of counsel claim. If the Constitution requires effective assistance of counsel to protect plea bargains, it requires the presence of counsel at proceedings that have the capacity to prejudice those bargains. Pretrial detention has the capacity to prejudice a plea bargain because a defendant held …


Session 4-2-A: Taking The Disorder Out Of Gambling Disorder, Denise F. Quirk, Colin M. Hodgen May 2013

Session 4-2-A: Taking The Disorder Out Of Gambling Disorder, Denise F. Quirk, Colin M. Hodgen

International Conference on Gambling & Risk Taking

DSM‐5 Gambling Disorder

A. Persistent and recurrent problematic gambling behavior leading to clinically significant impairment or distress, as indicated by four (or more) of the following in a 12‐month period:

A. Persistent and recurrent maladaptive gambling behavior as indicated by five (or more) of the following:


Community Composition, Demographic Change, And The Impact Of Spatial Proximity To Disadvantage On Violence And Gang Presence In New Jersey Municipalities, Brian Engelmann May 2013

Community Composition, Demographic Change, And The Impact Of Spatial Proximity To Disadvantage On Violence And Gang Presence In New Jersey Municipalities, Brian Engelmann

Dissertations

Neighborhood composition, change, and disadvantage have been shown to influence crime and gang presence in communities. There is a dearth of research, however, that explores whether spatial proximity to disadvantaged areas affects crime and gang presence in nearby locations. Through maps and spatial analysis, this study investigates how neighborhood demographics may vary and may have changed by community type in New Jersey municipalities. Through quantitative analysis and interviews with school and law enforcement officials, the study then analyzes how such community-based phenomena, coupled with proximity to disadvantaged areas, may affect crime, violence, and gang presence in towns and schools.

Findings …