Digital Commons Network^™

Cell Phones, Police Recording, And The Intersection Of The First And Fourth Amendments, Conor M. Reardon

Duke Law Journal

In a recent spate of highly publicized incidents, citizens have used cell phones equipped with video cameras to record violent arrests. Oftentimes they post their recordings on the Internet for public examination. As the courts have recognized, this behavior lies close to the heart of the First Amendment.

But the Constitution imperfectly protects this new form of government monitoring. Fourth Amendment doctrine generally permits the warrantless seizure of cell phones used to record violent arrests, on the theory that the recording contains evidence of a crime. The Fourth Amendment inquiry does not evaluate a seizing officer's state of mind, permitting …

Evaluating The Smart Steps For Stepfamilies: Embrace The Journey Program, A Hierarchical Examination, Katie L. Reck

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Over the past decade, relationship education has grown as a means of enhancing couple relations. This study examines the experiences of 2,828 ethnically diverse and low-income adults who participated in the Smart Steps for Stepfamilies: Embrace the Journey program, a 12-hour stepfamily education program. Self-report measures of relationship quality, couple commitment, and relationship instability were gathered prior to and immediately after the Smart Steps intervention as well as six weeks, six months, and one year post-program. Results suggest that stepfamily participants experienced increases in relationship quality; however, these increases reduced to near pre-program levels one year after the programs completion. …

The Effects Of The Jccs Curriculum On Juveniles' Legal Knowledge, Competency, And Anxiety, Leslie Strasser Murdock

UNLV Theses, Dissertations, Professional Papers, and Capstones

Current law requires that juveniles be competent to stand trial prior to their involvement as defendants in court. According to Dusky v. US, a defendant must have a rational and factual understanding of the court proceedings to be deemed competent to stand trial. Past studies call into question whether juveniles at any age could meet the understanding element of the standard articulated in Dusky v. US (1960). Additionally, youth with disabilities have less knowledge than their typical peers. Besides a lack of legal knowledge, court related anxiety has also been found to have a significant effect on youths going to …

Sustainability Curriculum Inventory And Literacy Assessment: The Influence Of Values On Knowledge Of And Perceived Importance Of Sustainability Components, David James Drogos

Theses

The incorporation of sustainability education and sustainable practices in higher education serves several purposes. It prepares students for work in sustainability-focused professions, fosters environmentally responsible behavior in individuals, and helps to reduce the ecological impacts of the operational aspects of educational institutions. However, contemporary definitions of sustainability, which consider social, political, ecological, and economic influences on the environment, complicate educational initiatives. Distinct educational departments often consider sustainability through their specialized lens. Trans-disciplinary initiative must be enacted in order for sustainability education to reach its full potential. This paper outlines the results of an electronically administered faculty sustainability curriculum inventory as …

Political Motive And Bail: The Effect Of Prosecutorial Strategies On Pretrial Decisions In Federal Terrorism Trials, Michael John Clanton

Graduate Theses and Dissertations

The purpose of this study is to understand how prosecutorial strategies affect pretrial decisions in U.S. terrorism trials and how pretrial decisions in turn affect the disposition of those trials. This research builds off of the work of Smith and Damphousse (1996) which compared terrorism indictees to traditional federal offenders. They found that the use of explicit politicality as a prosecution strategy was a significant predictor of both disposition and the sentence length in terrorism trials. This study focuses on the question of whether the use of an explicitly political prosecution strategy impacts pretrial decisions in terrorism cases and whether …

Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas

Articles

Since the turn of the century, the Supreme Court has regulated noncapital sentencing under the Sixth Amendment in the Apprendi line of cases (requiring jury findings of fact to justify sentence enhancements) as well as under the Eighth Amendment in the Miller and Graham line of cases (forbidding mandatory life imprisonment for juvenile defendants). Although both lines of authority sound in individual rights, in fact they are fundamentally about the structures of criminal justice. These two seemingly disparate doctrines respond to structural imbalances in noncapital sentencing by promoting morally appropriate punishment judgments that are based on individualized input and that …

Beyond Bing: The Arthur Rule Lives On As The Touchstone For The New York State Right To Counsel, Adrienne Levy

Cardozo Law Review

No abstract provided.

Openline Newsletter, December 2013, Civil Service Council

OpenLine Newsletter

A monthly newsletter for Civil Service employees, Volume XXXVIII, Number 6, December 2013.

Achieving The Dream: Extending Immigration Reform To Administrative Case Closure, Tory E. Smith

San Diego Law Review

This Comment compares DACA to administrative case closure and argues that Congress or the President should grant employment authorization to individuals whose cases have been administratively closed. Part I describes the current interpretation of the employment authorization regulation and provides the background of administrative case closure. Part I highlights the disparate treatment that the regulation affords to undocumented immigrants facing deferred action and administrative closure—offering employment authorization to only deferred action recipients. Part II examines the history of deferred action in immigration cases and uses DACA as a framework to show how the scope of the employment authorization regulation should …

Note – The True Man & The Battered Woman: Prospects For Gender Neutral Narratives In Self-Defense Doctrines, Katelyn E. Keegan

UC Law Journal

The recent rise of controversial Stand Your Ground laws has sparked discussions on self-defense law. Comparing the new Stand Your Ground laws with another self- defense doctrine—Battered Women’s Syndrome—it becomes apparent that the law solidifies gender stereotypes by assessing when an individual is justified in using deadly force against an aggressor. “True men” are empowered to use deadly force in public without a duty to retreat, while a battered woman often must provide expert testimony on her psychological condition to prove the reasonableness of her use of deadly force in light of her severe helplessness. At their extremes, both of …

Captive Markets, Leah A. Plunkett

UC Law Journal

Modern county jails have increasingly adopted policies to bill their inmates for some or all of the costs of their room and board. Statutes authorizing counties to implement these “pay-to-stay” programs are on the books in roughly seventy percent of states, yet the financial mechanism on which these programs typically rely is not well understood. Although the pay-to-stay obligation bears some resemblance to familiar citizen-state financial transactions—such as fines and penalties, restitution, taxes, and fees—it usually belongs to a distinct model that this Article calls the “government-imposed loan.” This Article provides an overview of the landscape of pay-to-stay programs and …

Merging And Creating Culturally Relevant Pedagogy In Public Schools, Sunni Ali, Ryan Murphy

Journal of Research Initiatives

During the last fifty years, numerous individuals have sought new strategies for students, such as African Americans, whom the public schools have historically underserved. Not only are some parents of these students seeking change, but also researchers, politicians, and local groups. Nevertheless, it is clear that these efforts have posed several dilemmas, which (a) limit the voice and personal choice of learners, (b) standardize the value of learning, and (c) connote a hegemonic discourse. Therefore, this Best Practices essay is based on the theory that a culturally value-driven framework (CVD) of learning will allow African Americans and other students of …

Faculty News

Sooner Lawyer Archive

No abstract provided.

Summary Of Watters V. State, 129 Nev. Adv. Op. 94, Brian Vasek

Nevada Supreme Court Summaries

The Court determined whether the prosecution’s use of a PowerPoint slide during opening statement with the defendant’s booking photo and the word “guilty” superimposed across the photo was improper advocacy and undermined the defendant’s presumption of innocence.

Students Teaching Students: A Method For Collaborative Learning, Jean Halley, Courtney Heiserman, Victoria Felix, Amy Eshleman

Publications and Research

The Student Small Group Presentation (SSGP) model, a student-centered approach, is introduced and applied to learning communities. Similar to the jigsaw classroom, small groups of students in learning communities are responsible for teaching material to their peers. Unlike other jigsaw techniques, presentation groups in the SSGP teach an entire lesson based on collaborative work conducted outside of class. Presenters are responsible for thorough analysis of course material as they lead a discussion among a small group of peers. Students meet with the same small group throughout the semester, creating a feeling of intimate community within the larger learning community. By …

Library Research For The 99%: Reaching Out To The Occupy Wall Street Movement, Darcy I. Gervasio, Angela Ecklund, Arieh Ress

Urban Library Journal

This article describes how librarians from three different universities in the greater New York area came together through the myMETRO Researchers Project to reach out to Occupy Wall Street. Using social media and free online tools to partner with Occupy’s environmental subgroup, the authors overcame proprietary roadblocks, copyright challenges, and distrust/skepticism to discover the authentic information needs of activists and compile an annotated bibliography of scholarly research on the real-world impacts of climate change. This successful collaboration is an example of how institutions can be used as contact points through which individuals can affect change on society, and how librarians …

The Best Interests Of The Child?: The Cultural Defense As Justification For Child Abuse, R. Lee Strasburger Jr.

Pace International Law Review

As the world continues to shrink and immigration increases across the globe, children are more frequently being raised under the influence of several cultures. As these cultures clash, children may be subject to child-rearing practices that are abusive in one culture and accepted in another, leaving state criminal court systems to sort out the aftermath. In these cases, the accused immigrant parents may be able to use the cultural defense to escape conviction or mitigate their sentences in the face of child abuse charges. This cultural defense has been successfully used in courts all over the world, including the United …

Transdisciplinary Perspectives On Pathways To Citizenship Behaviors In Mutual-Help Addiction Recovery Housing, Christopher Beasley

College of Science and Health Theses and Dissertations

Substance abuse and dependence is a social problem in the U .S. that continues to be difficult to adequately address (Dutra et al.. 2008; Harwood. 2000; 0 DCP, 2004; SAMHSA,2010). Services such as inpatient treatment, outpatient treatment, mutual-help addiction support groups and recovery housing have attempted to redress the issue with limited effect (Jason eta l2001 ). Obviously, additional research is needed for these serv ices. In particular, additional research is needed for mechanisms by which mutual-help and recovery housing influence behavior. For example, research suggests that members who engage in helping behaviors have more favorable outcomes (Crape. Latkin, Laris. …

The Prospector, November 26, 2013, Utep Student Publications

The Prospector

Headline: Catch 'Em If You Can!

From Colonization To R.E.S.P.E.C.T.: How Federal Education Policy Fails Children And Educators Of Color, Rachelle Lanette Ard, Christopher B. Knaus

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

In this paper, we argue that national education policy has maintained educational inequality through continually avoiding the very causes of inequality. While a steady stream of re-formulated educational policy mantras lead educators to continually shift curriculum and assessment tools, these efforts ignore the unexamined racism that shapes schooling in the U.S. This paper frames federal policy efforts as designed to continue to benefit White educators (and educators of color aligned to White interests), while justifying educational inequality, measured loosely by false notions of academic achievement. These policy efforts promote economic inequality, promote racialized ideals of what an educator and educational …

Gsu View, 2013-11-25, Office Of Marketing And Communications

GSU View

Newsletter published by Governors State University 2007-current.

11-25-2013 Astle Receives Golden Quill Award From Oklahoma Bar Association, Southwestern Oklahoma State University

THE BARK ARCHIVE 2013

Dr. Dorie Astle, associate professor in the Southwestern Oklahoma State University Department of Social Sciences in Weatherford, recently received the Maurice Merrill Golden Quill Award from the Oklahoma Bar Association.

Brief Of The National Education Association And Arizona Education Association As Amici Curiae In Support Of Plaintiffs-Appellants, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

Commonwealth Times 2013-11-25

Commonwealth Times, 1969-

No abstract provided.

2013 November 25 - Graduate Council Minutes, College Of Graduate And Continuing Studies, East Tennessee State University

Graduate Council Agendas and Minutes

No abstract provided.

The Daily Egyptian, November 25, 2013, Daily Egyptian Staff

November 2013

No abstract provided.

The Tiger Vol. 107 Issue 23 2013-11-22, Clemson University

Tiger Newspapers

No abstract provided.

The Echo: November 22, 2013, Taylor University

2013-2014 (Volume 101)

Tornadoes hit close to home – Shooting at Liberty University presents questions on security – Top five news events of the week – Online Teasers – TU Marketplace to launch Saturday – In The Loop – Uncertain death – Hilarious headlines – A Masonic masquerade – 10 tips to ensure Black Friday survival – Roommates prepare for goodbye – Ask Angelina – DC Recipe of the week – Echograms #TaylorU -- #TaylorU’s Top Tweets – Hobbits, daydreams, snow queens and Will Ferrell – Inconceivable! – Successful Sundance film on international screening tour – All things in due season – I …

Panther - November 2013 - Vol. Xciii, No.10, Prairie View A&M University

PV Panther Newspapers 2013

No abstract provided.

Hawks' Herald -- Nov. 21 , 2013, Roger Williams University

Hawk's Herald

No abstract provided.