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Contract Theory And The Failures Of Public-Private Contracting, Wendy Netter Epstein

All Faculty Scholarship

The market for public-private contracting is huge and flawed. Public-private contracts for services such as prisons and welfare administration tend to result in cost savings at the sacrifice of quality service. For instance, to cut costs, private prisons skimp on security. Public law scholars have studied these problems for decades and have proposed various public law solutions. But the literature is incomplete because it does not approach the problem through a commercial lens. This Article fills that gap. It considers how economic analysis of contract law, in particular efficiency theory and agency theory, bear upon the unique problems of public-private …

Whitworth University Catalog 2013-2014, Whitworth University

Whitworth Catalog

No abstract provided.

#Occupy In The San Francisco Bay, Dorothy Kidd

Media Studies

If Occupy Wall Street focused attention on the transnational resistance to the imaginaries and practices of neo-liberalization, the networked protests, collectively identified as #Occupy each emerged out of particular places, contexts and histories of contestation. This paper examines the significance in one urban region, the San Francisco Bay, and especially the intersection between #Occupy and longer-term residual urban social movements. Understanding neo-liberalization as a dynamic process, I begin by mapping the vectors of contention in the regional imposition of the neo-liberal project, and especially the sectors of housing, employment, education and media representation. I then analyse the intersection of the …

Lincoln University Graduate Bulletin 2013-2015, Lincoln University, Jefferson City Missouri

Bulletins and Catalogs

It is each graduate student’s responsibility to be familiar with the information presented in this bulletin and to know and observe all regulations and procedures relating to the program he/she is pursuing. In no case will a regulation be waived, or an exception be granted, because students plead ignorance of, or contend that they were not informed of, the regulations and procedures. Responsibility for following all policies and meeting all requirements and deadlines for graduate programs rests with the student. --Taken from bulletin

Lincoln University Undergraduate Bulletin 2013-2015, Lincoln University, Jefferson City Missouri

Bulletins and Catalogs

The Lincoln University Undergraduate Bulletin contains the academic regulations and degree requirements of the University. A student may choose to satisfy the requirements for graduation from any one Bulletin issued in the eight years prior to the awarding of a bachelor's degree or the three years prior to the awarding of an associate degree, provided that he/she was enrolled during the school year for which that Bulletin was issued.

The Lincoln University Undergraduate Bulletin also serves as a guide to the academic programs of the University and is intended to assist students in the selection of their programs of study. …

Fair Employment, Voting Rights, And Racial Violence (Including Introduction), Timothy N. Thurber

History Publications

Introduction and chapter one from the book, Republicans and Race: The GOP’s Frayed Relationship with African Americans, 1945–1974.

From the author's introduction "I offer a fresh look at the relationship between African Americans and the GOP. This book explores how Republicans at the federal level approached racial policy and politics between 1945 and 1974. Though the struggle for black equality existed before then and continues today, these three decades constitute a distinct era in that battle. African Americans and their allies grew more assertive in challenging the status quo. Some focused on direct action protests, while others primarily lobbied the …

Popular Constitutional Values: The Links Between Public Opinion And The Supreme Court's 2011 Term, Peter J. Woolley, Bruce G. Peabody

Res Gestae

No abstract provided.

Preventing Resident-To-Resident Abuse In Long-Term Care: Targeting Sex Offenders But Missing The Mark

Marquette Elder's Advisor

No abstract provided.

Introduction: Wounds Of War: Meeting The Needs Of Active-Duty Military Personnel And Veterans With Post-Traumatic Stress Disorder, Kathy L. Cerminara

Faculty Scholarship

Kathy Cerminara, Introduction: Wounds of War: Meeting the Needs of Active-Duty Military Personnel and Veterans with Post-Traumatic Stress Disorder, 37 Nova Law Review 439 (2013).

Nova Lawyer: 2012-2013 - A Year In Review, Nova Southeastern University - Shepherd Broad Law Center

Nova Lawyer

No abstract provided.

Sexual Violence, The Ad Hoc Tribunals And The International Criminal Court: Reconciling Akayesu And Kunarac, Caleb J. Fountain

ILSA Journal of International & Comparative Law

The International Criminal Court (ICC) will soon be the dominant international forum adjudicating allegations of international crimes, as those currently in operation are projected to complete their mandates in the next few years.

Combating Human Trafficking-The U.S. Government's Response: A Panel And A Perspective On Counter-Trafficking In Persons, Norman L. Greene, Eric Beinhart

ILSA Journal of International & Comparative Law

Combating Human Trafficking-The U.S. Government's Response was a multi-agency, multi-disciplinary webinar held at the George Washington University Law School before a live audience at the Law School and on the internet on March 20, 2012, sponsored by the Law School and the American Bar Association Section of International Law' as well as by The American Society of International Law.

Graduate School Of Humanities And Social Sciences 2013-2014 Catalog, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

Graduate School Of Humanities And Social Sciences 2013-2014 Catalog, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

Violence Prevention In Middle School: A Preliminary Study, Wendy K. Killam, Catherine B. Roland, Bill Weber

Faculty Publications

Violence in schools continues reflecting violence within society. There is a growing need for violence prevention programs within the schools that provide students with the skills needed to cope with interpersonal and relationship is-sues effectively. This study was conducted at a middle school and there were 345 middle school students (6th to 8th grade) who participated in the study. The students participated in a violence prevention program. In this study, the researchers used a pre-test/post-test design and the results indicated that there were some changes in attitudes towards violence that occurred after the intervention.

Plea Bargaining After Frye And Lafler, A Real Problem In Search Of A Reasonable And Practical Solution (Meeting The Challenges Of Frye And Lafler) [Keynote Address], W. Louis Sands

Duquesne Law Review

No abstract provided.

Plea-Bargaining Law After Lafler And Frye, Russell D. Covey

Duquesne Law Review

In the spring of 2012, the U.S. Supreme Court decided two cases that threw the phenomena of plea bargaining into high relief. In Lafler v. Cooper and Missouri v. Frye, the Court was asked to decide whether a defendant's Sixth Amendment right to counsel had been violated when the defendant received deficient advice from his lawyer during plea bargaining and as a result either proceeded to trial and was convicted, or was forced to enter a later guilty plea on worse terms, in either event causing him to receive a more punitive sentence than he would have had he …

The Indirect Potential Of Lafler And Frye, Wesley Macneil Oliver

Duquesne Law Review

There are a range of opinions about the potential impact of the Supreme Court's latest opinions. My view of the potential of these cases to create some meaningful limit on the presently unregulated world of plea bargaining is probably the most optimistic, or radical, of anyone who participated in this conference. Missouri v. Frye and Lafler v. Cooper, in my view, hold the potential to improve the quality of representation defendants receive in the negotiation process and may lead judges to create a set of advisory guidelines for the exercise of prosecutorial discretion. The direct impact of these opinions …

The Duties Of Non-Judicial Actors In Ensuring Competent Negotiation, Stephanos Bibas

Duquesne Law Review

I am delighted that Professor Wes Oliver and the Duquesne University School of Law are hosting this timely and important symposium on plea-bargaining after Lafler and Frye and this panel on what it takes to make defense counsel effective negotiators. Those decisions have provoked a long-overdue conversation about what kind of defense lawyering is effective and constitutionally required in a world of guilty pleas. Though the Court recognized decades ago, in Hill v. Lockhart, that ineffective assistance could taint guilty pleas, it is only now working through what that principle must mean and how to implement it in practice.

Putting The Trial Penalty On Trial, David S. Abrams

Duquesne Law Review

The "trial penalty" is a concept widely accepted by all the major actors in the criminal justice system: defendants, prosecutors, defense attorneys, court employees, and judges. The notion is that defendants receive longer sentences at trial than they would have through plea bargain, often substantially longer. The concept is intuitive: longer sentences are necessary in order to induce settlements and without a high settlement rate it would be impossible for courts as currently structured to sustain their immense caseload.

Do Procedural Claims Drive Out Merits Claims In Plea Bargaining?: A Comment On The Work Of The Late Professor William Stuntz, Gabriel J. Chin

Duquesne Law Review

In his now classic body of work on plea bargaining, the late William Stuntz answered one the of the most disturbing challenges to the institution of plea bargaining: That it promotes conviction of the innocent by putting them to the torturous choice of pleading guilty to a crime they did not commit, or going to trial and facing the possibility of conviction, and thus even more time. Stuntz, like other scholars, persuasively contended that denying innocent defendants the opportunity for a plea bargain could only make them worse off because they would be forced to go to trial where they …

More Than A "Quick Glimpse Of The Life": The Relationship Between Victim Impact Evidence And Death Sentencing, Jerome E. Deise, Raymond Paternoster

Faculty Scholarship

In striking down the use of victim impact evidence (VIE) during the penalty phase of a capital trial, the Supreme Court in Booth v. Maryland and South Carolina v. Gathers argued that such testimony would appeal to the emotions of jurors with the consequence that death sentences would not be based upon a reasoned consideration of the blameworthiness of the offender. After a change in personnel, the Court overturned both decisions in Payne v. Tennessee, decided just two years after Gathers. The majority in Payne were decidedly less concerned with the emotional appeal of VIE, arguing that it would only …

Addressing The Harm Of Total Surveillance: A Reply To Professor Neil Richards, Danielle Keats Citron, David C. Gray

Faculty Scholarship

In his insightful article The Dangers of Surveillance, 126 HARV. L. REV. 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting "intellectual privacy." Although we share his interest in recognizing and protecting privacy as a condition of personal and intellectual development, we worry in this essay that, as an organizing principle for policy, "intellectual privacy" is too narrow and politically fraught. Drawing on other work, we therefore recommend that judges, legislators, and executives focus instead on limiting the potential of surveillance technologies to effect programs of broad and indiscriminate …

A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats Citron

Faculty Scholarship

On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect’s public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately resolved on narrow grounds, five Justices joined concurring opinions in Jones expressing sympathy for some version of the “mosaic theory” of Fourth Amendment privacy. This theory holds that we maintain reasonable expectations of privacy in certain quantities of information even if we do not have such expectations in the constituent parts. This Article examines and …

Criminal Records, Race And Redemption, Michael Pinard

Faculty Scholarship

Poor individuals of color disproportionately carry the weight of a criminal record. They confront an array of legal and non-legal barriers, the most prominent of which are housing and employment. Federal, State and local governments are implementing measures aimed at easing the everlasting impact of a criminal record. However, these measures, while laudable, fail to address the disconnection between individuals who believe they have moved past their interactions with the criminal justice system and the ways in which decision makers continue to judge them in the years and decades following those interactions. These issues are particularly pronounced for poor individuals …

School-Based Legal Services As A Tool In Dismantling The School-To-Prison Pipeline And Achieving Educational Equity, Barbara Fedders, Jason Langberg

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Political Economy Of Vietnam: Market Reform, Growth, And The State, Joshua M. Steinfeld, Khi V. Thai

Maryland Series in Contemporary Asian Studies

No abstract provided.

Scholarworks Statistics - January 2013, Scholarworks

ScholarWorks Reports

For the month of January 2013, ScholarWorks recorded a total of 26,686 full-text downloads and 11,356 page views.

2013-2014 Boise State University Graduate Catalog, Boise State University Office Of The Registrar

University Catalogs

No abstract provided.

2013-2014 Boise State University Undergraduate Catalog, Boise State University Office Of The Registrar

University Catalogs

No abstract provided.