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Graduate News, Office Of Graduate Studies, Old Dominion University

Graduate News

November 2013 issue of Graduate News from the Office of Graduate Studies (now, ODU Graduate School).

Scholarworks Statistics - November 2013, Scholarworks

ScholarWorks Reports

For the month of November 2013, ScholarWorks recorded a total of 27,078 full-text downloads and 17,653 page views.

Transitional Justice: Prioritizing Truth Commissions Or International Tribunals To Ensure Healing And Reconciliation, Jlateh Vincent Jappah, Danielle Taana Smith

Journal of International and Global Studies

There is a recent increased examination of the effects of international funding for truth commissions and criminal tribunals in post-conflict societies as they transition to peace. The discourse on whether to prioritize truth commissions or international criminal tribunals and which form of transitional justice more effectively fosters healing and reconciliation continues to be highly polemical. This paper explores whether, in terms of post-conflict healing and reconciliation, international funding would be better spent on truth commissions than on international criminal tribunals or vice versa. It examines the complexities and heterogeneity of transitional societies and suggests that international funding for transitional justice …

Concurrent Enrollment Programs And Acquired Social Capital For Students From Impoverished Backgrounds: An Examination Of High School And College Outcomes, Dan D. Jorgensen

Electronic Theses and Dissertations

Poverty has been linked to reduced workforce opportunities, reduced collegegoing rates, increased social-emotional challenges, and even negative health consequences. Postsecondary educational opportunities, offered during high school, that contribute to the acquisition of social capital may improve academic outcomes for students from impoverished backgrounds. The Colorado concurrent enrollment legislation, provides one opportunity for students to enroll in college level coursework and receive college credits with tuition being paid through state funding while in high school. Concurrent enrollment (CE) programs support the college application, financial aid and enrollment processes. Most importantly, they also support the development of social networks that may foster …

Lwv Bulletin, November, 2013, League Of Women Voters Of The Huntington Area

League of Women Voters of the Huntington Area Bulletin 2010-2019

The Bulletin is published by the League, which is a nonpartisan political organization that encourages the informed and active participation of citizens in government and influences public policy through education and advocacy.

Dirty Silver Platters: The Enduring Challenge Of Intergovernmental Investigative Illegality, Wayne A. Logan

Scholarly Publications

This Essay addresses a longstanding concern in American criminal justice: that law enforcement agents of different governments will work together to evade a legal limit imposed by one of the governments. In the past, with the U.S. Supreme Court in the lead, courts were prone to closely scrutinize intergovernmental investigative efforts, on vigilant guard against what the Court called improper “working arrangements.” Judicial vigilance, however, has long since waned, a problematic development that has assumed added significance over time as investigations have become increasingly multijurisdictional and technologically sophisticated in nature.

The Essay offers the first comprehensive examination of this phenomenon …

Sotomayor's Empathy Moves The Court A Step Closer To Equitable Adjudication, Veronica Couzo

Notre Dame Law Review

On August 6, 2009, then-Judge, now-Justice, Sonia Sotomayor was confirmed as the nation’s first Latina Supreme Court Justice. While many Latinos embraced the idea of having “Sonia from the Bronx” on the bench, others were fearful that her jurisprudence, combined with her background, would result in “reverse racism.” These fears, while arguably unfounded at the time, have been completely dispelled. Just as Justice Thurgood Marshall transformed the adjudications of the Supreme Court through experiential discourse, so too, to a lesser extent, has Justice Sotomayor. In both oral arguments and written opinions, Justice Sonia Sotomayor has demonstrated educative leadership—enlightening her colleagues …

Evidence Matters (November 2013), Center For Evidence-Based Practices

Evidence Matters

Newsletter of the Center for Evidence-Based Practices at Case Western Reserve University

2013 Byu Law School Annual Report, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

No abstract provided.

Counteracting Dynamics Of Violent Communication In Bullying, Jacques L. Koko

Peace and Conflict Studies

This study examines fourteen conversations from observations conducted on bullying among 8th graders in 2002, in a Middle School in Virginia in the United States of America to: (1) identify power disparity in verbal bullying between bullies and targets, (2) examine how power disparity in verbal bullying empowers the perpetrator against silent targets, (3) explain how targets’ verbal responses neutralize bullies or stop bullying, and (4) design an approach to counteracting verbal bullying –the “agere contra” approach to bullying, which demonstrates how words could also be used, not only to counteract bullying, but also to heal both the perpetrator and …

Reporter - November 1st 2013, Rit Reporter Staff

University Publications

No abstract provided.

The Misbegotten Judicial Resistance To The Daubert Revolution, David E. Bernstein

Notre Dame Law Review

This Article reviews the history of the evolution of the rules for the admissibility of expert testimony since the 1980s, the revolutionary nature of what ultimately emerged, and the consistent efforts by recalcitrant judges to stop or roll back the changes, even after Rule 702 was amended to explicitly incorporate a strict interpretation of those changes.

Part I reviews the law of expert testimony through the Supreme Court’s Daubert decision. Critics had charged for decades that the adversarial system was a failure with regard to expert testimony. Parties to litigation, they argued, often presented expert testimony of dubious validity because …

An Argument Against Open-File Discovery In Criminal Cases, Brian P. Fox

Notre Dame Law Review

This Note argues that, for the most part, open-file discovery proponents fail to recognize the added burden that defense counsel would face under a regime in which all items of the prosecution’s evidence are available for investigation by the defense. This is particularly true in the eighty to ninety percent of criminal cases where the defendant is indigent, and the court appointed defense counsel is operating under strict resource constraints.

This Note also argues that advocates of open-file discovery fail to recognize that in the majority of cases involving prosecutorial misconduct, the prosecutor’s intentional wrongdoing will be sufficient to overshadow …

Standing For The Structural Constitution, Aziz Huq

Articles

No abstract provided.

Ipulse: November 2013, Lynn University

Student Newspapers

Issues:

• November 1, 2013
• November 4, 2013
• November 5, 2013
• November 6, 2013
• November 7, 2013
• November 8, 2013
• November 11, 2013
• November 12, 2013
• November 14, 2013
• November 15, 2013
• November 18, 2013
• November 19, 2013
• November 20, 2013
• November 21, 2013

Voices On Campus: Remembering Bridgewater: Coming Home After Four Decades, Francis T. Cullen

Bridgewater Review

No abstract provided.

Juvenile Lifers And Judicial Overrreach: A Curmedgeonly Meditation On Miller V. Alabama, Frank O. Bowman Iii

Missouri Law Review

This Article focuses very little on the implications of Miller and Graham for the population they most directly affect – juvenile offenders previously eligible for sentences of life without parole – and more on the implications of the Court’s reasoning in Miller and Graham for sentencing generally. However gratifying the results of Miller and Graham may be as sentencing policy, they are troubling as a constitutional matter both because they are badly theorized and because they are two strands of a web of decisions in which the Court has consistently used doubtful constitutional interpretations to transfer power over criminal justice …

Mill(Er)Ing Mandatory Minimums: What Federal Lawmakers Should Take From Miller V. Alabama, Mary Price

Missouri Law Review

In this Article, I make the case that, while the robust proportionality principles informing Miller and similar cases are unlikely to translate into the end of mandatory minimum sentencing by way of the Eighth Amendment (at least anytime soon), embracing sentencing proportionality is the key for lawmakers who are – or should be – addressing the unsustainable growth in the federal prison population as a distinct threat to public safety. Politicians who support mandatory minimums have been immune over the years to the many reasoned arguments about how unjust those sentences are and what costs they pose to families and …

Eighth Amendment Differentness, William W. Berry Iii

Missouri Law Review

Part II of the Article provides the context for the Miller case, outlining the theoretical underpinnings of the Court’s Eighth Amendment jurisprudence. Part III describes the Court’s “different” jurisprudence, linking the concept of “juveniles are different” to the Court’s longstanding view that “death is different.” In Part IV, the Article demonstrates how the two possible interpretations of the Court’s statement in Miller that “juveniles are different” – as a character-based form of differentness and, in the case of juvenile LWOP, as a punishment-based form of differentness – create distinct theoretical bases for broadening the scope of the Eighth Amendment. Finally, …

Not Just Kid Stuff - Extending Graham And Miller To Adults, Michael M. O'Hear

Missouri Law Review

Part II more fully unpacks the central jurisprudential values that animate Graham and Miller. By reference to these values, Part III explains how Graham and Miller may be reconciled with Harmelin and Ewing. Finally, Part IV discusses the application of Graham and Miller to one particular category of adult offenders – those sentenced under the three-strikes provision of 21 U.S.C. § 841(b)(1)(A) – and concludes that at least some of these offenders may have viable Eighth Amendment claims

Precedent As A Policy Map: What Miller V. Alabama Tells Us About Emerging Adults And The Direction Of Contemporary Youth Services, Clark M. Peters

Missouri Law Review

To illuminate the role that Miller plays with regard to the wider realm of youth policy, I will employ the analytic approach of Professor John Kingdon, whose influential book Agendas, Alternatives, and Public Policies (Agendas) provides a framework for understanding how ideas move from mere proposals to effectuated policy. His approach emerges from the pluralist tradition, which emphasizes government processes and the role of political influence in affecting policy choices. In posing Kingdon’s central question – “How does an idea’s time come?” – to the Miller decision, this Article employs Kingdon’s theoretical framework in two ways. First, Kingdon’s framework is …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 46, Number 2, Fall 2013

Nebraska Transcript

Dean’s Message, pg. 2

Faculty Updates

Profile: Richard Duncan, pg. 4

Profile: Glenda Pierce Retires, pg. 6

Faculty Notes, pg. 10

Schmidt Granted Tenure, pg. 20

Hurwitz Uses Computer Science Training, pg. 22

Sullivan Joins Civil Clinic Faculty, pg. 24

Feature:

College Opens Doors to New Clinical Experience, pg. 26

Around the College

Admissions: Introducing the Class of 2016, pg. 30

Poser Tours Air Force Base, pg. 33

CSO: Behind the Statistics, pg. 34

Levick’s Perry Fuller Program Lecture, pg. 38

Cline Williams Jurist in Residence:

Hon. Randall Rader, pg. 40

Pound Lecture Delivered by Levinson, pg. 42

Student Accolades, …

Fear Of On-Line Victimization Among Undergraduate Students: A Comparative Study Of Two Selected Urban Universities, Sadiq Isa Radda, Philip Nnameziri Ndubueze

African Journal of Criminology and Justice Studies

The study assessed the prevalence and patterns of fear of on-line victimization among students using a sample of 641 students enrolled in undergraduate studies in two urban public universities in North Western and South Eastern Nigeria, i.e, Bayero University, Kano and University of Nigeria, Nsukka respectively. Specifically, the study sought to answer the questions: How prevalent is the fear of on-line victimization among undergraduate students? What are the patterns of the fear of on-line victimization among undergraduate students? Data from the two universities were compared. The results indicate that there is a high prevalence of fear of online victimization among …

Eritrean Customary Laws: ‘Old-Modern’ Treasures For Introducing An Effective Sentencing Regime – The “Just Desert” System, Habteab Y. Ogubazghi, Senai W. Andemariam

African Journal of Criminology and Justice Studies

Modern criminal justice has often been criticized for the lack of uniformity in sentencing caused principally by the lack of easily identifiable categorization of offences by the degree of their severity and wide range in the sentences set for offences. The ‘Just Desert’ sentencing system has recently been favored as a workable solution. It is acclaimed to guarantee the establishment of fair, proportional, uniform, predictable and efficient criminal justice system. The authors identified elements of just desert in the Eritrean customary laws that just desert can be a sentencing choice fitting to the values and norms of the Eritrean people. …

Exploring Trust In Perception Of Crime Models In South Africa, Kyshawn Smith, Leroy Hamilton Jr.

African Journal of Criminology and Justice Studies

Social capital has been poked and prodded by scores of intellectuals across a vast array of disciplines since 18th century Progressive L.J. Hanifan first coined the term (Hanifan 1916), and its resurgence in popularity over the last 30 years has fueled much contemporary discourse in the social sciences. Particularly in criminology, scores of studies conducted during this period articulate the positive and negative effects of social capital in the creation and maintenance of safe, healthy communities and civil social structures (Jacobs 1961; Coleman 1990; Putnam 2000; White N.d.). However, while conceptually social capital and the components of which it is …

Jeremy Horder's Homicide And The Politics Of Law Reform, Guyora Binder

Book Reviews

No abstract provided.

The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore

Seattle Journal for Social Justice

No abstract provided.

G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore

Seattle Journal for Social Justice

No abstract provided.

Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi

Seattle Journal for Social Justice

No abstract provided.

About The Authors

Seattle Journal for Social Justice

No abstract provided.