Digital Commons Network^™

A Tale Of Two Districts: Lessons Learned From Missouri’S Human Trafficking Task Forces, Abby Duncan

Saint Louis University Public Law Review

No abstract provided.

Embracing Justice Roberts’ “New Medicaid”, Sidney D. Watson

Saint Louis University Journal of Health Law & Policy

No abstract provided.

A Few Good Angry Men: Application Of The Jury Trial Clause Of The Sixth Amendment To Non-Citizens Detained At Guantanamo Bay, Thomas Mcdonald

American University Law Review

No abstract provided.

Toward A Conceptual Framework For Trauma-Responsive Practice In Courts, Shawn C. Marsh, Joan Byer

Criminal Law Practitioner

No abstract provided.

The Arbitrariness In “Arbitrariness” (And Overbreadth And Gross Disproportionality): Principle And Democracy In Section 7 Of The Charter, Alana Klein

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper examines the rise to prominence of proportionality analysis in section 7 of the Canadian Charter of Rights and Freedoms. In recent years, the Supreme Court of Canada has affirmed that any law affecting life, liberty and security of the person must not be arbitrary, overbroad or grossly disproportionate. The expansion of section 7’s substantive scope to include means-testing government action re-engages concerns about judicial capriciousness that have troubled section 7 since its early days. This paper examines this concern in light of section 7’s history. It suggests that the prominence of proportionality analysis in section 7 may be …

Vagueness, Inconsistency And Less Respect For Charter Rights Of Accused At The Supreme Court In 2012-2013, Don Stuart

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper suggests that several recent decisions of the Supreme Court show undue vagueness, inconsistency and less resolve to protect the Charter rights of accused. The rhetorical reliance on the language of Charter “values” of “equality, autonomy, liberty, privacy and human dignity” in R. v. Mabior is seen as increasingly unruly and leading to considerable inconsistency. Leaving the test of intervening cause largely untethered in R. v. Mabin is found to be unfortunate. It is suggested that complex and deeply divided rulings in R. v. Prokofiew have left comments on the accused’s silence at trial to the largely unfettered discretion …

The (Re)Discovery Of The Proportionality Principle In Sentencing In Ipeelee: Constitutionalization And The Emergence Of Collective Responsibility, Marie-Eve Sylvestre

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper discusses two important developments following the Supreme Court’s decisions in Ipeelee/Ladue. First, it suggests that the Court’s first-time recognition of the proportionality principle in sentencing as a principle of fundamental justice under section 7 of the Charter is likely to have tremendous impact on sentencing the ory and practice by offering new constitutional grounds to challenge mandatory minimal sentences and arbitrarily disproportionate sentences. Second, this paper builds on the Court’s development around the notion of degree of responsibility to propose a new conception of shared and collective responsibility that includes the responsibility of state agents and of the …

Genetic Privacy & The Fourth Amendment: Unregulated Surreptitious Dna Harvesting, Albert E. Scherr

Georgia Law Review

Genetic privacy and police practices have come to the
fore in the criminal justice system. Case law and stories
in the media document that police are surreptitiously
harvesting the out-of-body DNA of putative suspects.
Some sources even indicate that surreptitious data
banking may also be in its infancy. Surreptitious
harvesting of out-of-body DNA by the police is currently
unregulated by the Fourth Amendment. The few courts
that have addressed the issue find that the police are free
to harvest DNA abandoned by a putative suspect in a
public place. Little in the nascent surreptitious harvesting
case law suggests that surreptitious …

A Feather On One Side, A Brick On The Other: Tilting The Scale Against Males Accused Of Sexual Assault In Campus Disciplinary Proceedings, Barclay S. Hendrix

Georgia Law Review

On April 4, 2011, the Department of Education's Office
of Civil Rights issued a "Dear Colleague" letter regarding
Title JX's applicability to sexual violence on college
campuses. This letter was sent to every college or
university receiving federal funding and instructed
recipients on how to meet their legal obligations. Some of
the most important changes in the letter pertained to how
schools must conduct their grievance procedures in
adjudicatingsexual assault claims. First, the 2011 letter
requires that schools use a preponderance of the evidence
standard to determine the accused's guilty or innocence.

Second, the letter strongly discourages schools from
allowing …

The Modern Trial And Evidence Law: Has The "Rambling Altercation" Become A Pedantic Joust?, Daniel D. Blinka

Georgia Law Review

This Article places the relationship between evidence
rules and the modern trial in a historical context. The
trial's foundation is in popular culture-lay witnesses
testifying before a lay jury. Eighteenth-century trials were
a "rambling altercation" between the defendant and his
accusers-unruly (literally), unstructured, very brief, and
less concerned with the "truth"than a socially acceptable
judgment. The modern trial's emergence in the nineteenth
century coincided with the professionalization of law, the
active involvement of lawyers as advocates, and the
sprouting of evidence rules to regulate both lawyers and
lay juries. Nonetheless, evidence law accommodated
prevailing lay culture in order to foster …

Killers Shouldn't Inherit From Their Victims-Or Should They?, Carla Spivack

Georgia Law Review

This Article questions, for the first time, the equitable and policy basis of Slayer Rules, the rules that bar killers from inheriting from those they kill. It shows that killings that involve inheritance usually occur as a result of domestic abuse or severe mental illness, and argues that, because the legal and social service systems offer little help to those trapped in abusive relationships or those disabled by mental illness, it is not justifiable for those systems to deprive the killer of an inheritance when he or she takes the only means of escape available.

Csbs Statements, V15, 2013, University Of Northern Iowa. College Of Social And Behavioral Sciences.

CSBS Statements

Contents:

-- From the Desk of the Dean
-- Stephen Quirk
-- CSBS faculty provides social science research support to YESS
-- CSBS alumna served as YESS intern and found her place
-- Quirk family leaves legacy in CSBS
-- A Young Hopeful
-- "We need to take care of each other."
-- From our Director of Development
-- The Dean's Fund for Excellence
-- College of Social & Behavioral Sciences Loyalty Roster
-- Dean's Fund Inner Circle
-- 2013 Distinguished Alumni Day
-- Center for Violence Prevention
-- Center for Social & Behavioral Research
-- GeoTREE Center
-- New …

The Case To Accredit Homeland Security Programs: Why Outcomes-Based Accreditation Makes Sense, James D. Ramsay

Applied Aviation Sciences - Daytona Beach

The following essay lays out an argument for program level accreditation in academic homeland security (HS) programs. Admittedly, neither the practice nor the educational components of the HS discipline are standardized. Indeed, a recent analysis by the Congressional Research Service indicates that there remain several operational definitions of HS in practice. Regardless, this paper provides rationale which argues that after roughly eight years, academic HS has developed enough to be able to identify and support a distinct set of student learning outcomes— knowledge, skills and attitudes—that can both characterize and define the discipline.

Generally, program level academic accreditation requires a …

Volume 7, 2013, Csusb

Scholarship in Action newsletter

What to look for in this issue...

• Faculty Research
  • Carolyn Eggleston p.1
  • Submission Success Rates- CSUSB Faculty Rock! p.9
• Awards p.4
• Grant Writers' Workshop Coming in June p.6
• Did you Know? p.6
• Presentations, Publications, Exhibitons and Performances p.7
• SCORE More with NIH p.12
• Helpful Hints p.13
• Contact Information p.13

Thomas Cooper Society Newsletter - Winter 2013, University Libraries--University Of South Carolina

Thomas Cooper Society Newsletter

Contents:

The C. Edgar and Julie Grisson Collection of Ernest Hemingway..... p.1
Current and Upcoming Exhibits..... p.2
Report from the President..... p.2
Students' Book Art is Exquisite — and Collectible..... p.3
Irvin Department Welcomes Two New Employees..... p.4
News from the Irvin Department..... p.4
Naturalist Speaks at Exhibit Opening..... p.5
In Memorium..... p.5
AP Photos Featured..... p.5
Open Gallery Events Held This Spring..... p.5
Fund Celebrates First Recipient..... p.5
Recent Gifts and Acquisitions..... p.6
Student Assistant Fund Has Been Established..... p.6
Mark Your Calendar..... p.8

Transforming Domestic Violence Representation, Jane K. Stoever

Kentucky Law Journal

The dominant theories used in the law to explain domestic violence, namely, the Power and Control Wheel and the Cycle of Violence, provide only limited insight into intimate partner abuse. Both theories focus exclusively on the abusive partner' wrongful actions, consistent with recent decades' concentration on criminalization, but fail to educate about the survivor's needs and efforts to end violence. The Stages of Change Model, conversely, reveals that domestic abuse survivors seek an end to relationship violence through a five-stage cyclical sequence and identifies the survivor's needs and actions at each stage. This critical information should inform the representation of …

White Collar Overcriminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan

Kentucky Law Journal

No abstract provided.

Toward A Common Law Of Plea Bargaining, Wesley Macneil Oliver

Kentucky Law Journal

No abstract provided.

Grand Valley Magazine, Vol. 12, No. 3 Winter 2013, Grand Valley State University

Grand Valley Magazine

Grand Valley Magazine is a quarterly publication about Grand Valley State University produced by University Communications since 2001.

Drawing On Daubert: Bringing Reliability To The Forefront In The Admissibility Of Eyewitness Identification Testimony, Suedabeh Walker

Emory Law Journal

Eyewitness identification evidence has long been recognized for its tendency toward unreliability and its susceptibility to suggestion. At the core of eyewitness identification is the ability to recognize unfamiliar faces-a memory process that can be distorted by factors intrinsic to the nature of memory, as well as by extrinsic suggestive identification procedures, such as lineups. Because the guilt or innocence of a criminal defendant is often at stake in cases where eyewitness identification is at issue, this potential for distortion is particularly worrisome. In fact, this concern is borne out in statistical data about wrongful convictions in the United States, …

Deconstructing Carmona: The U.S. War On Drugs And Black Men As Non-Citizens , Brian G. Gilmore, Reginald Dwayne Betts

Valparaiso University Law Review

No abstract provided.

Amoral Numbers And Narcotics Sentencing, Mark Osler

Valparaiso University Law Review

No abstract provided.

The Adverse Impact Of Truth-In-Sentencing On Wisconsin's Efforts To Deal With Low-Level Drug Offenders, Lynn Adelman

Valparaiso University Law Review

No abstract provided.

Mass Incarceration In Three Midwestern States: Originas And Trends, Michael M. O'Hear

Valparaiso University Law Review

No abstract provided.

Where The Rubber Meets The Road: Injecting Mercy Into A System Of Justice, Jeanne Bishop

Valparaiso University Law Review

No abstract provided.

Neorehabilitation And Indiana's Sentencing Reform Dilemma, Jessica M. Eaglin

Valparaiso University Law Review

No abstract provided.

Putting Two Drug Courts To The Top Ten Test: Comparing Essex And Denver Drug Court With "The Carey Team's" Best Practice, Donna K. Axel, David M. Rosen

Valparaiso University Law Review

No abstract provided.

Utpa Undergraduate Catalog 2013-2015, University Of Texas Pan American

UTPA Archives - Course Catalogs

No abstract provided.

Utb/Tsc Legacy Degree Programs And Courses 2013 – 2014, University Of Texas At Brownsville, Texas Southmost College

UTB/TSC Archives - Course Catalogs

No abstract provided.

Utb/Tsc Undergraduate Catalog 2013-2014, University Of Texas At Brownsville, Texas Southmost College

UTB/TSC Archives - Course Catalogs

No abstract provided.