Digital Commons Network^™

Antipodean Identities: Violent Behaviors, Pugilism And Irish Immigrant Culture In New South Wales, 1830-1861, Matthew Aaron Schownir

Open Access Theses

This essay examines the spaces in which Irish immigrants renegotiated negative stereotypes of wanton violence that accompanied them to New South Wales in the Early Victorian period. This process occurred by way of legitimizing violence through an Anglicized cultural filter or by curbing violence in instances where it was expected and publicly denounced. As these immigrants adapted to normative notions surrounding "proper" forms of violence and masculinity, they contributed to an overall shift in Australian cultural identities that recognized the significant Irish minority as a viable and valuable component of colonial society.

Socioeconomic Bias In The Judiciary , Michele Benedetto Neitz

Cleveland State Law Review

Judges hold a prestigious place in our judicial system, and they earn double the income of the average American household. How does the privileged socioeconomic status of judges affect their decisions on the bench? This Article examines the ethical implications of what Ninth Circuit Chief Judge Alex Kozinski recently called the “unselfconscious cultural elitism” of judges.** This elitism can manifest as implicit socioeconomic bias. Despite the attention paid to income inequality, implicit bias research and judicial bias, no other scholar to date has fully examined the ramifications of implicit socioeconomic bias on the bench. The Article explains that socioeconomic bias …

Complete Issue, Gla Glq

Georgia Library Quarterly

No abstract provided.

About The Contributors, Dan Paracka

Journal of Global Initiatives: Policy, Pedagogy, Perspective

No abstract provided.

"What Else Could I Do?": Single Mothers And Infanticide, 1900-1950 [Book Review], Michelle Oberman

Faculty Publications

In her book ‘What Else Could I Do?’: Single Mothers and Infanticide, 1900–1950, Cliona Rattigan excavates a narrow, yet deep cache of cases about one of the world’s oldest and saddest phenomena: mothers who kill their children. Rattigan’s painstaking investigation of 300 such cases from Ireland, drawn from a half century during which the country knew great political turmoil, casts light on a more intimate, yet equally profound turmoil that took place among unmarried pregnant women during that same period in time. As the title suggests, in this history Rattigan dispels the notion that infanticide is a random crime committed …

Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan

University of Arkansas at Little Rock Law Review

The United States Constitution as well as state procedural rules require prosecutorial authorities to disclose evidence to the defense as a means for ensuring fairness in the prosecution of individuals charged with criminal offenses. When prosecutorial authorities fail to disclose evidence as required, the integrity of the criminal justice system is threatened and the defense is unable to adequately prepare for trial. This threat is illustrated and magnified by the substantiation of prosecutorial misconduct claims in high profile trials where prosecutors have been unable to resist the temptation not to disclose evidence that could damage the prosecution's case, or, where …

The Hands Of The State: The Failure To Vacate Statute And Residential Tenants’ Rights In Arkansas, Lynn Foster

Law Faculty Scholarship

Two recent independent reports have revealed that Arkansas's residential landlord-tenant law is significantly out of balance with that of other states and, moreover, is arguably unconstitutional in part. How did this come about, and why is Arkansas so different?

Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Furman, After Four Decades, J. Thomas Sullivan

Law Faculty Scholarship

Problems of racial discrimination in the imposition of capital sentences, disclosure of misconduct by prosecutors and police, inconsistency in the quality of defense afforded capital defendants, exoneration of death row inmates due to newly available DNA testing, and, most recently, controversies surrounding the potential for cruelty in the execution process itself continue to complicate views about the morality, legality, and practicality of reliance on capital punishment to address even the most heinous of homicide offenses. Despite repeated efforts by the Supreme Court to craft a capital sentencing framework that ensures that death sentences be imposed fairly in light of the …

Powerless Against Police Brutality: A Felon's Story, Tamara F. Lawson

St. Thomas Law Review

Imagine driving to the store with friends, but while en route, you are shot and beaten by the police so severely that random citizen witnesses intervene to stop the police brutality. Next, envision recovering from those injuries and awakening from a coma chained to your hospital bed informed that you are under arrest for attempted murder of a police officer. Then, consider waiting over five years for the opportunity to tell your story to the court, believing justice will be served, but instead you discover that the trial is more influenced by the revelation of your prior criminal record than …

Pre-Apprendi Sentencing: Issues Surrounding The Retroactivity Of An Unconstitutional Sentence, Priscilla S. Zaldivar

St. Thomas Law Review

This comment ventures to provide a manageable resolution to the issues that have arisen from the implementation and subsequent limitations of the federal sentencing guidelines. Part II discusses the sentencing guidelines' history, creation, and evolution. This part also reviews the pertinent cases that have shaped the relevance and application of the sentencing guidelines by the U.S. Supreme Court. Part III details the successful retroactivity of the Boggs Act as a real-world example of the feasibility of retroactivity. Finally, Part IV provides an administrative solution to the problems with retroactive application of the Booker/Fanfan decision in order to remedy the unconstitutional …

Social Media In The Sunshine: Discovery And Ethics Of Social Media - Florida's Right To Privacy Should Change The Analysis, Spencer Kuvin, Chelsea Silvia

St. Thomas Law Review

The question is whether the liberal discovery rules have gone too far and where the line should be drawn in Florida to protect the privacy interests of individuals from being implicated by overly permissive rules of discovery. Current case law on this issue is informative, but demonstrates that courts need direction on how to decide these complex issues in a uniform manner. The courts that have rendered decisions regarding discovery of social networking sites ("SNS") have made attempts to balance individual privacy interests in the information contained on the SNS with the broad rules of discovery. Focusing on Florida law, …

Sixth Amendment Right To Counsel: Broaden The Scope, Decriminalize, And Ensure Indigents A Fair Chance In Court And In Life, Maria C. Pena

St. Thomas Law Review

Part I of this comment explains the history of the Sixth Amendment and the right to counsel, beginning at English common law through the current status of the right. Part II discusses the collateral consequences and social stigma an individual is faced with after conviction of a crime, despite the fact that the accused was not sentenced to jail. Part III summarizes the current problem an ex-convict faces based on the initial denial of assistance of counsel and offers a solution to this problem by explaining that the right to counsel should be extended to all criminal prosecutions. In addition, …

Workplace Homicide: The Threat Of Stranger Violence And Intimate Parter Violence In The Workplace, Dennis M. Savard

Wayne State University Theses

Violence in the workplace has become an important issue for the modern-day security manager. The modern-day employer continually faces a variety of threats that originate from within and beyond the confines of the workplace. As the workforce becomes more diverse, the modern-day employer will face new issues. Increasingly, employers are confronted with instances of intimate partner violence (IPV) at the workplace. The context of such threats creates unique circumstances in terms of how employers should respond. The modern-day employers' responsibility is evolving into areas that were once thought to be beyond the purview of their duties. Having knowledge of the …

Trusting An Abusive System: Systemic Racism And Black Political Engagement, Matthew Simmons

Ethnic Studies Review

Africana people in America have relied upon the utilization of political participation in order to address the economic and societal ills that plague its community. Africana people have made strides at all levels of the American government. Africana people were a vital voting block that helped to elect the first American President of African descent. However, studies have shown that the conditions of Africana people in America have not substantially changed since the Voting Rights Act of 1 965 was enacted. Africana political participation has not equated to socioeconomic equality on a large scale for the Africana community. Utilizing Feagin's …

Abstracts

Ethnic Studies Review

Abstracts for Ethnic Studies Review, Vol. 36, No. 1&2, 2013.

Understanding The Nature And Effects Of Police-Citizen Encounters In Social Context: The Road Less Traveled, Anca Alfred D' R.

Ethnic Studies Review

Aggressive policing tactics have been identified as contributors to declining crime rate trends in urban, culturally diverse neighborhoods. They encompass stop and frisk practices which have spawned negative public opinion that contrasts with its justification by criminal justice officials as an effective means for the control and prevention of crime. The issue, however, begs deeper questions not readily addressed: how does the nature of police-citizen suspicion-based encounters influence the attitudes and behavior of both stakeholders; and does it contribute to effective crime control and prevention? Based on an analysis of theoretical and empirical research in the field, this article argues …

Ethnic Studies Review

Ethnic Studies Review

No abstract provided.

The State Of Lawyer Knowledge Under The Model Rules Of Professional Conduct, George M. Cohen

American University Business Law Review

No abstract provided.

The Movement Of U.S. Criminal And Administrative Law: Processes Of Transplanting And Translating, Toby S. Goldbach, Benjamin Brake, Peter Katzenstein

Indiana Journal of Global Legal Studies

This article examines the transplanting and translating of law in the domains of criminal procedure and administrative law. The transnational movement of law is full of unexpected twists and turns that belie the notion of the United States as a legal behemoth. Furthermore, the movement of legal procedures which occurs both within and across countries with common and civil law legal traditions challenges preconceived notions of an orderly divide between legal families. While the spread of elements of the U.S. jury system and methods of plea bargaining reveals the powerful influence of U.S. legal ideas, the ways that these procedures …

Legal Education: Globalization, And Institutional Excellence: Challenges For The Rule Of Law And Access To Justice In India, C. Raj Kumar

Indiana Journal of Global Legal Studies

Legal education plays an important role in developing lawyers who act as social engineers and work towards the cause of nation building. In a globalized world, law schools face the challenges of increased foreign competition and reduction of the role of the state. At the same time, globalization affords space for re-examining higher education systems by affording opportunity for establishing global universities with international collaborations and programs. This article examines the role of law schools in India and proposes reforms in Indian legal education system in the light of globalization. It examines how the private sector in India can contribute …

Florida Institute Of Technology Catalog 2014-2015, Florida Institute Of Technology

Florida Institute of Technology Melbourne and Jensen Beach Catalogs, 1967-2015

Academic catalog by Florida Institute of Technology for the 2014-2015 academic year.

Cleaning Up The Financial Crisis Of 2008: Prosecutorial Discretion Or Prosecutorial Abdication?, Bradley T. Borden, David J. Reiss

Cornell Law Faculty Working Papers

When finance professionals play fast and loose, big problems result. Indeed, the 2008 Financial Crisis resulted from people in the real estate finance industry ignoring underwriting criteria for mortgages and structural finance products. That malfeasance filled the financial markets with mortgage-backed securities (MBS) that were worth a small fraction of the amount issuers represented to investors. It also loaded borrowers with liabilities that they never had a chance to satisfy.

Despite all the wrongdoing that caused the financial crisis, prosecutors have been slow to bring charges against individuals who originated bad loans, pooled bad mortgages, and sold bad MBS. Unfortunately, …

Libqual+ 2013 Survey Notebook, Association Of Research Libraries

Other

No abstract provided.

Why Do Europeans Ban Hate Speech? A Debate Between Karl Loewenstein And Robert Post, Robert A. Khan

Hofstra Law Review

No abstract provided.

Professional Discipline Of Death Penalty Lawyers And Judges, Monroe H. Freedman

Hofstra Law Review

No abstract provided.

Overlooked Guidelines: Using The Guidelines To Address The Defense Need For Time And Money, Meredith Martin Rountree, Robert C. Owen

Hofstra Law Review

In 2003, Professor Eric M. Freedman, Reporter for the revised ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, observed that one of the ABA Guidelines’ central virtues was to recognize that the death penalty is expensive. Fairness in the application of the ultimate punishment requires governments to develop systems to allocate essential resources, like compensation for counsel and funds for experts and investigators. Ten years later, this Article revisits Professor Freedman’s observation by exploring the question of resources and urging counsel to increase their use of the ABA Guidelines in fighting for the irreducible …

The Aba Guidelines And The Norms Of Capital Defense Representation, Russell Stetler, W. Bradley Wendel

Hofstra Law Review

Courts interpreting effective representation should look at authoritative statements of what counsel ought to do (such as the ABA Guidelines), rather than what may be customary among practitioners whose clients frequently end up on death row. Most cases avoid death sentences, and the standards are established by practitioners who represent capital clients successfully.

Sudden Death: A Federal Trial Judge's Reflections On The Aba Guidelines For The Appointment And Performance Of Defense Counsel In Death Penalty Cases, Mark W. Bennett

Hofstra Law Review

An experienced federal district judged discuss the role of the ABA Guidelines for the Appointment Performance of Defense Counsel in Death Penalty Cases. This includes his personal experiences from two lengthy federal death penalty trials where both defendants received the death penalty. The Guidelines were even more crucial in a 18 trial day, 28 U.S.C. 2255 proceeding, where the judge granted an new penalty phase re-trial based, in part, on significant ineffective assistance of counsel for many violations of the Guidelines and the 6th Amendment. It is a sad narrative of what can go wrong when the Guidelines are not …

Best Practices For Implementing Trauma-Informed Care With Youth Who Are Homeless Or At- Risk Of Being Homeless, Ellen Morrow

All Graduate Theses, Dissertations, and Other Capstone Projects

Exposure to traumatic events during childhood can affect brain development, how someone reacts to stress, and what they may find threatening or unsafe. Trauma can be a precursor to the development of a range of psychopathology including post-traumatic stress disorder, depression, anxiety, substance abuse, personality distortions and psychosis (APA, 2000, Rose, Freeman & Proudlock, 2012). Left untreated trauma can also result in medical conditions later in life including heart disease, cancer, respiratory problems and social conditions such as homelessness, prostitution or delinquency (Steele & Malchiodi, 2012; WISQARS, 2010). Maschi and Schwalbe (2012) cite studies which estimate up to 93% of …