Digital Commons Network^™

Stand Up And Tell Them You're From Detroit:Belonging, Attachment, And Regional Identity Among Suburban Detroiters, Paul Curran

Wayne State University Theses

Research shows that communities with a broadly embraced regional identity provide residents with a more gratifying social experience. A regional identity often emerges when residents exhibit a sense of belonging and attachment to their community. Detroit provides an interesting canvas to explore these concepts given a long history of tension between the city of Detroit and its suburbs. Despite these challenges, anecdotal evidence of suburban solidarity with the city exists. Using in-depth interviews with long-time residents of suburban Detroit, I explore the meaning of being a "Detroiter." Why are some suburbanites eager - and others reluctant - to embrace a …

Shame: A Different Criminal Law Proposal For Bullies, Xiyin Tang

Cleveland State Law Review

Public concern over bullying has reached an all-time high. The absence of a sensible criminal charging and sentencing regime for the problem recently reared its head in the highly publicized prosecution of Dharun Ravi, who was convicted of fifteen counts and faced the possibility of ten years in prison. This Essay argues that existing criminal statutes used to address the problem, like bias intimidation and invasion of privacy, do not fit neatly with the specific wrongs of bullying. However, recently-enacted “cyber bullying” laws, which give complete discretion to school administrators, are weak and ineffective. I propose another solution: first, to …

The Loeb And Leopold Trial, Daniel Hanson

A with Honors Projects

In 1924, Nathan Leopold, Jr., and Richard Loeb, two privileged and intelligent students from the University of Chicago, initiated a plan to kidnap and hold for ransom a boy from a wealthy neighboring family, all the while intending to kill him. The sensational trial that followed, in which Clarence Darrow delivered a 12-hour closing argument for life imprisonment rather than the death penalty, would have implications far broader than the crime itself. This trial became the focus of the nascent culture war brewing in the 1920’s, a culture war that pitted radically different philosophies against each other in a battle …

Waiving Due Process (Goodbye): Stipulated Orders Of Removal And The Crisis In Immigration Adjudication, Jennifer Lee Koh

North Carolina Law Review

No abstract provided.

Power Down: Tasers, The Fourth Amendment, And Police Accountability In The Fourth Circuit, Ian A. Mance

North Carolina Law Review

No abstract provided.

Imagining Success For A Restorative Approach To Justice: Implications For Measurement And Evaluation, Jennifer Llewellyn, Bruce Archibald, Donald Clairmont, Diane Crocker

Articles, Book Chapters, & Popular Press

Whether restorative justice is “successful,” or not, is a complex question. Attempts to answer this question by practitioners, professionals, and scholars have often been bounded by common notions of success in standard criminal justice terms. The authors of this paper suggest that if restorative justice is properly understood in terms of its focus on relationship, success should be measured on new and different dimensions. This paper seeks to bring a relational imagination to the scholarly effort of capturing the essence of restorative justice and figuring out how to assess its successes and failures. The authors offer a foundation and agenda …

The Role Of Foreign Authorities In U.S. Asylum Adjudication, Fatma E. Marouf

Faculty Scholarship

U.S. asylum law is based on a domestic statute that incorporates an international treaty, the U.N. Protocol Relating to the Status of Refugees. While Supreme Court cases indicate that the rules of treaty interpretation apply to an incorporative statute, courts analyzing the statutory asylum pro- visions fail to give weight to the interpretations of our sister signatories, which is one of the distinctive and uncontroversial principles of treaty interpretation. This Article highlights this significant omission and urges courts to examine the interpretations of other States Parties to the Protocol in asylum cases. Using as an example the current debate over …

The Flawed U.S. Approach To Rule Of Law Development, Cynthia Alkon

Faculty Scholarship

The key flaw to the United States' approach to rule of law development is routinely including the "standard menu" of rule of law development assistance as a part of the overall development effort without regard to whether the recipient country is at a developmental stage where it is able to absorb some or all of this type of aid. This article uses Afghanistan as a case study. Despite a decade of assistance, Afghanistan remains a fragile and conflict-affected country, thus raising concerns about the value of the aid given and whether rule of law development aid should continue to be …

The Global Slavery Index, Monti Narayan Datta, Fiona David, Kevin Bales, Nick Grono

Political Science Faculty Publications

The Global Slavery Index report is published by the Walk Free Foundation (“Walk Free”). Walk Free is committed to ending all forms of modern slavery in this generation. Modern slavery includes slavery, slavery-like practices (such as debt bondage, forced marriage and sale or exploitation of children), human trafficking and forced labour, and other practices described in key international treaties, voluntarily ratified by nearly every country in the world.

Walk Free’s strategy includes mobilising a global activist movement, generating the highest quality research, enlisting business, and raising unprecedented levels of capital to drive change in those countries and industries bearing the …

Restorative Justice And The Rule Of Law: Rethinking Due Process Through A Relational Theory Of Rights, Bruce P. Archibald

Articles, Book Chapters, & Popular Press

Restorative approaches to criminal justice can be reconciled with fundamental notions of the rule of law through a relational understanding of rights. Firstly, the paper demonstrates how theories of rights have evolved from a liberal understanding in representative democracies, where individual rights holders can trump the interests of others, to a relational theory where rights embody values which structure appropriate relationships among citizens. Second, the paper shows that relational theory can explain how formal criminal justice and restorative justice in a deliberate democracy interrelate, while embodying different, though compatible, rights, duties and remedies among wrongdoers, victims, communities and justice system …

The Immigration Prosecutor And The Judge: Examining The Role Of The Judiciary In Prosecutorial Discretion Decisions, Shoba S. Wadhia

Faculty Scholarship

Legal scholars and judges have long examined the role of judicial review in immigration matters, and also criticized the impacts of the “plenary power” doctrine and statutory deletions of judicial review for certain immigration cases. Absent from this scholarship is a serious examination of the judiciary’s role in immigration decisions involving prosecutorial discretion. I attribute this absence to both a silent concession that prosecutorial discretion decisions are automatically barred from judicial review because of the plain language of the Immigration and Nationality Act (INA); the judicial review “exceptions” in the Administrative Procedures Act (APA), and the cases that analyze these …

Pass Parallel Privacy Standards Or Privacy Perishes, Anne T. Mckenna

Faculty Scholarship

No abstract provided.

A Fourth Amendment Theory For Arrestee Dna And Other Biometric Databases, David H. Kaye

Faculty Scholarship

Routine DNA sampling following a custodial arrest process is now the norm in many jurisdictions, but is it consistent with the Fourth Amendment? The few courts that have addressed the question have disagreed on the answer, but all of them seem to agree on two points: (1) the reasonableness of the practice turns on a direct form of balancing of individual and governmental interests; and (2) individuals who are convicted — and even those who are merely arrested — have a greatly diminished expectation of privacy in their identities. This Article disputes these propositions and offers an improved framework for …

Racial Justice, Hegemony, And Bias Incidents In U.S. Higher Education, Glyn Hughes

Sociology and Anthropology Faculty Publications

Formal administrative protocols for responding to bias incidents are now the norm in higher education. This article considers these developments by posing critical questions about racial justice work on campus, identifying key features of an under-acknowledged institutional racism, and contributing to discussions about ways that diversity and social justice efforts often reproduce rather than challenge systemic inequities.

On The Role Of Cost-Benefit Analysis In Criminal Justice Policy: A Response To The Imprisoner's Dilemma, Sonja B. Starr

Articles

With one in 100 adult Americans behind bars, and prison budgets consuming an increasing share of state budgets, few social policy issues compare in significance to the debate over which criminal offenders should be incarcerated and for how long. David Abrams' article, The Impriasoner's Dilemma: A Cost-Benefit Approach to Incarceration,' makes an important contribution to that debate, offering an economic approach to assessing the net benefits of holding or freeing prisoners on the incarceration margin. In this short Response, I first highlight several strengths of Abrams' piece and discuss the possible case that could be made for incorporating formal cost-benefit …

Prison Segregation: Symposium Introduction And Preliminary Data On Racial Disparities, Margo Schlanger

Articles

For this Introduction, I undertake to look a bit more broadly at recent data. The best sources of demographic information about prisoners are the various surveys and censuses conducted by the U.S. Department of Justice Bureau of Justice Statistics (BJS). While no BJS publication directly addresses the issue, and no BJS dataset allows its full analysis, it is possible to glean something from the most recent BJS prison census, the 2005 Census of State and Federal Adult Correctional Facilities.

Plata V. Brown And Realignment: Jails, Prisons, Courts, And Politics, Margo Schlanger

Articles

The year 2011 marked an important milestone in American institutional reform litigation. That year, a bare majority of the U.S. Supreme Court, in an opinion in Brown v. Plata by Justice Anthony Kennedy, affirmed a district court order requiring California to remedy its longstanding constitutional deficits in prison medical and mental health care by reducing prison crowding. Not since 1978 had the Court ratified a lower court's crowding-related order in a jail or prison case, and the order before the Court in 2011 was fairly aggressive; theoretically, it could have (although this was never a real prospect) induced the release …

Sex Trafficking In Michigan, Julie Trimbach

Honors Projects

No abstract provided.

Puzzling About State Excuses As An Instance Of Group Excuses, François Tanguay-Renaud

Articles & Book Chapters

Can the state, as opposed co its individual human members in their personal capacity, intelligibly seek to avoid blame for unjustified wrongdoing by invoking duress, provocation, a reasonable mistake in justification, or other types of excuses? Insofar as it can, should such claims ever be given moral and legal recognition? It is certainly not uncommon to encounter offhand statements to the effect that at least some state excuses are both conceivable and legitimate.1 However, the issue has yet to receive the sustained philosophical attention it deserves. Few theorists speak to it specifically, and those who do typically discard rather rashly …

International Human Rights In Canada: At The Juncture Of Law And Politics, Faisal Bhabha

Articles & Book Chapters

No abstract provided.

Reducing Courts’ Failure-To-Appear Rate By Written Reminders, Brian H. Bornstein, Alan Tomkins, Elizabeth Neeley, Mitchel Herian, Joseph A. Hamm

Department of Psychology: Faculty Publications

This article examines the effectiveness of using different kinds of written reminders to reduce misdemeanor defendants’ failure- to-appear (FTA) rates. A subset of defendants was surveyed after their scheduled court date to assess their perceptions of procedural justice and trust and confidence in the courts. Reminders reduced FTA overall, and more substantive reminders (e.g., with information on the negative consequences of FTA) were more effective than a simple reminder. FTA varied depending on several offense and offender characteristics, such as geographic location (urban vs. rural), type of offense, and number of offenses. The reminders were somewhat more effective for Whites …

“Willing Victims” And “Innocence Unguarded”?: Ambiguous Volition, Perishable Promises, And Disavowed Consent In Fielding’S Amelia, Nicole M. Wright

Studio for Law and Culture

This paper examines Henry Fielding’s novel Amelia (1751) as a prescient literary contemplation of the temporality of consent. The novel’s preoccupation with impulsive consent and fluctuations of intention is set against a background of shifting legal standards concerning the imperishability of consent. Characters feel bound by norms discouraging the retraction of consent. Amelia’s private sexual episodes prepare the reader to deliberate over crises of accountability in non-sexual public settings (the criminal justice system, the gambling den, Vauxhall, and elsewhere). Modern-day legislation and university sexual codes enshrining the stepwise gauging of consent derive from such early reappraisals of the duration of …

Responsible Shares And Shared Responsibility: In Defense Of Responsible Corporate Officer Liability, Amy J. Sepinwall

Studio for Law and Culture

When a corporation commits a crime, whom may we hold criminally liable? One obvious set of defendants consists of the individuals who perpetrated the crime on the corporation’s behalf. But according to the responsible corporate officer (RCO) doctrine – a doctrine that is growing more widespread – the state may also prosecute and punish those corporate executives who, although perhaps lacking “consciousness of wrongdoing,” nonetheless have “a responsible share in the furtherance of the transaction which the statute outlaws.” In other words, the RCO doctrine imposes criminal liability on the executive who need not have participated in her corporation’s crime; …

Description And Service Innovation In Adolescent Transition Within Kentucky State Agency Education Programs, Amy C. Marshall

Theses and Dissertations--Rehabilitation Sciences

Of all Kentucky youth, state agency children are at the highest risk of making unsuccessful post-secondary transitions to adulthood. The intent of both studies comprising this dissertation was to understand and guide transition planning to make future improvements to transitions of adolescents in state agency programs.

The Kentucky Youth at Risk in Transition Study was a mixed methods study that identified and described the understandings of student transitions in state agency education programs from the perspectives of youth and administrators. The study included 105 nontraditional education programs funded and supervised by the Kentucky Educational Collaborative for State Agency Children (KECSAC). …

Senate Gridlock And Federal Judicial Selection, Carl W. Tobias

Law Faculty Publications

One crucial locus of gridlock is appointments to the United States Courts of Appeals, which have grown extremely contentious, as the circuits resolve disputes about controversial issues and can effectively be tribunals of last resort for designated areas. Continuous Republican and Democratic charges, recriminations, and divisiveness have roiled the process for decades. The bench constitutes 179 judgeships; however, seventeen remained vacant at President Barack Obama's second inauguration notwithstanding his pledge to end the "confirmation wars" by assiduously consulting senators. Laboring without ten percent of the appellate court members subverts prompt, inexpensive and fair case disposition and undermines citizen respect for …

The Marshall-Brennan Constitutional Literacy Project: American Legal Education's Ambitious Experiment In Democratic Constitutionalism, Jamin B. Raskin

Scholarly Articles in Law Reviews & Journals

The Marshall-Brennan Constitutional Literacy Project is the leading effort in American legal education to mobilize law students to teach high school students about the Constitution and Bill of Rights. This Article traces the development of the project from its beginnings in the 1990s at American University Washington College of Law to its unexpected but dramatic expansion across the country to eighteen law schools today. The Article explains the Marshall-Brennan curriculum, which focuses on Supreme Court decisions addressing the rights of America's student population in school and in the criminal justice process, and canvasses the essential operational ingredients of Marshall-Brennan chapters …

Crashing The Misdemeanor System, Jenny M. Roberts

Scholarly Articles in Law Reviews & Journals

With “minor crimes” making up more than 75% of state criminal caseloads, the United States faces a misdemeanor crisis. Although mass incarceration continues to plague the nation, the current criminal justice system is faltering under the weight of misdemeanor processing.

Operating under the “broken windows theory,” which claims that public order law enforcement prevents more serious crime, the police send many petty offenses to criminal court. This is so even though the original authors of the theory noted that “[o]rdinarily, no judge or jury ever sees the persons caught up in a dispute over the appropriate level of neighborhood order” …

The Mediating Effect Of Hostility Toward Women On The Relationship Between Childhood Emotional Abuse And Sexual Violence Perpetration, Alania M. Vivolo-Kantor, Sarah Degue, David Dilillo, Lorraine E. Cuadra

Department of Psychology: Faculty Publications

Some evidence suggests that childhood emotional abuse (CEA) may serve as a risk factor for sexual violence (SV) perpetration; however, little is known about the mechanisms by which CEA may influence SV. This study examined the relationship between CEA and SV by assessing the mediating role of hostility toward women (HTW) in a sample of adjudicated adult males (N = 360). Approximately 1 in 5 participants was classified as sexually violent based on self-reported behavior and/or criminal records. Results indicated that CEA significantly predicted HTW and SV, and HTW significantly predicted SV. As hypothesized, the relationship between CEA and SV …

R. V. N.S.: What Is Fair In A Trial? The Supreme Court Of Canada's Divided Opinion On The Niqab In The Courtroom, Faisal Bhabha

Articles & Book Chapters

No abstract provided.

Current Constitutional Issues In Canada, John M. Evans

Articles & Book Chapters

No abstract provided.