Digital Commons Network^™

Risk Perception In Cardiovascular Disease, Michelle Ellen Block

Dissertations

Cardiovascular disease (CVD) remains among the leading causes of death in the United States despite widespread knowledge about risk factors as well as effective primary prevention strategies. Risk perception is a complex phenomenon that plays an important role in how persons view disease and ultimately how they make health behavior choices. This study is supported by the knowledge that few studies have examined how persons perceive cardiovascular risk or the variables thought to contribute to the formation of risk perception.

Purpose: The purpose of this study was to examine how accurately persons perceive personal risk for cardiovascular disease and identify …

Humanity Bounded And Unbounded: The Regulation Of External Self-Determination Under International Law, Robert Howse, Ruti G. Teitel

Articles & Chapters

One of the most complex and uncertain areas of international legal doctrine is how should international law deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of independence by Kosovar Albanians, the Court was given an opportunity to clarify and develop the law on external self-determination. Instead, the Court answered extremely narrowly, confining …

Due Process In Islamic Criminal Law, Sadiq Reza

Articles & Chapters

Rules and principles of due process in criminal law—how to, and how not to, investigate crime and criminal suspects, prosecute the accused, adjudicate criminal cases, and punish the convicted—appear in the traditional sources of Islamic law: the Quran, the Sunna, and classical jurisprudence. But few of these rules and principles are followed in the modern-day practice of Islamic criminal law. Rather, states that claim to practice Islamic criminal law today mostly follow laws and practices of criminal procedure that were adopted from European nations in the twentieth century, without reference to the constraints and protections of Islamic law itself. To …

There Is No Santa Claus: The Challenge Of Teaching The Next Generation Of Civil Rights Lawyers In A ‘Post-Racial’ Society, Deborah N. Archer

Articles & Chapters

This essay takes a fresh look at the scholarship on the practice of cross-cultural and client-centered lawyering. The current scholarship explores methods of training law students to be mindful of the ways that cultural differences can impact legal representation. However, this scholarship has not addressed how to equip students to address issues of racial discrimination in light of the post-racial lens through which many view these problems. Legal educators must examine how law students’ beliefs regarding the current relevance of race in America affects their ability to represent clients who believe they are victims of racial discrimination.

The essay charts …

The Promise And Peril Of Cities And Immigration Policy, Rick Su

Journal Articles

No abstract provided.

Authority To Proscribe And Punish International Crimes, Guyora Binder

Journal Articles

Although criminal jurisdiction is usually exercised by governments, offenses can also be proscribed by international law, and punishment can be imposed by international tribunals. This article critically examines the legitimacy of such exercises of international criminal jurisdiction. It reasons that criminal law can plausibly be justified as a cooperative institution that achieves the public good of a rule of law, with its attendant benefits of social peace and equal dignity of persons. It then argues that such a beneficial rule of law requires a punishing authority with the executive capacity to protect those it claims to regulate. It would follow …

Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller

Journal Articles

Part I is a brief history of Search and Seizure law, focusing on seismic doctrinal shifts that occurred from the 1950s to the present. As a framework for the important cases, the Founders’ concerns about abuse of governmental authority are discussed, as well as the rights protected by the Fourth Amendment. Various governmental programs will also be presented, such as the War on Drugs and its call for a large-scale federal anti-drug policy, first initiated by President Richard Nixon in 1969. Part II is a description of the central reasoning presented in Florence v. Board of Chosen Freeholders, including the …

Structural Overdelegation In Criminal Procedure, Anthony O'Rourke

Journal Articles

In function, if not in form, criminal procedure is a type of delegation. It requires courts to select constitutional objectives, and to decide how much discretionary authority to allocate to law enforcement officials in order to implement those objectives. By recognizing this process for what it is, this Article identifies a previously unseen phenomenon that inheres in the structure of criminal procedure decision-making.

Criminal procedure’s decision-making structure, this Article argues, pressures the Supreme Court to delegate more discretionary authority to law enforcement officials than the Court’s constitutional objectives can justify. By definition, this systematic “overdelegation” does not result from the …

Talking Black And Sleeping White... Talking White And Sleeping Black: A Socio-Legal Examination Of Interracial Marriage In America, Kailey J. Schwallie

Senior Independent Study Theses

A historical socio-legal examination of interracial marriage and the transformation of the institution of marriage in the United States from 1883 to 1967. Focuses on miscegenation legislation, the social and legal reasons behind bans on interracial marriage, and the progressive liberalization of society and concurrent legal changes, which resulted in an overturning of the legal prohibitions on interracial marriage. This thesis presents a close examination of three critical Supreme Court cases in regard to interracial marriage, and the social climate of American race relations at the time of each case. There is also a comparison drawn between the historical debate …

The Poverty Defense, Michele Estrin Gilman

University of Richmond Law Review

No abstract provided.

No.26 An Order Regarding The Tennessee Council For Interstate Adult Offender Supervision, Bill Haslam

Executive Orders

No abstract provided.

Office Of Criminal Justice Programs Annual Report 2011-2012, Tennessee. Department Finance & Administration.

Office of Criminal Justice Programs

No abstract provided.

Factors That Are Associated With Workkeys® Assessment Scores Of Inmates In Michigan Department Of Correction's Community And Employment Readiness Training Program And Michigan State Industries Program, Pamela S. Jackson

Wayne State University Dissertations

Inmates face challenges in obtaining employment once they leave prison because many are undereducated and lack work skills. This study examined demographic and criminogenic variables of inmates in Michigan Department of Correction's (MDOC) Community and Employment Readiness Training (CERT) and Michigan State Industries (MSI) programs that were associated with their scores obtained on the WorkKeys® assessment test. MDOC uses the WorkKeys® to assess the gaps between inmates' current job readiness skill level and skills needed for various types of jobs upon release. There is no published literature comparing MDOC's Community and Employment Readiness Training (CERT) and Michigan State Industries (MSI) …

The Age Of (Guilt Or) Innocence: Using Adr To Reform New York's Juvenile Justice System In The Wake Of Miller V. Alabama, Morgan Molinoff

Cardozo Journal of Conflict Resolution

"Youth matters." The concept is deceptively simple. Of course youth matters. One must be a certain age to drive, to vote, to drink, to be elected president. However, the issue becomes much more complex in the context of criminal responsibility and punishment. Should children be held less accountable for their crimes because of their age? Do juveniles have a greater capacity for rehabilitation than adults? By explaining that youth matters in Graham v. Florida and holding that juveniles cannot be sentenced to life in prison without parole for non-homicide crimes, Justice Kennedy of the United States Supreme Court answered these …

Broadening The Learning Community Experience: An Outdoor Orientation Program's Impact On Engagement, Persistence, And Retention, Christy David Nolan

Wayne State University Dissertations

The Keystone Learning Community was implemented by the Department of Campus Recreation to address retention at the institution. This learning community for incoming freshmen consists of two phases. Phase I is as an outdoor orientation program that includes a three day, two night canoeing and camping experiencer lead by upperclassmen leaders. Faculty and staff from the institution complete every aspect of Phase I with the freshmen. Phase II is class time that concentrates on development of critical thinking and writing skills.

Through surveys and interviews, participants in the Keystone Learning Community reported strong peer, faculty, and upperclassmen engagement initiated by …

Qualitative Reports Of Michigan Medical Marijuana, David Charles Peters

Wayne State University Dissertations

After hundreds of years of use the medical properties of Marijuana have been marginalized in our society. Qualitative interview data was collected from medical marijuana patients and knowledgeable producers and activists in Michigan about their perceptions and observations on the medical use of marijuana. Patients consistently reported using marijuana to substitute or wean off prescription drugs. All patients and producers who were taking opiate narcotics claimed they reduced overall drug use, especially opiates, by using medical marijuana. Patients and caregivers also claimed medical marijuana was preferred over opiates, eased withdrawal from opiates, and in some cases was perceived as more …

Components Of The Dickinson County Treatment Court: Which Are The Most Effective?, Amber R. Miller

All NMU Master's Theses

No abstract provided.

Gideon’S Amici, Why Do Prosecutors So Rarely Defend The Rights Of The Accused?, Bruce A. Green

Faculty Scholarship

In Gideon v. Wainwright, twenty-three state attorneys general, led by Walter F. Mondale and Edward McCormack, joined an amicus brief on the side of the criminal accused, urging the Supreme Court to recognize indigent defendants’ Sixth Amendment right to appointed counsel in felony cases. This was a unique occurrence. Although amicus filings by public entities have increased significantly since then, including in criminal cases, government lawyers rarely submit amicus briefs in the Supreme Court supporting criminal defendants’ procedural rights, and never en masse as in Gideon. The states’ public support for Gideon’s position points up the special nature of the …

Waylaid By A Metaphor: A Deeply Problematic Account Of Prison Growth. Review Of Plague Of Prisons: The Epidemiology Of Mass Incarceration In America By Ernest Drucker, John F. Pfaff

Faculty Scholarship

This article reviews Ernest Drucker's recent book, "A Plague of Prisons: The Epidemiology of Mass Incarceration in America," which attempts to explain the causes behind the explosion in prison growth over the past several decades. The account proves to be unsatisfying, and this review highlights four major flaws with Drucker's work. First, Drucker places too much weight on the war on drugs. While he argues it is the primary engine of prison growth, the increase in drug incarcerations explains only about 25% of the total growth since the 1970s. Second, he significantly underplays the importance of soaring crime rates between …

China At The Tipping Point? The Tum Against Legal Reform, Carl F. Minzner

Faculty Scholarship

No abstract provided.

Battling Collateral Consequences: The Long Road To Redemption, Joann M. Sahl

Akron Law Faculty Publications

Mississippi Governor Haley Barbour issued 193 controversial pardons on January 10, 2012, his last day in office. Former Ohio Governor Ted Strickland, who left office in January 2011, also faced criticism when he granted 280 pardons. Both governors publicly acknowledged that they granted most of their pardons to rehabilitated ex-offenders who sought to overcome the civil consequences of their criminal convictions. These consequences, known as collateral consequences, impede the ability of millions of ex-offenders to find employment, housing or other important benefits.

This Article explores the increasingly important, but controversial, role that governors play in the battleground of collateral consequences. …

Developing Sustainable International Library Exchange Programs: The Cuny-Shanghai Library Faculty Exchange Model, Sheau-Yueh Janey Chao, Beth Evans, Ryan Phillps, Mark Aaron Polger, Beth Posner, Ellen Sexton

Publications and Research

This article describes the City University of New York ( CUNY)-Shanghai Librarian Faculty Exchange Program. By observing and working in academic library services at CUNY, Shanghai University (SU), and Shanghai Normal University (SNU), participants were able to teach and learn from their colleagues, bringing their experiences back to further share with their home library patrons, colleagues, and colleges.

Embracing Mercy: Rehabilitation As A Means To Fairly And Efficiently Address Immigration Violations, David C. Koelsch

Intercultural Human Rights Law Review

Efforts by the U.S. Congress and the Obama Administration to provide millions of undocumented immigrants a path to legal status will fail unless deserving immigrants are allowed to overcome prior immigration or minor criminal violations. Indeed, a pathway to legal status is a hollow gesture if the path is either too narrow or too steep. As one means of evaluating which immigrants should benefit from comprehensive immigration reform, rehabilitation allows immigrants to demonstrate that they deserve a second chance and provides policymakers with a buffer against critics of immigration reform who allege it is nothing more than an amnesty for …

Sacred Heart University Fact Sheet 2013, Sacred Heart University

News, Magazines and Reports

No abstract provided.

Firearms Policy And The Black Community: An Assessment Of The Modern Orthodoxy, Nicholas J. Johnson

Faculty Scholarship

The heroes of the modern civil rights movement were more than just stoic victims of racist violence. Their history was one of defiance and fighting long before news cameras showed them attacked by dogs and fire hoses. When Fannie Lou Hamer revealed she kept a shotgun in every corner of her bedroom, she was channeling a century old practice. And when delta share cropper Hartman Turnbow, after a shootout with the Klan, said “I don’t figure I was being non-nonviolent, (yes non-nonviolent) I was just protecting my family”, he was invoking an evolved tradition that embraced self-defense and disdained political …

Plea Bargaining, Sentence Modifications, And The Real World, Julian A. Cook

Scholarly Works

This article examines the 2011 Supreme Court decision in United States v. Freeman. At issue was whether defendants, such as Freeman, who enter a guilty plea pursuant to a binding plea agreement, are entitled to seek a modification of their sentence when the guideline range applicable to their offense has subsequently been lowered by the United States Sentencing Commission. By a five-to-four vote, the Court found that Freeman was eligible to seek a sentence reduction. However, as the article explains, the concurring and controlling opinion of Justice Sotomayor may ultimately prove to be problematic for criminal defendants generally and for …

Is Gun Crime Learned? Social Learning Theory And Guns, Krista Pearl Caffrey

Graduate Student Theses, Dissertations, & Professional Papers

This study examines the relationship between specific childhood experiences and the use of guns in crime in a sample of incarcerated males in American prisons. Two specific childhood experiences are examined: exposure to violence in the home and exposure to guns in the home. Utilizing social learning theory, I argue that adult male felons who used guns in the commission of crimes will have had greater levels of exposure to violence and exposure to guns in their childhood home. Using a data set collected by sociologists James Wright and Peter Rossi, I conducted a binary logistic regression to determine the …

Enunciating Genocide: Crime, Rights And The Impact Of Judicial Intervention, Mark Findlay

Research Collection Yong Pung How School Of Law

As a consequence of recent decisions from the ICJ and the ICTR, it is clear that genocide can be pursued through the international courts both in terms of criminal liability and also rights/responsibility legal paradigms. This article suggests that this duality in possible contexts and processes of judicial determination, while being procedurally problematic, is in keeping with the human rights direction of international criminal justice. In addition, by opening the legal consideration of genocide to questions of individual liability as well as state-sponsored rights abuse, judges are now able to consider the more realistic complexity of genocide atrocity and thereby …

Validating The Right To Counsel, Brandon L. Garrett

Faculty Scholarship

This Essay, written as part of a Symposium celebrating the 50th Anniversary of Gideon v. Wainwright, focuses on the elaboration of the Gideon right in the context of ineffective assistance of counsel litigation. First, I describe how ineffective assistance of counsel claims came to dominate and define federal habeas corpus litigation, changing the structure of state post-conviction rules in reaction to the new prominence of ineffective assistance of counsel claims at the federal level, expanding to consider assistance of counsel during plea bargaining, and raising complex questions for post-conviction courts. Despite the ubiquity of ineffective assistance of counsel claims, the …

What Makes A Crime Against Humanity A Crime Against Humanity?, Charles Chernor Jalloh

Faculty Publications

This article examines what makes a crime against humanity a crime against humanity as opposed to an ordinary offense under domestic criminal law. One answer is to say that any systematic or widespread attack against a civilian population which is sponsored, supported or condoned by the State is a crime against humanity. Another interpretation is that any widespread or systematic attacks against civilians which “infringe on basic human values” should be classified as crimes against humanity. This paper will use the Rome Statute and emerging case law of the International Criminal Court (ICC) to argue that neither of the two …