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2013

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Putting Desert In Its Place, Christopher Slobogin, Lauren Brinkley-Rubinstein Jan 2013

Putting Desert In Its Place, Christopher Slobogin, Lauren Brinkley-Rubinstein

Vanderbilt Law School Faculty Publications

Based on an impressive array of studies, Paul Robinson and his coauthors have developed a new theory of criminal justice, which they call empirical desert. The theory asserts that, because people are more likely to be compliant with a legal regime that is perceived to be morally credible, a criminal justice system that tracks empirically derived lay views about how much punishment is deserved is the most efficient way of achieving utilitarian goals, or at least is as efficient at crime prevention as a system that focuses solely on deterrence and incapacitation. This Article describes seven original studies that test …

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Plea Bargains That Waive Claims Of Ineffective Assistance - Waiving Padilla And Fry, Nancy J. King Jan 2013

Plea Bargains That Waive Claims Of Ineffective Assistance - Waiving Padilla And Fry, Nancy J. King

Vanderbilt Law School Faculty Publications

This essay addresses the growing use and enforcement of terms in plea agreements by which a defendant waives his right to attack his plea agreement on the basis of constitutionally deficient representation during negotiations leading to the agreement. Contrary to other commentators and some courts, I argue that the Constitution does not forbid the enforcement of such a waiver, and review steps a judge may have to take in order to ensure that a defendant’s express waiver of the right to effective representation during plea bargaining is knowing and voluntary. I also argue that although the Constitution does not prohibit …

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Childhood Predictors In The Severity Of Combat Related Posttraumatic Stress Disorder Among Veterans With Combat Related Exposure, Michael Bermes Jan 2013

Childhood Predictors In The Severity Of Combat Related Posttraumatic Stress Disorder Among Veterans With Combat Related Exposure, Michael Bermes

Electronic Theses and Dissertations

Emerging research suggests that childhood adversities may increase both the risk and symptomology of posttraumatic stress disorder (PTSD) in our veteran population. Over 40% of our reintegrating military veterans return with significant mental health issues led by combatrelated PTSD. PTSD impacts veterans in numerous areas including unemployment, increased criminal justice involvement, increased treatment costs, divorce, co-morbid mental illness, greater levels of domestic violence, homelessness, high college dropout rates, suicide, and long term health problems. The purpose of this study is to investigate the impact of childhood adversities (abuse, neglect, and poverty) upon the severity of combat-related PTSD in veteran populations. …

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Ensuring The Effective Prosecution Of Sexually Violent Crimes In The Bosnian War Crimes Chamber: Applying Lessons From The Icty, Courtney Ginn Jan 2013

Ensuring The Effective Prosecution Of Sexually Violent Crimes In The Bosnian War Crimes Chamber: Applying Lessons From The Icty, Courtney Ginn

Emory International Law Review

Despite the extensive use of sexual violence as a weapon in war throughout history, the International Criminal Tribunal for the former Yugoslavia was the first international tribunal to develop criminal jurisprudence concerning sexual violence. Although the ICTY expanded criminal liability for sexually violent acts committed during the Yugoslav Wars to an unprecedented extent, the conviction rate for sexually violent crimes was much lower than the conviction rate for other crime.

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The Admission Of Scientific Evidence In A Post-Crawford World, Eric Nielson Jan 2013

The Admission Of Scientific Evidence In A Post-Crawford World, Eric Nielson

Minnesota Journal of Law, Science & Technology

No abstract provided.

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Moving Beyond Title Ix: An Evaluation Of The Comprehensiveness And Accessibility Of Policies And Procedures For Preventing And Responding To Gender Based Violence, Alyssa Mullins Jan 2013

Moving Beyond Title Ix: An Evaluation Of The Comprehensiveness And Accessibility Of Policies And Procedures For Preventing And Responding To Gender Based Violence, Alyssa Mullins

Electronic Theses and Dissertations

The current study examines the gender based violence policies and programs of large, public universities in Florida. Current literature argues that preventing and responding to gender based violence in institutions of higher education requires comprehensive and ecological techniques at the individual, interpersonal, community, and societal level. In recent years, various institutions and agencies have showed increasing administrative commitment to addressing these issues. Futures Without Violence, formerly named Family Violence Prevention Fund, is a private organization that has established a set of guidelines and recommendations to aid IHEs in their response and prevention of gender based violence, intended to exceed federal …

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Human Trafficking For Sexual Exploitation In Southeast Asia, Nodwarang Niamvanichkul Jan 2013

Human Trafficking For Sexual Exploitation In Southeast Asia, Nodwarang Niamvanichkul

Electronic Theses and Dissertations

This study centers on the political aspects of human trafficking and sexual exploitation in Southeast Asia. Specifically, the human trafficking is a security studies concern because it is not only a social issue, but also a security threat. Just as with drug trafficking, human trafficking has security consequences. The study analyzed human trafficking issues in the following three countries in Southeast Asia: Thailand, Myanmar, and Cambodia. These three countries were chosen due to the high levels of human trafficking. In each of the chosen cases, there is an examination of human trafficking issues in terms of political structures, political policies, …

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Intimate Partner Kidnapping: An Exploratory Analysis, Lindsey Blumenstein Jan 2013

Intimate Partner Kidnapping: An Exploratory Analysis, Lindsey Blumenstein

Electronic Theses and Dissertations

The following study is an exploratory analysis of intimate partner kidnapping. The current study will give a descriptive picture of the victim, offender, and incident characteristics of a form of intimate partner violence that has never been studied before, intimate partner kidnapping, as well as a form of physical violence often seen in the literature, intimate partner assaults. The study will use a combination of the National Incident Based Report System (FBI, 2009), and the American Community Survey (Census, 2012) to identify these characteristics and also to identify any potential relationships between structural-level correlates and rates of intimate partner violence. …

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Treaties In Force: A List Of Treaties And Other International Agreements Of The United States In Force On January 1, 2013, United States Department Of State Jan 2013

Treaties In Force: A List Of Treaties And Other International Agreements Of The United States In Force On January 1, 2013, United States Department Of State

Historical and Topical Legal Documents

No abstract provided.

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Rico Trends: From Gangsters To Class Actions, Pamela Bucy Pierson Jan 2013

Rico Trends: From Gangsters To Class Actions, Pamela Bucy Pierson

Articles

This article addresses the question why isn't RICO used much RICO the Racketeer Influenced and Corrupt Organizations Act both a crime and a civil cause of action was passed in 1970 with much fanfare The fanfare was deserved RICO was an imaginative criminal justice initiative aimed at complex systemic crime RICO's civil cause of action was viewed as a robust tool for plaintiffs and a vital supplement to strained law enforcement resources After conducting an indepth analysis of RICO opinions reported and unreported rendered by the federal appellate courts during the seven year time period from 20052011 this article has …

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Graduate Studies Fact Book Jan 2013

Graduate Studies Fact Book

Graduate Studies Fact Books (2006-2017)

No abstract provided.

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Like A Hurricane: A Citation Analysis Of Emergency Management Scholarly Literature, Jennifer Noe, Julia M. Furay Jan 2013

Like A Hurricane: A Citation Analysis Of Emergency Management Scholarly Literature, Jennifer Noe, Julia M. Furay

Publications and Research

This bibliometric study used citation analysis to uncover citing characteristics in the burgeoning academic field of emergency management. Of the 281 degree programs listed by the Federal Emergency Management Agency nationwide, those at community colleges accounted for 17 percent of the total. Using the interdisciplinary database of Academic Search Complete, a sample of 5,099 citations was collected from 146 articles published between 2002 and 2012. The most strongly represented disciplines revealed by the analysis were Social Science, Science/Technology and Medicine. A majority of citations (45%) came from academic journals, with nearly half (44%) of those from Social Science. When citing …

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First, Do No Harm: On Addressing The Problem Of Implicit Bias In Juror Decision Making, Jennifer K. Elek, Paula Hannaford-Agor Jan 2013

First, Do No Harm: On Addressing The Problem Of Implicit Bias In Juror Decision Making, Jennifer K. Elek, Paula Hannaford-Agor

Faculty Publications

Courts have extremely limited opportunities to educate jurors about the pernicious effects of complex psychological phenom­ena like implicit bias and how these implicit forms of bias may distort jurors' interpretation of trial evidence. This article focuses on several of these interventions and the factors that may increase or undermine their effectiveness. Most Americans are aware of the existence of explicit bias and its effects on decision making generally, but implicit bias is still a relatively new concept about which many people in the justice system are unaware. The first section of this article discusses the difference between explicit bias and …

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Chronic Trauma Effects On Personality Trait Trajectory In Police Officers, Jennifer Leigh Wills Jan 2013

Chronic Trauma Effects On Personality Trait Trajectory In Police Officers, Jennifer Leigh Wills

Graduate Student Theses, Dissertations, & Professional Papers

The impact of chronic trauma exposure on personality trajectories over time was examined in a sample of urban police officers. Scores from a personality measure taken in pre-hire psychological evaluations were compared with follow up scores administered for this study five to ten years later. An urban police agency of approximately 1000 commissioned police officers agreed to allow its officers to be recruited as participants. The consulting psychologist who performed the agency’s pre-hire psychological evaluations during the applicable period supplied historical data with participant consent and agency approval. Personality change between the two times was analyzed using hierarchical regression analysis, …

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De-Naturalizing Criminal Law: Of Public Perceptions And Procedural Protections, Benjamin Levin Jan 2013

De-Naturalizing Criminal Law: Of Public Perceptions And Procedural Protections, Benjamin Levin

Publications

Innocence, it turns out, is a complex concept. Yet the Innocence Movement has drawn power from the simplicity of the wrong-person story of innocence, as told most effectively by the DNA cases. The purity of that story continues to have power, but that story alone cannot sustain the Innocence Movement. It is too narrow. It fails to accommodate the vast majority of innocent people in our justice system. It fails to embrace innocence in its full complexity. . . . [I]n the end, for virtually all purposes, innocence must be understood under the objective rules that have long governed the …

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Prostitution 3.0?, Scott R. Peppet Jan 2013

Prostitution 3.0?, Scott R. Peppet

Publications

This Article presents an entirely novel approach to prostitution reform focused on incremental market improvement facilitated by information law and policy. Empirical evidence from the economics and sociology of sex work shows that new, Internet-enabled, indoor forms of prostitution may be healthier, less violent, and more rewarding than traditional street prostitution. This Article argues that these existing "Prostitution 2.0" innovations have not yet improved sex markets sufficiently to warrant legalization. It suggests that creating a new "Prostitution 3.0" that solves the remaining problems of disease, violence, and coercion in prostitution markets is possible, but would require removing legal barriers to …

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Neofeminism, Aya Gruber Jan 2013

Neofeminism, Aya Gruber

Publications

Today it is prosaic to say that "feminism is dead." Far from being moribund, feminist legal theory is breaking from its somewhat dogmatic past and forging ahead with new vigor. Many modern feminist legal scholars seek innovative ways to better the legal, social, and economic status of women while simultaneously questioning some of the more troubling moves of second-wave feminism, such as the tendency to essentialize the woman's experience, the turn to authoritarian state policies, and the characterization of women as pure objects or agents. These "neofeminists" prioritize women's issues but maintain a strong commitment to distributive justice and recognize …

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Identity Theft Among College Students, Laura B. Lucas Jan 2013

Identity Theft Among College Students, Laura B. Lucas

Masters Theses

Identity theft is prominent and is specifically affecting the general population of young adults. There is a void the in research that focuses on parental influence regarding identity theft on their college children. Prior research shows that identity theft is rapidly growing and is a problem. (Winterdyk & Thompson, 2008). The aims of this study are to enhance the awareness of identity theft, and to show the importance of identity theft education. Albert Bandura's Social Learning Theory is applied to the study as well, and is used a potential guide to understanding the effects of parental behavior and perceptions of …

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Law 799: Clinical Practice-Criminal—A Peer Review Of Teaching Project Benchmark Portfolio, Steven Schmidt Jan 2013

Law 799: Clinical Practice-Criminal—A Peer Review Of Teaching Project Benchmark Portfolio, Steven Schmidt

UNL Faculty Course Portfolios

This portfolio provides a broad overview of my teaching of Law 799. It not only gives the reader an understanding of the goals I have for the course, but also how I endeavor to reach those goals. Finally, through the use of student assessment, this portfolio provides insight as to whether my goals were reached and to what degree. Thus, the portfolio serves to inform me of areas needing improvement.

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Conference Transcript: Heeding Frickey's Call: Doing Justice In Indian Country Jan 2013

Conference Transcript: Heeding Frickey's Call: Doing Justice In Indian Country

American Indian Law Review

No abstract provided.

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The Leonard Peltier Case: An Argument In Support Of Executive Clemency Based On Norms Of International Human Rights, Joseph Ezzo Jan 2013

The Leonard Peltier Case: An Argument In Support Of Executive Clemency Based On Norms Of International Human Rights, Joseph Ezzo

American Indian Law Review

No abstract provided.

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Respectful Workplace And Violence Prevention A Fidelity Checklist For Mndot D7, Annemarie Burgess Jan 2013

Respectful Workplace And Violence Prevention A Fidelity Checklist For Mndot D7, Annemarie Burgess

All Graduate Theses, Dissertations, and Other Capstone Projects

The Minnesota Department of Transportation strives to provide a safe and respectful workplace. Wiens (2011) notes that “Government makes up 18 percent of the U.S. workforce, according to the National Criminal Justice Reference Service; yet, 30 percent of victims of workplace violence are federal, state or local government employees”(p. 5). District 7 of the Minnesota Department of Transportation has identified issues of ongoing concern that include: communication problems, gender and generational differences, and potential union based seniority conflicts resulting in perceived intimidation and interpersonal conflict. This Capstone project was an effort to develop a fidelity checklist to ensure that state …

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2013-2014 Undergraduate Catalog, Morehead State University Jan 2013

2013-2014 Undergraduate Catalog, Morehead State University

Morehead State Catalog Archive

2013-2014 undergraduate catalog for Morehead State University.

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Wipo And The American Constitution: Thoughts On A New Treaty Relating To Actors And Musicians, Hannibal Travis Professor Of Law Jan 2013

Wipo And The American Constitution: Thoughts On A New Treaty Relating To Actors And Musicians, Hannibal Travis Professor Of Law

Vanderbilt Journal of Entertainment & Technology Law

The World Intellectual Property Organization (WIPO) is seeking to reform U.S. copyright law. The WIPO Treaty on Audiovisual Performances (AV Treaty) would restrict the communication of actors' and musicians' performances without authorization. The treaty would probably make it illegal to display or show clips of performances, or make a movie or YouTube video by transforming or adapting other actors' or musicians' performances, particularly when the original credits and copyright information are dropped. This Article analyzes key provisions of the AV Treaty to ascertain whether they change US law, or merely globalize existing US doctrines. This Article describes the threat posed …

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Prison Is Prison, Brooke Coleman Jan 2013

Prison Is Prison, Brooke Coleman

Faculty Articles

Two indigent men stand before two separate judges. Both will be sent to prison if they lose their cases. One receives appointed counsel, but the other does not. This discrepancy seems terribly unjust, yet the Supreme Court has no problem with it. It recently affirmed in Turner v. Rogers, that where an indigent individual is subject to criminal charges that can result in incarceration, he has a right to appointed counsel, but where an indigent individual is subject to civil proceedings where incarceration is a consequence, he does not. In other words, criminal and civil proceedings have different rules, and …

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Casual Ostracism: Jury Exclusion On The Basis Of Criminal Convictions, Anna Roberts Jan 2013

Casual Ostracism: Jury Exclusion On The Basis Of Criminal Convictions, Anna Roberts

Faculty Articles

Statutes in forty-eight states permit the exclusion of those with felony convictions from criminal juries; thirteen states permit the exclusion of those with misdemeanor convictions. The reasons given for these exclusions, which include the assumption that those with convictions are embittered against the state, do not justify their costs. Procedural justice theories indicate that embitterment of those with criminal convictions need not – and should not – be assumed. Rather, policymakers should do what they can to avoid such embitterment. This article therefore proposes that automatic statutory exclusions on the basis of criminal convictions should be abandoned. If a juror …

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Full Disclosure: Cognitive Bias, Informants, And Search Warrant Scrutiny, Mary Bowman Jan 2013

Full Disclosure: Cognitive Bias, Informants, And Search Warrant Scrutiny, Mary Bowman

Faculty Articles

This article posits that cognitive biases play a significant role in the gap between the rhetoric regarding Fourth Amendment protection and actual practices regarding search warrant scrutiny, particularly for search warrants based on informants’ tips. Specifically, this article examines the ways in which implicit bias, tunnel vision, priming, and hindsight bias can affect search warrants. These biases can affect each stage of the search warrant process, including targeting decisions, the drafting process, the magistrate’s decision whether to grant the warrant, and post-search review by trial and appellate courts. These biases create room for informant falsehoods to go unchecked, with a …

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Transforming Domestic Violence Representation, Jane Stoever Jan 2013

Transforming Domestic Violence Representation, Jane Stoever

Faculty Articles

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 …

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Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh Rathod, Deborah Weissman Jan 2013

Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh Rathod, Deborah Weissman

Faculty Articles

Since the 1960s, the United States government has paid increasing attention to the rights of language minorities and to the need for greater civic and political integration of these groups. With the passage of the Civil Rights Act of 1964, the issuance of Executive Orders, and intervention by the federal judiciary, progress has been made in the realm of language access. State and local courts have likewise taken steps (albeit imperfectly) to provide interpretation and translation assistance to Limited English Proficient persons. Most recently, responding to both lack of services and inconsistent practices, the American Bar Association has set out …

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Drug Panics In The Twenty-First Century: Ecstasy, Prescription Drugs, And The Reframing Of The War On Drugs, Deborah Ahrens Jan 2013

Drug Panics In The Twenty-First Century: Ecstasy, Prescription Drugs, And The Reframing Of The War On Drugs, Deborah Ahrens

Faculty Articles

The Supreme Court has failed to clarify this important procedural exception to the clear error standard. More than this, the Court has failed to explain why it refuses to apply independent judgment to all constitutional facts. The results of the differential treatment of these two legal concepts are: 1) Rule 52, and the Supreme Court’s approach to its constitutional fact exception is another type of denial of structural due process, preventing the legal norming of intentional discrimination jurisprudence; 2) institutional interests of doctrinal coherence and decisional accuracy are minimized in favor of reducing direct costs to the judicial system; 3) …

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