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Unf Journal Winter 2013, University Of North Florida

UNF Journal

A university periodical for alumni and friends of the University of North Florida.

Prosecuting Those Bearing 'Greatest Responsibility': The Lessons Of The Special Court For Sierra Leone, Charles Chernor Jalloh

Faculty Publications

This Article examines the controversial article 1(1) of the Statute of the Special Court for Sierra Leone (SCSL) giving that tribunal the competence “to prosecute those who bear the greatest responsibility” for serious international and domestic crimes committed during the latter part of the notoriously brutal Sierra Leonean conflict. The debate that arose during the SCSL trials was whether this bare statement constituted a jurisdictional requirement that the prosecution must prove beyond a reasonable doubt or merely a type of guideline for the exercise of prosecutorial discretion. The judges of the court split on the issue. This paper is the …

Legal Latin Americanism, Jorge L. Esquirol

Faculty Publications

No abstract provided.

An Equilibrium-Centric Interpetation Of Restorative Justice And Examining Its Implementation Difficulties In America, Saby Ghoshray, Ph.D.

Campbell Law Review

No abstract provided.

North Carolina's Wary Reception Of Drug Treatment Court: The Myth Of Inherent Ethics Violations Within Its Structure, Lily Van Patten

Campbell Law Review

No abstract provided.

The Global Chase: Seeking The Recognition And Enforcement Of The Lago Agrio Judgment Outside Of Ecuador, Manuel A. Gómez

Faculty Publications

No abstract provided.

Cognitive Systems For Revenge And Forgiveness, Michael E. Mccullough, Robert Kurzban, Benjamin A. Tabak

ESI Publications

Minimizing the costs that others impose upon oneself and upon those in whom one has a fitness stake, such as kin and allies, is a key adaptive problem for many organisms. Our ancestors regularly faced such adaptive problems (including homicide, bodily harm, theft, mate poaching, cuckoldry, reputational damage, sexual aggression, and the infliction of these costs on one's offspring, mates, coalition partners, or friends). One solution to this problem is to impose retaliatory costs on an aggressor so that the aggressor and other observers will lower their estimates of the net benefits to be gained from exploiting the retaliator in …

Neuroscientists In Court, David L. Faigman, Owen D. Jones, Anthony D. Wagner, Marcus E. Raichle

Faculty Scholarship

No abstract provided.

Foreword Critical Race Theory And Empirical Methods, Osagie K. Obasogie

Faculty Scholarship

No abstract provided.

Competing Normative Frameworks And The Limits Of Deterrence Theory Comments On Baker And Griffith "Ensuring Corporate Misconduct", Jodi L. Short

Faculty Scholarship

No abstract provided.

Rethinking The Principal-Agent Theory Of Judging, Rafael I. Pardo, Jonathan Remy Nash

Scholarship@WashULaw

This Essay offers new insights into understanding the relationship between higher and lower courts and responds to the extant literature that has characterized the relationship as one involving a principal and an agent. We challenge the underpinnings of the principal-agent understanding of judicial hierarchies and identify problems with the theory’s applicability in this context. While principals ordinarily select their agents, higher court judges usually do not select lower court judges. Moreover, while lower court judges may cast votes with an eye to the possibility of elevation to a higher court, the higher court judges who review the lower court’s decisions …

Community Arts In The Lives Of Disadvantaged African American Youth: Educating For Wellness And Cultural Praxis, Mabel Sabogal

USF Tampa Graduate Theses and Dissertations

The main purpose of this study was to analyze the role and potential of community arts programs and organizations in improving the lives of disadvantaged African American youth, through the creation of a participatory video project and the internal evaluation of the same; using applied anthropological methods, and cultural praxis (an innovative educational design), and following the recommendations of expert community arts programs evaluators. The study responds to the need identified in the community arts literature to offer robust program evaluations that explain the benefits of such programs. The lack of evidence seems to derive not only from the difficulties …

"When You Tell Them, Your Secret Is Out There": Experiences Of Sexuality And Intimacy Among Hiv Positive Black Women, Mackenzie Rae Tewell

USF Tampa Graduate Theses and Dissertations

HIV/AIDS infections disproportionately impact African Americans within the United States. In 2010, black Americans made up 12 percent of the United States population, yet accounted for 44 percent of new HIV/AIDS infections (Kaiser Family Foundation 2013). The majority of black women (85 percent) are infected with the virus through heterosexual contact, meaning it is critical examine their sexual lives in order to gain insight into this infection within this population (CDC 2011b). Through semi-structured interviews at a Tampa, Florida AIDS service organization, this study presents the experiences of sexuality and intimacy among HIV positive black women. Results demonstrate that HIV …

A Latent Mixture Approach To Modeling Zero-Inflated Bivariate Ordinal Data, Rajendra Kadel

USF Tampa Graduate Theses and Dissertations

Multivariate ordinal response data, such as severity of pain, degree of disability, and satisfaction with a healthcare provider, are prevalent in many areas of research including public health, biomedical, and social science research. Ignoring the multivariate features of the response variables, that is, by not taking the correlation between the errors across models into account, may lead to substantially biased estimates and inference. In addition, such multivariate ordinal outcomes frequently exhibit a high percentage of zeros (zero inflation) at the lower end of the ordinal scales, as compared to what is expected under a multivariate ordinal distribution. Thus, zero inflation …

Use Of Services By Female Survivors Of Intimate Partner Violence: In Their Own Words, Michele M. Scordato

USF Tampa Graduate Theses and Dissertations

No

Effects Of Virtual Reality On The Cognitive Memory And Handgun Accuracy Development Of Law Enforcement Neophytes, Richard A. Wright

USF Tampa Graduate Theses and Dissertations

Abstract

The purpose of this research was to investigate the effects of virtual reality training on the development of cognitive memory and handgun accuracy by law enforcement neophytes. One hundred and six academy students from 6 different academy classes were divided into two groups, experimental and control. The experimental group was exposed to virtual reality training for a period of 8 hours. The control group was exposed to the traditional, non-interactive training that occurred on a gun range, also for a period of 8 hours. After exposing the groups to their respective training, a counter-balance technique was utilized to expose …

Addressing Sentencing Disparities For Tribal Citizens In The Dakotas: A Tribal Sovereignty Approach, Bj Jones, Christopher J. Ironroad

North Dakota Law Review

No abstract provided.

A New Day For Driving Under The Influence Prosecution: H.B. 1302—North Dakota's New Dui Law, Aaron Birst

North Dakota Law Review

No abstract provided.

A Criminal Defendant's Right To Testify: Constitutional Implications Of Presuming Waiver From A Silent Record, Alexander J. Stock

North Dakota Law Review

No abstract provided.

Searches And Seizures – Fourth Amendment And Reasonableness: The Maryland Dna Collection Act Allows Pre-Conviction Securing Of Dna Samples For Identification Maryland V. King, 133 S. Ct. 1958, Krista Thompson

North Dakota Law Review

No abstract provided.

American Indian Law: A Discourse On Chthonic Law, Gregory Gagnon

North Dakota Law Review

No abstract provided.

Budaya Penjara: Arena Sosial Semi Otonom Di Lembaga Permasyarakatan "X", A. Josias Simon Runturambi

Antropologi Indonesia

This paper is an ethnographic study to understand the prison’s culture in the correctional institutions “X”. The writer has examined carefully the way of living day by day directly and raised a variety of mutual agreements among the residents behind the prison walls. The results in the investigation field shows the limit and deprivation that appears as an interpretation actor, not the institution, that occur according certain contexts. The prison’s culture not only discuss informal agreement but how the agreements can be maintained by the actors in everyday’s life utilization in fulfilling the needs and self-interests

The Charter At Thirty, Michael Ignatieff

Osgoode Hall Law Journal

No abstract provided.

Inclusion, Voice, And Process-Based Constitutionalism, Colleen Sheppard

Osgoode Hall Law Journal

This article explores a growing emphasis on process issues in the elaboration of constitutional rights and freedoms, focusing on the Canadian Charter of Rights and Freedoms. In a diverse range of contexts, judges are framing constitutional rights and freedoms in terms of the processes and practices they require, rather than in terms of specific constitutionally mandated substantive outcomes. Thus, constitutional rights have been interpreted to require a duty to negotiate, a duty to consult, a duty to accommodate, and entitlements to participate in democratic governance. The growing emphasis on processes and practices is positive to the extent that it resonates …

Rights Adjudication In A Plurinational State: The Supreme Court Of Canada, Freedom Of Religion, And The Politics Of Reasonable Accommodation, Sujit Choudhry

Osgoode Hall Law Journal

A disproportionate number of the Supreme Court of Canada’s recent cases on freedom of religion come out of Quebec and involve claims for reasonable accommodation. These decisions represent a point of national cleavage in two respects. First, in each case the Quebec Court of Appeal rejected the section 2(a) claims, and the Supreme Court of Canada overturned its decision. Second, the Supreme Court has often divided on national lines with one or more francophone judges from Quebec writing a concurrence or a sharp dissent. Moreover, francophone judges from outside Quebec have also broken ranks with their colleagues. The cleavages on …

Predictive Effects Of Good Self-Control And Poor Regulation On Alcohol-Related Outcomes: Do Protective Behavioral Strategies Mediate?, Matthew R. Pearson, Benjamin A. Kite, James M. Henson

Psychology Faculty Publications

In the present study, we examined whether use of protective behavioral strategies mediated the relationship between self-control constructs and alcohol-related outcomes. According to the two-mode model of self-control, good self-control (planfulness; measured with Future Time Perspective, Problem Solving, and Self-Reinforcement) and poor regulation (impulsivity; measured with Present Time Perspective, Poor Delay of Gratification, Distractibility) are theorized to be relatively independent constructs rather than opposite ends of a single continuum. The analytic sample consisted of 278 college student drinkers (68% women) who responded to a battery of surveys at a single time point. Using a structural equation model based on the …

Response: Commandeering Information (And Informing The Commandeered), Anthony Johnstone

Faculty Law Review Articles

This article is a response to Can the States Keep Secrets from the Federal Government? by Robert Mikos. The author amplifies and extends Professor Mikos's first point, which identifies the commandeering problem and suggests some limits to his second point, which proposes a judicially managed solution.

If Skilling Can't Get A Change Of Venue, Who Can? Salvaging Common Law Implied Bias Principles From The Wreckage Of The Constitutional Pretrial Publicity Standard, Jordan Gross

Faculty Law Review Articles

Fifty years ago, the United States Supreme Court issued three landmark decisions recognizing local pretrial publicity and community hostility in a charging venue as extraneous forces that can impact jurors’ ability to be constitutionally impartial. It later held that local prejudice can be so incompatible with a defendant’s right to an impartial jury that a trial in that community violates due process and may require a change in venue. Paradoxically, successful venue challenges under this federal constitutional pretrial publicity standard have become increasingly rare even as the volume, sensationalism, and pervasiveness of media coverage of criminal trials have increased with …

Criminal Law - A Small Step Forward In Juvenile Sentencing, But Is It Enough: The United States Supreme Court Ends Mandatory Juvenile Life Without Parole Sentences; Miller V. Alabama, 32 S. Ct. 2455 (2012), Brian J. Fuller

Wyoming Law Review

No abstract provided.

Giving Meaning To Empty Words: Promoting Tribal Self-Governance By Narrowing The Scope Of Jury Vicinage And Venue Selection In Mca Adjudications, Shannon Rogers

Wyoming Law Review

No abstract provided.