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Training Faculty To Adopt The Ignatian Pedagogical Paradigm, Ipp And Its Influence On Teaching And Learning: Process And Outcomes, Maureen E. Mcavoy

Jesuit Higher Education: A Journal

This is the second of two articles describing the action research undertaken by the three trainees and their trainer (author of this article). After formal training, the training team integrated the Ignatian Pedagogical Paradigm (IPP)1 into their undergraduate courses from fall of 2010 through May 2013 in the College of Professional Studies (CPS) at Marquette University in Milwaukee, Wisconsin. The first article was published in this journal in fall 2012 and provided a narrative describing the faculty development process, predicated on the five constructs of the IPP: Context, Experience, Reflection, Action and Evaluation. This article includes a full description of …

Experiences Of Adult Siblings Of Illicit Drug Users, Amy Mcalpine

Theses: Doctorates and Masters

The sibling relationship is unique in that it is relatively egalitarian, ascribed, and can be the longest-lasting across the lifespan. Siblings can act as supports for one another during major life events, both in childhood and adulthood. Siblings can also be a source of significant stress. The literature on family coping indicates that there are significant impacts to family members’ well-being from dealing with stress and strain that result from a family member’s drug use problem. However, researchers have not investigated the impacts on adult siblings despite the importance and uniqueness of sibling relationships. The broad aim of this research …

Due Process In Islamic Criminal Law, Sadiq Reza

Faculty Scholarship

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 …

Underneath Her Pantsuit: A Reflection On Hanna Rosin's The End Of Men, Aziza Ahmed

Faculty Scholarship

In her book, The End of Men, ¹ Hanna Rosin argues that women have “surpassed” men. This new reality necessitates a reevaluation of marriage, family, sex, and gender roles.² To further her claim, Rosin dedicates a chapter of her book to the topic of violence committed by women. She argues that women are becoming more violent³ :

The new [trope] taps into a fear that as they gain more power, women will use violence and their new specialized skills to get what they want. Singular and exotic though these cases may be, they raise the broader unsettling possibility …

Ten Reasons For Adopting A Universal Concept Of Participation In Atrocity, James G. Stewart

All Faculty Publications

The legal doctrine that assign blame for international crimes are numerous, unclear, ever-changing and often conceptually problematic. In this Essay, I question the prudence of retaining the radical doctrinal heterogeneity that, in large part, produces this state of disarray. Instead of tolerating different standards of participation across customary international law, the ICC statute and national systems of criminal law, I argue for a universal concept of participation that would apply whenever an international crime is charged, regardless of the jurisdiction hearing the case. Although I have argued elsewhere that a unitary theory of perpetration should serve this role, I here …

Legal Norms' Distinctiveness In Legal Transplants And Global Legal Pluralism, Toby S. Goldbach

All Faculty Publications

This paper examines the transnational movement of law and legal pluralism in the transnational domain in order to play with a specific question: whether legal norms are distinctive or whether there is a distinctive way that legal norms operate in practice. The paper engages with the International and considers two empirical domains or sets of disciplines: Legal Transplants and Global Legal Pluralism. Both reflect on the relationships between multiple overlapping legal orders and between "donors" and "recipients" in interactional legal practices. These disciplines point to moments of problem-articulation, periods of translation, and practices of acceptance and recognition. The paper suggests …

Introduction To The Special Issue On The Arab Spring, Ayodeji Kamau Perrin

Faculty Scholarship

What quickly became known as the "Arab Spring" is a series of protest movements, reform movements, and revolutions (some bloody and some relatively "bloodless") that has been ongoing for more than two years in the majority-Muslim world of the Middle East and North Africa. Arab Spring recalls both the European Revolutions of 1848, dubbed the "Springtime of the Peoples," as well as the Prague Spring of 1968. And the events have drawn comparisons to the post-Soviet revolutions of 1989. The compilation of essays contained in this Special Issue of the Journal of International Law reflects on these events from a …

Prescriptions For Ethical Blindness: Improving Advocacy For Indigent Defendants In Criminal Cases, Tigran W. Eldred

Faculty Scholarship

The reasons criminal lawyers so often fail to provide adequate legal representation to indigent defendants are well-­known: severe underfunding, excessive workloads, and other disincentives for competent representation work together to encourage quick disposition of cases, with little regard for the quality of legal services that are provided. Yet, largely overlooked in this equation is whether defense lawyers who provide subpar representation are aware of their own shortcomings. To answer this question, this Article focuses on the psychology of ethical decision making. Relying on research that reveals the subtle ways that self-­interest can cause people to overlook unethical behavior, it argues …

Secondary Victims' Perceptions Of Justice : Implications For Forensic Psychology, Benjamin Bannister

Theses: Doctorates and Masters

An emerging area of study has begun to look at the perceptions of justice of the family and friends of crime victims – or, secondary victims. It is important to improve understanding of secondary victims’ experiences of justice, partly because knowledge about how they perceive justice may help forensic psychologists assist them more effectively. This research attempted to assess how well existing justice theories could account for secondary victims’ perceptions of justice, and also help determine what is important to them. Using the largely ignored group of secondary victims of non-sexual violent crime, the research consisted of two interrelated stages. …

Nunca Más: Truth Commissions, Prevention, And Human Rights Culture, Margaret Urban Walker

Philosophy Faculty Research and Publications

No abstract provided.

Supreme Court Holds Grand Jury Witnesses Absolutely Immune From § 1983 Liability, Martin Schwartz

Scholarly Works

This article discusses the Supreme Court's ruling in Rehberg v. Paulk, 132 S. Ct. 1497 (2012), which extended the absolute witness immunity recognized in Briscoe v. LaHue, to grand jury witnesses. In an unanimous opinion, written by Justice Samuel A. Alito, Jr., the Court held that grand jury witnesses are absolutely immune from §1983 liability for their testimony, and even for conspiring to give false testimony.

The School-To-Prison Pipeline Tragedy On Montana's American Indian Reservations, Melina Healey

Scholarly Works

American Indian adolescents in Montana are caught in a school-to-prison pipeline. They are plagued with low academic achievement, high dropout, suspension and expulsion rates, and disproportionate contact with the juvenile and criminal justice systems. This phenomenon has been well documented in poor, minority communities throughout the country. But it has received little attention with respect to the American Indian population in Montana, for whom the problem is particularly acute. Indeed, the pipeline is uniquely disturbing for American Indian youth in Montana because this same population has been affected by another heartbreaking and related trend: alarming levels of adolescent suicides and …

Geography And Justice: Why Prison Location Matters In U.S. And International Theories Of Criminal Punishment, Steven Arrigg Koh

Faculty Scholarship

This Article is the first to analyze prison location and its relationship to U.S. and international theories of criminal punishment. Strangely, scholarly literature overlooks criminal prison designation procedures—the procedures by which a court or other institution designates the prison facility in which a recently convicted individual is to serve his or her sentence.

This Article identifies this gap in the literature—the prison location omission—and fills it from three different vantage points:

(1) U.S. procedural provisions governing prison designation;

(2) international procedural provisions governing prison designation; and

(3) the relationship between imprisonment and broader theories of criminal punishment.

Through comparison of …

Jewish Identity And Judging: Seymour Simon Of Illinois, Jack M. Beermann

Faculty Scholarship

Illinois Supreme Court Justice Seymour F. Simon (1915-2006) would have filled the stereotype of the righteous man in Jewish lore. He was a man of principle, communicated those principles in an insistent tone to anyone who would listen, worked hard to further the cause of justice and earned a reputation as a committed public servant. Justice Simon served as Justice of the Illinois Supreme Court from 1980-1988 after having served on the Illinois Appellate Court from 1974-1980. Before winning election to the courts, Justice Simon was a politician, serving, inter alia, as an alderman in the City of Chicago and …

Maryland V. King: Terry V. Ohio Redux, Tracey Maclin

Faculty Scholarship

In Maryland v. King, the Supreme Court addressed whether forensic testing of DNA samples taken from persons arrested for violent felonies violated the Fourth Amendment. The purpose behind DNA testing laws is obvious: collecting and analyzing DNA samples advances the capacity of law enforcement to solve both "cold cases" and future crimes when the government has evidence of the perpetrator's DNA from the crime scene.

In a 5-4 decision, the Court, in an opinion by Justice Kennedy, upheld Maryland's DNA testing statute, and presumably the similar laws of twenty-seven other states and the federal government.

Although Justice Kennedy's opinion suggests …

Addressing The Harm Of Total Surveillance: A Reply To Professor Neil Richards, Danielle K. Citron, David Gray

Faculty Scholarship

In his insightful article, "The Dangers of Surveillance," 126 Harvard Law Review 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting "intellectual privacy." Although we share his interest in recognizing and protecting privacy as a condition of personal and intellectual development, we worry in this essay that, as an organizing principle for policy, "intellectual privacy" is too narrow and politically fraught. Drawing on other work; we, therefore, recommend that judges, legislators, and executives focus, instead, on limiting the potential of surveillance technologies to effect programs of broad and indiscriminate …

Juries For Juveniles, Joseph E. Kennedy

Faculty Publications

No abstract provided.

Potential Innocence: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller

Faculty Publications

No abstract provided.

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

All Faculty Publications

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 …

Choosing Home: International Pushes And Pulls For Malaysian Alumni Of U.S. Graduate Programs, Pauline Chhooi

Theses and Dissertations--Educational Policy Studies and Evaluation

Malaysians’ journeys to pursue graduate education in the U.S. generate more than just degree attainment. This dissertation looks at how experiences in the U.S., both in graduate school and in the workplace, influenced highly educated Malaysians, especially in their exploration of push and pull factors that influence their decisions to remain in the U.S. or to return to Malaysia. This study focuses on twenty-two participants comprised of those who have returned to Malaysia, those who are working in the U.S. on non-immigrant visas, those who became Permanent Residents and those who are naturalized U.S. citizens.

The first major finding demonstrates …

Against Neorehabilitation, Jessica M. Eaglin

Articles by Maurer Faculty

In the face of severe budget constraints, bipartisan calls for reform, dropping crime rates, and judicial intervention, states are seriously considering and implementing criminal justice reform to manage prison populations for the first time in three decades. Scholars agree that states need a guiding theory to transform emergency and short-term reforms into a long-term shift in policy and practice away from mass incarceration. Numerous scholars advocate for a return to an improved theory of rehabilitation to guide the states in implementing such reform. This return-through neorehabilitation, or the rehabilitation of rehabilitation-centers on the use of evidence-based programming and predictive tools …

Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Aviva A. Orenstein, Tamara Rice Lave

Articles by Maurer Faculty

In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …

The Skeptic’S Guide To Information Sharing At Sentencing, Ryan W. Scott

Articles by Maurer Faculty

The “information sharing model,” a leading method of structuring judicial discretion at the sentencing stage of criminal cases, has attracted broad support from scholars and judges. Under this approach, sentencing judges should have access to a robust body of information, including written opinions and statistics, about previous sentences in similar cases. According to proponents, judges armed with that information can conform their sentences to those of their colleagues or identify principled reasons for distinguishing them, reducing inter-judge disparity and promoting rationality in sentencing law. This Article takes a skeptical view of the information sharing model, arguing that it suffers from …

Vagrant Masculinity : A Process Of Masculine Self-Conceptualization In Formerly Incarcerated Black Men, Le'brian Alexander Patrick

LSU Doctoral Dissertations

This qualitative study explores the reorientation of masculine identities of formerly incarcerated Black men. Analysis is based on 20 in-depth interviews with 17 former inmates from the Louisiana prison system. This research investigates the impact of incarceration on the construction of masculinity. I explore the processes by which formerly imprisoned African American men construct, negotiate, and experience masculinity. My findings present how the way these men define masculinity and see themselves post-incarceration is influenced by not only their prison experience, but also by the reentry programs that they are affiliated. These men’s identities have been reformulated post-incarceration and are profoundly …

Peel-Off Lawyers: Legal Professionals In India's Corporate Law Firm Sector, Jayanth K. Krishnan

Articles by Maurer Faculty

This study is about hierarchy within the legal profession – how it presents itself, how it is retained, and how it is combated. The socio-legal literature on this subject is rich, with many roots tracing back to Professor Marc Galanter’s famous early 1970s article on the ‘Haves’ and ‘Have-Nots.’ Galanter’s piece and the work of those influenced by him rightly suggest that resources – institutional, financial, and demographic – contribute to whether lawyers are, and remain as, part of the ‘Haves.’ Yet, while resources of course greatly matter, as this study will argue other forces are significant as well. One …

The American Judicature Society And Judicial Independence: Reflections At The Century Mark, Charles G. Geyh

Articles by Maurer Faculty

A logical starting point in a symposium commemorating AJS at the century mark is with judicial independence – a sweeping topic with a complex architecture that gives structure to the AJS mission. The many and varied contributions that AJS has made to the administration of justice over the past one hundred years can best be understood and appreciated as means to further the overarching objective of promoting an independent and accountable judiciary.

The Skeptic's Guide To Information Sharing At Sentencing, Ryan W. Scott

Articles by Maurer Faculty

The “information sharing model,” a leading method of structuring judicial discretion at the sentencing stage of criminal cases, has attracted broad support from scholars and judges. Under this approach, sentencing judges should have access to a robust body of information, including written opinions and statistics, about previous sentences in similar cases. According to proponents, judges armed with that information can conform their sentences to those of their colleagues or identify principled reasons for distinguishing them, reducing inter-judge disparity and promoting rationality in sentencing law.

This Article takes a skeptical view of the information sharing model, arguing that it suffers from …

Government Spending And Child Well-Being : A Correlational Study Of The Organization For Economic Co-Operation And Development (Oecd) Countries, Rachel Suzanna Foretich

LSU Master's Theses

Children who live in poverty are more likely to suffer from avoidable illnesses, become teenaged parents, be involved in the criminal justice system, and mature into adults who live in poverty (Isaacs et al., 2011). This study examines the relationship between government spending as a percent of gross domestic product (GDP) and 21 child well-being indicators. The samples in this study were collected from 30 Organization of Economic Co-Operation and Development (OECD) countries for the years 2009 and 2012. The major finding of this study reveals that there is a statistically significant relationship between government spending as a percent of …

Family-Related Risk Factors And Their Associations With Behavior Problems Of Children In Foster Care, Jena Leigh Ourso

LSU Master's Theses

Children in foster care are at risk for problems associated with breakdowns in their ecological system. Possible explanations for this may be that children’s daily interactions in early childhood are primarily with their parents. The relationship between child and parent (the dyad) is a crucial part of the way children grow and develop. Past research focuses on the child’s behavior problems as separate and isolated instead of focusing on the behavior problems as a symptom of the dysfunction in the dyad. This study explored the role of two specific risk factors for children in foster care and how these may …

School Discipline Reform: Incorporating The Supreme Court's "Age Matters" Jurisprudence, Barbara A. Fedders, Jason Langberg

Faculty Publications

No abstract provided.