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The Rap Sheet, Spring 2014, Illinois State University, Department Of Criminal Justice Sciences

The Rap Sheet

Newsletter of the Illinois State University Department of Criminal Justice Sciences

Comparative Criminal Justice: An Institutional Approach, Nicola Lacey

Duke Journal of Comparative & International Law

No abstract provided.

Criminal Liability Of Arbitrators In China: Analysis And Proposals For Reform, Duan Xiaosong

Washington International Law Journal

This article is prompted by a Chinese criminal provision governing the impartiality of arbitration. The goals of the article are to critically examine the criminal statute created by the provision and to put forward some proposals for reform, which can be employed to resolve the tension that exists between arbitrator impartiality and deference to arbitration. Although the provision appears to eliminate the abuse of arbitral power, it may raise more questions than it resolves. This article explores the problems and undertakes a comparative analysis of the corresponding United States provision as well as an analysis of some cultural and traditional …

The Emerging Structures Of Socialist Constitutionalism With Chinese Characteristics: Extra-Judicial Detention And The Chinese Constitutional Order, Larry Catá Backer, Keren Wang

Washington International Law Journal

China is developing its own distinctive path towards socialist constitutionalism and rule of law, one that reflects China's history and its unique circumstances but also conforms to the general principles of transnational constitutionalism. The Chinese constitutional order is grounded on a principal of separation of powers that distinguishes between an administrative power assigned to the government and a political authority assigned to the Chinese Communist Party (“CCP”). This constitutional order is reflected in two related but distinct legal contexts—laojiao (the system of administrative detentions, re-education through labor, or “劳动教养”) and shuanggui (the system of intra-CCP discipline of its cadres, …

Homegrown Muslim Extremism In The Netherlands: An Exploratory Note, Maria M. Komen

Journal of Strategic Security

In his Widening Circles of Disidentification the Dutch sociologist Abram de Swaan argues that enmity and violent conflicts occur most frequently among groups that resemble one another, in transitional phases in which the social differences between these groups are growing smaller. This paper sets out to explore this thesis, in relation to the recent tensions in the Netherlands generated by a trend towards radicalization among second-generation Moroccan youth. Another relevant point that is discussed is the way some ethnic minority juveniles are socialised and integrated in Dutch society. Political radicalism among young Moroccans in the Netherlands seems to be promoted …

What Is Access To Justice?, Trevor C. W. Farrow

Osgoode Hall Law Journal

Access to justice is the most pressing justice issue today. It has become the major focus of essentially all stakeholders in the legal community—governments, regulators, bar associations, researchers, and educators. It now needs to become an increasing topic of attention for those who use the system: the public. With all of this attention, what does the phrase “access to justice” really mean, particularly from the perspective of the public? In addition to reviewing the access to justice literature and policy initiatives, this article develops a public centered understanding of access to justice. It does so primarily by reporting on a …

Book Review: Mistrial: An Inside Look At How The Criminal Justice System Works…And Sometimes Doesn't, By Mark Geragos And Pat Harris, Ryan Heighton

Osgoode Hall Law Journal

No abstract provided.

Leading Edge Spring 2014, Richard W. Riley College Of Education, Winthrop University, Jennifer A. Fricke

Leading Edge

In This Issue

p.1 Impact: Families
p.2 Impact: Schools
p.3 Impact: Learning
p.4 Engagement
p.5 Partnerships
p.6 Clinical
p.7 Results
p.8 International

April 1, 2014 Aasu Graduate Affairs Committee Minutes, Armstrong Atlantic State University

Armstrong Office of the Registrar: Graduate Affairs Committee Minutes (Archived)

April 1, 2014 AASU Graduate Affairs Committee Minutes

April 1, 2014 Aasu Graduate Affairs Committee Minutes, Armstrong Atlantic State University

Armstrong Office of the Registrar: Graduate Affairs Committee Minutes (Archived)

April 1, 2014 AASU Graduate Affairs Committee Minutes

Student Conduct Administrator Knowledge Of The Statistical Reporting Obligations Of The Jeanne Clery Disclosure Of Campus Security Policy And Campus Crime Statistics Act, Michael Matthew Debowes

Educational Leadership & Workforce Development Theses & Dissertations

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the "Clery Act") is a consumer right-to-know law originally passed by Congress in 1900. The law requires colleges and universities receiving federal student aid to publish annually their security-related policies and crime statistics. The law provides for a civil fine up to $35,000 for each act of noncompliance, which can include failure to disclose a single crime statistic.

Student conduct administrators play an important role in classifying crimes, yet the literature is lacking on this population's understanding of the Clery Act. Therefore the purpose of this study …

9th Annual Research In The Capitol [Program], April 1, 2014, University Of Northern Iowa. University Honors Program., Iowa State University. Honors Program., University Of Iowa. Honors Program.

Research in the Capitol Programs

Program of research presentations given at the Capitol by students from the University of Northern Iowa, Iowa State University, and the University of Iowa.

The Advocate (Spring 2014), Lewis & Clark Law School

The Advocate

No abstract provided.

Slipping Between Danger, Pleasure And The Law: Thoughts On Three Recent Books Addressing Sexuality., Ummni Khan

Dalhousie Law Journal

Sexuality is slippery. It slips, for example, between pleasure and danger, between surrender and repression, and between force (the kind that turns some of us on) and violence (the kind that terrorizes us). It can be a site of intense oppression and unwanted objectification, and also ofempowerment and affirming desirability. In this review, I address three recent books that reckon with the ambivalence of sexuality in relation to the law and regulatory practices.

Role-Identity Prominence Of The 'Migrant' Role-Identity In Migrant College Students, Raul Garza

Theses and Dissertations - UTB/UTPA

The manner by which persons act upon, shape, and change social structure are central areas of study in sociological social psychology. Modification of social structure may be accomplished by persons creatively reacting to social roles. Through processes of legitimation, persons are provided various rewards and these, in turn, establish and hierarchically order a combination of role-identities collectively comprising the self. This ordering of role-identities, termed role-identity prominence, potentially impacts choices for alternative courses of action. This research empirically measures role-identity prominence of college students who have conducted agricultural migrant work. It empirically assesses the level of prominence for the migrant …

Language Disenfranchisement In Juries: A Call For Constitutional Remediation, Jasmine Gonzales Rose

Faculty Scholarship

Approximately thirteen million U.S. citizens, mostly Latinos and other people of color, are denied the right to serve on juries due to English language requirements and despite the possibility (and centuries-old tradition) of juror language accommodation. This exclusion results in the underrepresentation of racial minorities on juries and has a detrimental impact on criminal defendants, the perceived legitimacy of the justice system, and citizen participation in democracy. Yet, it has been virtually ignored. This Article examines the constitutionality of juror language requirements, focusing primarily on equal protection and the fair cross section requirement of the Sixth Amendment. Finding the existing …

The Dangers Of Press Clause Dicta, Ronnell Andersen Jones

Faculty Scholarship

The United States Supreme Court has engaged in an unusual pattern of excessive dicta in cases involving the press. Indeed, a close examination of such cases reveals that it is one of the most consistent, defining characteristics of the U.S. Supreme Court’s media law jurisprudence in the last half century. The Court’s opinions in cases involving the media, while almost uniformly reaching conclusions based on other grounds, regularly include language about the constitutional or democratic character, duty, value, or role of the press — language that could be, but ultimately is not, significant to the constitutional conclusion reached. Although scholars …

A Systematic Approach To Identifying Traffic Safety Needs And Intervention Programs For Indiana: Volume I—Research Report, Andrew P. Tarko, Mingyang Li, Mario Romero, Jose Thomaz

JTRP Technical Reports

This report presents the results of JTRP Project: “A Systematic Approach of Identifying Safety Intervention Programs for Indiana (SNIP2),” which aimed to develop SNIP2 to support identification of roads that have excessive crashes of the types defined by the user. In addition, this tool is capable of selecting the best combination of high-crash roads and relevant safety interventions that maximizes the safety benefits and keeps the total cost within the budget and other user-defined constraints.

Unlike other studies considering the implementation time of safety projects, the optimization objective of SNIP2 is to identify an optimal combination of countermeasures renewable within …

Improving Argumentation Through Goal Instructions In Asynchronous Online Discussions, Yekaterina Prudchenko

STEMPS Theses & Dissertations

Argumentation incorporated into class discussions can improve students' problem solving skills and enhance their epistemic and conceptual understanding. Research indicates students sometimes need scaffolding such as goal instructions to improve their argumentation skills. This study examined the effectiveness of different types of goal instructions on participants' argumentation achievement. In particular, the study compared the effects of minimal, moderate, substantial, and no goal instructions in asynchronous online discussions on participants' argumentation achievement, as measured by development, balance, and explanatory discourse scores. The study also tried to understand participants' experiences of the goal instructions by comparing the differences in emergent themes across …

Remaking Mexico: Law Reform As Foreign Policy, Deborah M. Weissman

Cardozo Law Review

No abstract provided.

Language Disenfranchisement In Juries: A Call For Constitutional Remediation, Jasmine B. Gonzales Rose

UC Law Journal

Approximately thirteen million U.S. citizens, mostly Latinos and other people of color, are denied the right to serve on juries due to English language requirements and despite the possibility (and centuries-old tradition) of juror language accommodation. This exclusion results in the underrepresentation of racial minorities on juries and has a detrimental impact on criminal defendants, the perceived legitimacy of the justice system, and citizen participation in democracy. Yet, it has been virtually ignored. This Article examines the constitutionality of juror language requirements, focusing primarily on equal protection and the fair cross section requirement of the Sixth Amendment. Finding the existing …

The Rights Of The Victims Of Past Atrocities In Spain: Reparation Without Truth And Justice?, Juan J. Garcia Blesa, Victor L. Gutierrez Castillo

Connecticut Journal of International Law

This paper analyzes the current legal and political controversies raised by the tens of thousands of unsolved cases of enforced disappearance that occurred in Spain during the Civil War in light of the international standards of reparation for serious human rights violations. The authors focus on the legal aspects relating to the international regulation of enforced disappearance as a continuing crime, the state's obligations to investigate, criminally prosecute and punish such crimes or extradite the possible culprits, and the dubious application of regulations by the Spanish Supreme Court and the Audiencia Nacional. In the opinion of the writers, this domestic …

The “Sources” Of The Law: Drawing Together Norm And Life, Adriana Cosseddu

Claritas: Journal of Dialogue and Culture

Using Chiara Lubich’s conceptualization of individuals as one “human family,” Cosseddu explores a fundamental tension in legal theory between on the one hand the freedom of persons for whom law is written, and the norms necessary for regulating life in common on the other. The interpretive key Cosseddu offers for bridging this tension is “relationality,” by which the other is construed not as an object to be acted upon but as a fully personal subject who coexists with me and for me. Thus, the law serves justice by identifying situations of comfort and pain and offering the possibility of rebuilding …

Access To Counsel In Removal Proceedings: A Case Study For Exploring The Legal And Societal Imperative To Expand The Civil Right To Counsel, Carla L. Reyes

University of the District of Columbia Law Review

Of the approximately 400,000 immigration cases pending before federal immigration courts across the country,' approximately fifty percent involve pro se respondents.2 Although empirical evidence shows that a foreign national's chances of receiving a favorable ruling doubles when an attorney represents him or her in removal proceedings, a unique confluence of history, legal tradition and policy climate have restricted immigrants' access to counsel to a ten-day window in which the immigrant may seek representation of his or her own choosing at no expense to the government. Although removal proceedings are, by definition, civil proceedings, they nevertheless involve physical detention and the …

The Unreviewable Irredeemable Child: Why The District Of Columbia Needs Reverse Waiver, Jamie Stevens

University of the District of Columbia Law Review

In 2005 the U.S. Department of Justice estimated that adult criminal courts prosecuted 23,000 cases involving defendants under the age of eighteen nationwide. 2 This means that those defendants faced conviction and sentencing in adult courts. Transfer of those under eighteen into adult criminal court has become the states' first line of defense in the fight against youth crime. However, recent Supreme Court decisions have cast doubt on the wisdom, and even the constitutionality of that approach. Roper v. Simmons held that the Eighth Amendment prohibits the death penalty for anyone under eighteen years of age. 3 Graham v. Florida …

The Trumpet Player's Lament: Rethinking The Civil Gideon Movement, Chad Flanders, Alexander Muntges

University of the District of Columbia Law Review

In Gideon 's Trumpet,' Anthony Lewis recounts the story of Clarence Gideon, an indigent man whose appeal to the United States Supreme Court improbably culminated with the Court holding that the right to counsel in a criminal trial was a fundamental right, one which requires the states to provide counsel to indigent criminal defendants. 2 Almost fifty years later in Turner v. Rogers,3 the Court rejected the analogous argument that the right to counsel in a civil contempt proceeding was a fundamental right where an indigent, noncustodial parent faces incarceration. This argument was at the core of the civil Gideon …

Expanding The Civil Privilege Of Being Represented By Counsel Through The Presumed Prejudice Doctrine, Maurice Hew Jr.

University of the District of Columbia Law Review

On the fiftieth anniversary of Gideon v Wainwright,' many scholars are examining 2 the promise to not ration justice 3 by requiring counsel to be appointed for the indigent for State crimes. 4 Yet, other scholars are trying to expand Gideon's promise to all civil law matters,5 including immigration. Providing free appointed immigration counsel for representation in secretive 7 civil immigration removal proceedings would be ideal. However, for respondents who are subjected to the mandatory deportation consequences of their *9. convictions, immigration representation is impractical and serves little purpose.' 0 A better approach is to have criminal counsel simultaneously provide …

Gideon Is My Co-Pilot: The Promise Of Civil Right To Counsel Pilot Programs, Clare Pastore

University of the District of Columbia Law Review

In recent years, access to justice and civil right to counsel advocates have taken a strong interest in pilot programs to test the cost and effectiveness of increasing the availability of counsel to low-income civil litigants. An eighteen-month privately-funded housing counsel pilot in two Boston courts has recently concluded and a new housing pilot is about to begin in three different Massachusetts courts. Pilots are also ongoing or in late stages of development in several other states. The most ambitious pilot program to date is the multi-year, multi-county pilot project underway in California pursuant to the Sargent Shriver Civil Counsel …

Immigration Is Different: Why Congress Should Guarantee Access To Counsel In All Immigration Matters, Careen Shannon

University of the District of Columbia Law Review

This article represents a pipe dream. It envisions an America where no one would be detained, deported, and exiled without the opportunity to meaningfully challenge the grounds for such drastic action against them. Specifically, it envisions an America in which Congress would act in the interest of justice to ensure that foreign nationals held in immigration detention-no, let's call it what it is: prison-while awaiting the opportunity to challenge removability before an Immigration Judge were guaranteed the right to counsel. Similarly, it imagines that even in a time of fiscal crisis and political dysfunction, a Congress that enacts some type …

Class Notes, Georgia Southern University

Arts & Humanities: News & Publications (2009-2023)

No abstract provided.