Digital Commons Network^™

Law Enforcement, Community, And Military Tactics: What’S The Conflict?, Stacey Cotton, Peter Kraska, James A. Pikl

Working in the Public Interest Conferences

Local law enforcement is a critical community service, and the expense of maintaining a modern and effective police force can be substantial in relation to local resources. At the same time, military equipment, SWAT teams, and aggressive search and seizure tactics have been called into question by the recurring loss of innocent life and Fourth Amendment concerns attendant to the use of overwhelming force. This panel will consider the funding mechanisms available to police and sheriff departments for equipment and capital investments, the incentives these revenues create, and the conflicts between community trust and the atmosphere of counter-insurgency which military …

Poverty In Suburbia: Are The Poor Out Of Reach?, Ellen Dunham-Jones, Dolly Jenkins-Mullen, Dwight Mullen, Benjamin Roth

Working in the Public Interest Conferences

The story of suburbs in America sweeps in much of this country’s modern history of sprawling land use and the self-segregation of affluent and middle class commuter communities. This panel will explore the current state of the suburbs and ask whether the infrastructure that supports a commuter economy is compatible with changing demographics. Who lives in the suburbs, and who speaks for them in local government? Are the children of lower income communities further disadvantaged in terms of income mobility by virtue of living in the suburbs? What problems arise when affordable housing is located in areas with poor public …

Brown V. Plata: The Struggle To Harmonize Human Dignity With The Constitution, Benjamin F. Krolikowski

Pace Law Review

In Plata, the Supreme Court, in an opinion authored by Justice Anthony Kennedy, held that prisoners alleging conditions of confinement claims retain some degree of human dignity despite their lawful incarceration. Accordingly, federal courts must enforce the constitutional rights of prisoners when they are violated, even if this culminates in the release of some individuals from captivity. This is in stark contrast to previous cases where the federal courts have simply deferred to the judgment of prison administrators. Plata emphatically affirms the judiciary’s role in protecting prisoners’ rights, noting that court inaction in the face of ongoing and persistent constitutional …

Caught In The Cross-Fire: The Psychological And Emotional Impact Of The Individuals With Disabilities Education Act (Idea) Upon Teachers Of Children With Disabilities, A Therapeutic Jurisprudence Analysis, Richard Peterson

Pace Law Review

The shortage of special education teachers in the United States, and the adverse consequences flowing from factors related to this condition provide a unique opportunity for scholars to study these issues through interdisciplinary research. Educational scholars have typically focused their research on educational practice and institutional policy. Although this scholarship frequently acknowledges the statutory and regulatory foundations of the IDEA, the literature does not generally adopt a legal framework for research purposes. This is not a criticism of educational scholars. It is merely an observation that opportunities exist to study special education teacher issues in a broader context. This Article …

Voting Rights Act Panel, Kareem Crayton, Brian Kemp, Tomas Lopez

Working in the Public Interest Conferences

Section V of the Voting Rights Act (VRA) required covered jurisdictions to obtain “preclearance” before making changes to voting laws. In Shelby County v. Holder, the Supreme Court held that the formula determining which jurisdictions were covered by Section V was unconstitutional. Following Shelby County, states previously covered by Section V began proposing changes to election laws. If those laws are in fact discriminatory they must now be challenged under Section II of the VRA, which places the burden on plaintiffs to show racial discrimination. This panel will provide an update on proposed and enacted election law changes being made …

The Forum (Volume 43, Number 6), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Outlining A Crisis Management Plan For A Community: Crisis Planning In Michigan, Nicholaus Erber

Michigan Journal of Counseling: Research, Theory and Practice

During a crisis, the environment is often chaotic and unpredictable, added to the already devastated people and systems suffering the crisis. Order and structure can provide a sense of safety and moving forward after a crisis for everyone involved in the recovery effort. Counselors utilize crisis intervention models combined with evidence-based counseling practices to implement re-covery strategies for individuals, families, and communities on several scales.

Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John R. Hermann

Political Science Faculty Research

The Warren Court went to great lengths to expand criminal defendants' rights, and in doing so it frequently relied on state majoritarian institutions' policies or international norms to accomplish its goals. The Court and justices were almost twice as likely to use state laws than international policies in their reasoning. The Court was also almost two-and-a-half times more likely to use state or international policies in its rationale when deciding in favor of the criminal defendant in relation to the state's interest.

Women As Expert Witnesses: A Review Of The Literature, Tess M. S. Neal

University of Nebraska Public Policy Center: Publications

This review of women’s participation in the legal system as expert witnesses examines the empirical literature on the perceived credibility and persuasiveness of women compared with men experts. The effects of expert gender are complex and sometimes depend on the circumstances of the case. Some studies find no differences, some find favorable effects for women and others for men, and still others find that expert gender interacts with other circumstances of the case. The findings are interpreted through social role theory and the role incongruity theory of prejudice. Future directions for research are identified and implications are considered for attorneys …

The Cross Examiner, Seton Hall University School Of Law

Newspapers

No abstract provided.

The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva

Brigham Young University Journal of Public Law

A little over a century after the creation of the first juvenile court in America, the states and the federal government continue to try to find an effective and practical solution to juvenile delinquency. Beginning with the “Best Interest of the Child Standard” in 1899, juvenile justice policy has evolved into a mixed bag of philosophies. State statutes littered with “Best Interest” rhetoric, have interestingly resulted in state policies that are retributive in nature and disproportionately affect minority communities. The disconnect between theory and practice is the product of decades of socio-political influence on juvenile justice policy as well as …

Prism #78, March 2014, Office Of The Provost

Prism: Western Michigan University's Newsletter for Academic Affairs

No abstract provided.

Mental Health In Mississippi: Analysis And Recommendations, Harvard Law School Mississippi Delta Project

Delta Directions: Publications

Thousands of Mississippians struggle with some type of mental illness, and their experiences illustrate that mental health is more than just a medical issue. Mental health has a profound impact on Mississippi’s economy and overall standard of living; it is deeply connected to education, unemployment rates, crime, drug use, and public assistance. Given the far-­‐reaching impact of mental health, it is important that all stakeholders (e.g., mental health professionals, state legislators, local policymakers, educators, attorneys), have access to detailed information about the current state of Mississippi’s mental health system as well as an in-­‐depth analysis of the system’s most pressing …

Catalog Addendum Spring 2014, Kingsborough Community College

Course Catalogs

No abstract provided.

Chhs March/April 2014 E-Newsletter, Dr. John Bonaguro, Dean, Vashon S. Wells, Editor, Wku College Of Health & Human Services

College of Health & Human Services Publications

No abstract provided.

Resisting Rulemaking: Challenging The Montana Settlement's Title Ix Sexual Harassment Blueprint, Katie Jo Baumgardner

Notre Dame Law Review

Every university and college across the nation—with the exception of three—accepts federal financial assistance. Consequently, in the world of higher education, the impact of administrative regulation and compliance that accompanies federal funding cannot be overstated. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance. The text of Title IX states that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program …

We Are The Hsus

Serial - All Animals 2009-15

Wildlife advocate Michelle McDonald

Dayton Lawyer, Spring 2014, University Of Dayton

Dayton Lawyer

No abstract provided.

2014 Peggy Jean Connor Award Winners, Csrw

Peggy Jean Connor Research Award

No abstract provided.

Ntid Focus Spring 2014, Ntid Marketing And Communications

National Technical Institute for the Deaf Papers

No abstract provided.

The Undersigned Attorney Hereby Certifies: Ensuring Reasonable Caseloads For Washington Defenders And Clients, Andrea Woods

Washington Law Review

The Standards governing Washington’s public defenders represent a significant reform aimed at protecting an important constitutional right for our state’s vulnerable citizens. This Comment provides the necessary introduction to the Standards and addresses skepticism on the part of current practitioners and elected officials. Cooperation among defense attorneys, local governments, and the courts could ensure the Standards’ success and—in turn—a better system of public defense for attorneys and defendants alike. Part I of this Comment introduces the reader to the new Standards. Part II offers an overview of common critiques of the Washington State Supreme Court Standards that were voiced by …

Dickinson Law Review

Dickinson Law Review (1908-2003)

No abstract provided.

Journal Of Sociology & Social Welfare Vol. 41, No. 1 (March 2014)

The Journal of Sociology & Social Welfare

Table of Contents

• PATHOLOGIES OF THE POOR: WHAT DO THE WAR ON DRUGS AND WELFARE REFORM HAVE IN COMMON? - Kalynn Amundson, Anna M. Zajicek, and Valerie H. Hunt
• GENDER DIFFERENCES IN SELF-EMPLOYMENT OF OLDER WORKERS IN THE UNITED STATES AND NEW ZEALAND - Angela L. Curl, Deanna L. Sharpe, and Jack Noone
• INSTITUTIONALIZATION OF CHILDREN IN THE CZECH REPUBLIC: A CASE OF PATH DEPENDENCY - Victoria Schmidt and Jo Daugherty Bailey
• THE FIRST FAITH-BASED MOVEMENT: THE RELIGIOUS ROOTS OF SOCIAL PROGRESSIVISM IN AMERICA (1880-1912) IN HISTORICAL PERSPECTIVE - Steven Stritt
• MASS SHOOTINGS AND MENTAL HEALTH POLICY - Jessica Rosenberg …

Habeas And The Roberts Court, Aziz Z. Huq

University of Chicago Law Review

Postconviction habeas comprises about 7 percent of federal district courts' dockets and between 8 and 20 percent of Supreme Court certiorari work. Scholars of all stripes condemn habeas as an empty "charade" lacking "coherent form." They consequently urge root-and-branch transformation. Resisting that consensus, this Article first advances a descriptive hypothesis: The Roberts Court's habeas jurisprudence is more internally coherent than generally believed—even if its internal logic has to date escaped substantial scholarly scrutiny. That jurisprudence is an instrument for sorting at the front end of litigation between cases warranting either less or more judicial attention. This account suggests that the …

Child Sex Abuse Within The Family In Sub-Saharan Africa: Challenges And Change In Current Legal And Mental Health Responses, Cynthia Grant Bowman, Elizabeth Brundige

Cornell International Law Journal

No abstract provided.

Gang Definitions, How Do They Work?: What The Juggalos Teach Us About The Inadequacy Of Current Anti-Gang Law, Zachariah D. Fudge

Marquette Law Review

Precisely what constitutes a gang has been a hotly contested academic issue for a century. Recently, this problem has ceased to be purely academic and has developed urgent, real-world consequences. Almost every state and the federal government has enacted anti-gang laws in the past several decades. These anti-gang statutes must define ‘gang’ in order to direct police suppression efforts and to criminally punish gang members or associates. These statutory gang definitions are all too often vague and overbroad, as the example of the Juggalos demonstrates. The Juggalos are the fans of Insane Clown Posse, and have been declared a gang …

Race, Poverty, And The Traffic Ticket Cycle Exploring The Situational Context Of The Application Of Police Discretion, Wendy C. Regoeczi, Stephanie L. Kent

Sociology & Criminology Faculty Publications

Purpose – Through systematic observation of police decision-making behavior, the aim of this paper is to investigate what factors differentiate between citizens who receive a warning vs a ticket from police and whether the influence of those factors varies by race. The paper also explores the context of those decisions for both blacks and whites to further the understanding of the underlying mechanisms of any observed differences in the likelihood of receiving a ticket vs a warning. Design/methodology/approach – Data were collected during police ridealongs conducted in a sample of cities within Cuyahoga County, Ohio. A total of 140 ridealongs …

Suspects Beware: Silence In Response To Police Questioning Could Prove As Fatal As A Confession, Larissa L. Ollivierre

Mercer Law Review

The Fifth Amendment to the United States Constitution' provides that "[nlo person shall be . . . compelled in any criminal case to be a witness against himself."' The Fifth Amendment guarantees a right against government-compelled self-incrimination. A person may invoke the right against self-incrimination when he believes he is being forced by a government official to implicate himself in any crime, and his belief is reasonable considering his situation. If his belief is reasonable, he is not required to answer the incriminating question, and he cannot be punished for refusing to answer.

The right to remain silent, as declared …

Scholarworks Statistics - March 2014, Scholarworks

ScholarWorks Reports

For the month of March 2014, ScholarWorks recorded a total of 32,163 full-text downloads and 10,331 page views.

When Women Kill Newborns: The Rhetoric Of Vulnerability, Susan Ayres

Faculty Scholarship

This chapter explores feminist jurisprudence regarding women who commit acts of violence, focusing specifically on questions of agency in neonaticide (killing a newborn). A case study approach illustrates the debate in feminist theory between same-treatment and different-treatment of women as compared to men. While some feminist criminologists urge that women who kill must be viewed the same as men (as having agency and responsibility), other feminists question this approach and point out that women who commit crimes that intersect with family law receive disproportionately harsh treatment and should be treated differently than men.

This chapter contends that the paradox raised …