Digital Commons Network^™

Juries And Social Media: Northwest Ohio's Response To This Phenomenon, Erica Lunderman

Honors Projects

The 21^st century is an era in which the dependence on technology is at an all-time high. The availability of information on social networking sites has recently sparked a debate in regards to jury impartiality. Over the last few years states such as Florida, Michigan, and New York have received scholastic attention for making changes to local jury instructions to ensure defendant’s rights of an impartial jury guaranteed by the Sixth Amendment. Federal national jury instructions addressing juror social media usage has also drawn attention. Little, however, scholastic attention has been directed towards Northwest Ohio. This project will look …

A Clustering Method To Identify Who Benefits Most From The Treatment Group In Clinical Trials, Beom S. Lee, Pranab K. Sen, Nan Park, Roger A. Boothroyd, Roger H. Peters, David A. Chiriboga

Mental Health Law & Policy Faculty Publications

In randomized controlled trials (RCTs), the most compelling need is to determine whether the treatment condition was more effective than control. However, it is generally recognized that not all participants in the treatment group of most clinical trials benefit equally. While subgroup analyses are often used to compare treatment effectiveness across pre-determined subgroups categorized by patient characteristics, methods to empirically identify naturally occurring clusters of persons who benefit most from the treatment group have rarely been implemented. This article provides a modeling framework to accomplish this important task. Utilizing information about individuals from the treatment group who had poor outcomes, …

Putting A Band-Aid On A Bullet Wound: Why Gun Legislation Targeting Individuals With Mental Illness Isn’T Working, Lindsay Bramble

Journal of Health Care Law and Policy

No abstract provided.

Correlational Analysis Of Oregon Juvenile Justice Data, Portland State University. Hatfield School Of Government. Center For Public Service, Masami Nishishiba, Stephanie Hawke, Phil Keisling

Center for Public Service Publications and Reports

In July 2014, the Center for Public Service (CPS) at Portland State University undertook a project commissioned by the Clackamas County District Attorney’s Office to conduct a preliminary analysis of data related to Oregon’s juvenile justice system. The statistical analysis focused on identifying possible correlations between indicators of juvenile justice interventions and public safety outcomes within Oregon counties. Results indicated a handful of significant correlations. Generally, across counties and variables, higher levels of intervention correlated significantly with higher levels of public safety outcomes and higher levels of non-intervention correlated significantly with lower levels of public safety outcomes. Within both the …

Educating For A Changing World: The Importance Of An Equity Mindset, Judith A. Ramaley

Public Administration Faculty Publications and Presentations

Our nation's colleges and universities are being asked to play demanding roles in creating the capacity for active and engaged collaboration and collective action to address complex challenges that are shaping the world we live in. An essential ingredient of any effort to build healthy communities for any purpose, including education, is the cultivation of equity and inclusion. In this article, we discuss what these terms mean in practice and how to draw upon the talents and experiences of all the members of a diverse community in order to understand and address the pressing social, cultural, economic, and environmental challenges …

Teacher Assessments Of Positive Behavior Support In School, Terrie Davis Phillips

Walden Dissertations and Doctoral Studies

Students are often removed from classrooms due to behavioral concerns, which has led to an increase in student drop-out rates. Positive behavior support (PBS), a proactive approach to student discipline, was implemented at a local school in order to address the influx of students being sent to the office. Constructivism was the framework for this mixed method study on teachers' assessments of the current behavior support approach in their school and teachers' perceptions of school-wide PBS training and implementation. Data from the Effective Behavior Support (EBS) Survey were used in a descriptive statistical analysis of 162 teachers' assessments of behavior …

State V. Gonzales: Reinvigorating Criminal Joinder In New Mexico, Ryan C. Schotter

New Mexico Law Review

No abstract provided.

Sanctions Or Tort? A Review Of Ohio's Treatment Of Independent Causes Of Action For Spoliation Of Evidence, Justin J. Hawal

Cleveland State Law Review

The Note that follows will explore the different variations of independent torts for spoliation as well as various policy arguments used by supporters and critics of the torts. Specifically, Section II of this Note will explore the history behind the recognition of independent torts for spoliation. Section III will explain the traditional remedies courts have used to combat spoliation of evidence, and Section IV will detail the various forms of the spoliation tort. Section V of this paper will examine various policy arguments employed by supporters and detractors of the torts. Section VI will examine Ohio’s treatment of the various …

Talking Foreign Policy: A Roundtable On Piracy, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

Twenty-First-Century Problems -- Twentieth-Century International Law, Harold Hongju Koh

Case Western Reserve Journal of International Law

No abstract provided.

Threats And Bullying By Prosecutors, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Essay describes ten contexts in which prosecutors make threats and behave like bullies. Some of these contexts are familiar, such as grand jury proceedings or plea discussions, where threats are generally upheld. Threats in other contexts are not as easy to justify, such as threats to obtain testimony from prosecution witnesses, retaliating for the exercise of constitutional rights, forcing a waiver of civil rights claims, and publicly humiliating people. Other threats clearly are illegitimate and unethical, such as threats that drive defense witnesses off the stand, bringing criminal charges against outspoken critics and defense experts, and …

Mental Retardation And The Death Penalty: The Need For An International Standard Defining Mental Retardation, Allison Freedman

Northwestern Journal of Human Rights

No abstract provided.

Analysis Of The Efficacy Of Criminal Court Mediation As A Tool Of Restorative Justice, Teresa Hoerres

Capstone Collection

This capstone research paper aims to capture the personal narratives of how participants of criminal court mediation in Brooklyn, New York actual experience the program. The program, which is facilitated by New York Peace Institute, is a cornerstone of the organization’s restorative justice program. Restorative justice has been gaining traction over the last few decades, and its application to criminal matters as an alternative dispute resolution (ADR) service, is unprecedented.

The research was conducted using a mixed methodology approach, relying on the researcher’s ethnographic observations of the criminal court mediation program from August 2013 through March 2014, as well as …

Secrecy, Intimacy And Workable Rules, Miriam H. Baer

Faculty Scholarship

This Essay was written for the Yale Law Journal Forum’s symposium, The Early Jurisprudence of Justice Sotomayor. The Essay analyzes Justice Sotomayor’s already oft-discussed concurrence in United States v. Jones, which exemplifies her attempt to stake out a “middle ground” approach to Fourth Amendment debates over surveillance and technology, and foregrounds intimacy and common-sense rules as guiding principles.

The New Drug War Or The New Race War: Incarceration's Impact On Minority Children, Families, And Communities, Karen P. Lawrence

Department of Conflict Resolution Studies Theses and Dissertations

This non-experimental study examines the issues of over-representation of minorities in the criminal justice system due to drug-related incidences, race relations, and the impact such representation has on families, children, and communities. The exploration of the current criminal justice efforts against drugs is presented through a meta-analysis qualitative lens in an effort to disseminate the information on those arrested, sentenced, and subsequently incarcerated for various drug offenses. In an attempt to understand the encyclical racial disparities that promulgate the criminal justice system, the study relies on information from several key theorists to cement the discussions in the research. Qualitative data …

2014-2015 Lynn University Academic Catalog, Lynn University

Academic Catalogs

No abstract provided.

Federalism, Diversity, Equality, And Article Iii Judges: Geography, Identity, And Bias , Sharon E. Rush

Missouri Law Review

Each individual has a background, and that background shapes the individual's views about life, creating an inevitable form of bias referred to as "experiential bias." Experiential bias is shaped by many identity traits, including, among others, race, sex, sexual orientation, religion and even geography. The geographic identity of state judges and their potential unfair experiential bias is the common justification for federal court diversity jurisdiction. But experiential bias is inescapable, affecting everyone who's ever had an experience, and is generally not unfair, as demonstrated by most studies regarding the "fairness" justification for diversity jurisdiction. More recently, Justice O'Connor connected racial …

Review Of The Fukushima Dai-Ichi Accident. Peter Bernard Ladkin, Christoph Goeker, And Bernd Sieker (Eds.). Reviewed By Richard York, Richard F. York

The Journal of Sociology & Social Welfare

Peter Bernard Ladkin, Christoph Goeker, and Bernd Sieker (Eds.), The Fukushima Dai-Ichi Accident. Lit Verlag (2013). $59.95 (paperback), 291 pages.

Review Of The Divide: American Injustice In The Age Of The Wealth Gap. Matt Taibbi. Reviewed By Marguerite Rosenthal, Marguerite Rosenthal

The Journal of Sociology & Social Welfare

Matt Taibbi, The Divide: American Injustice in the Age of the Wealth Gap. Spiegel & Grau (2014). $27 (hardcover), $17 (paperback), 416 pages.

Book Review: American Jericho: A Book Review Of The Hanging Judge By Michael A. Ponsor, Giovanna Shay

Western New England Law Review

The Author reviews THE HANGING JUDGE, by Michael A. Ponsor, published by Massachusetts Continuing Legal Education, 2013. Ponsor provides a notable, fictionalized account of the federal criminal system. He uses an imagined death penalty trial to explore themes including issues of race, prosecutorial ambition, and harsh drug sentences. THE HANGING JUDGE’s textured depiction of the legal system makes it particularly appropriate for classroom discussion in courses such as Professional Responsibility and Criminal Procedure.

Restating Childhood, Susan Relich Appleton

Brooklyn Law Review

No abstract provided.

Liberty, Equality, And State Responsibilities: Review Of Corey Brettschneider's When The State Speaks, What Should It Say?, Robin West

Brooklyn Law Review

No abstract provided.

Cruel And Invisible Punishment: Redeeming The Counter-Majoritarian Eighth Amendment, Aliza Cover

Brooklyn Law Review

No abstract provided.

Discovery And Darkness: The Information Deficit In Criminal Disputes, Ion Meyn

Brooklyn Law Review

No abstract provided.

Shattering The One-Way Mirror: Discovery In Immigration Court, Geoffrey Heeren

Brooklyn Law Review

No abstract provided.

The Legal Politics Of The Article 16 Decision: The International Criminal Court, The Un Security Council And Ontologies Of A Contemporary Compromise, Kamari M. Clarke, Sarah-Jane Koulen

Peace, Justice & Human Rights Faculty Scholarship

No abstract provided.

“A Hidden Part Of Me”: Latino/A Students, Silencing, And The Epidermalization Of Inferiority, Jason G. Irizarry, John Raible

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Using Critical Race Theory (CRT) and Latino/a Critical Race Theory (LatCrit) as analytical tools, this article examines the experiences of a seven Latino/a high school students at various points of engagement with the school-to-prison pipeline. Building on and extending Franz Fanon’s (1952) concept of the epidermalization of inferiority, the authors demonstrate the nuanced ways that institutional racism and other interrelated forms of oppression function to contribute to a sense of internalized oppression among Latino/a youth. We critically examine the ways in which dialogue and collaborative research undertaken in a supportive classroom atmosphere can help students move from feeling shame and …

The Daily Gamecock, Friday, December 5, 2014, University Of South Carolina, Office Of Student Media

December

No abstract provided.

State Prisoners With Federal Claims In Federal Court: When Can A State Prisoner Overcome Procedural Default?, Megan Raker

Maryland Law Review

No abstract provided.

Barriers To Intervening Among Witnesses Of Intimate Partner Violence In Scotland, Amy Beth Davis

Public Health Theses

Background: Intimate partner violence (IPV) is a problem in many parts of the world, including Scotland. Bystander interventions can reduce the number and severity of episodes of IPV.

Objective: This study explored the potential barriers to intervening to stop intimate partner violence in Scotland.

Methods: This research is part of a larger study that used a mixed methods approach. Thirty-one people (14 males; an age range of 18-78 years) who participated in five focus groups (each comprising around six people) which were conducted in Alloa, Glasgow, and Kilmarnock, Scotland in July and August of 2013.

Results: Five key themes emerged …