Digital Commons Network^™

Mercenary Criminal Justice, Wayne A. Logan

Scholarly Publications

To some degree, money has always figured in criminal justice. Early on, private enforcers of the criminal law received payments for their work. Remuneration played a less explicit but still prominent role in the nineteenth and twentieth centuries as public actors carried out the work of criminal justice. Today, amid significant budget pressures brought on by the Great Recession and the costs of running the nation’s massive criminal justice apparatus, courts and other system actors rely heavily on a growing number of legal financial obligations (“LFOs”) as revenue sources. When this happens, courts and other system actors become mercenaries, in …

General And Special Education Teachers' Perspectives Of Full Membership For Students With Disabilities, Pamela S. Morgan

Doctoral Dissertations

The idea of full membership (FM) for students with disabilities (SWD) originated with the 1975 Education for all Handicapped Children Act which required equal educational access for these students. Full membership has evolved from mainstreaming to focusing on acceptance and belonging in a school community where all stakeholders have a voice and the culture is reflective of these values and beliefs. Despite American public education policy, there appears to be minimal progress for SWD in gaining FM. This phenomenological qualitative study was conducted to gain insight into the perceptions and lived experiences of teachers. Comparing two high schools in the …

Asking The Scary Question: What Is The Correct Understanding Of "Interrogation" Under Rhode Island V. Innis?, Kyle C. Welch

California Western Law Review

No abstract provided.

Graduate Record 2014: Dawg Nation, Southwestern Oklahoma State University

SWOSU Yearbooks

The 2014 Graduate Record was designed by SWOSU students of the Specialized Publications Class in the Communications Department.

Whether The Special Tribunal For Lebanon Is Properly Considered To Be More A Civil Law Institution Or A Common Law Institution., Estefanía Sixto Seijas

War Crimes Memoranda

No abstract provided.

A Private Sector Solution To A Public Problem, Chris Molina

UC Law Constitutional Quarterly

Over two centuries after the Bill of Rights was enacted, the Supreme Court finally resolved the controversy surrounding the meaning of the Second Amendment in the landmark case, District of Columbia v. Heller. Specifically, the Court held that the Second Amendment protected an individual's right to possess a firearm for traditionally lawful purposes, such as self-defense within the home. In reaching this decision, the Court determined that the Amendment's prefatory clause, "A well regulated Militia, being necessary to the security of a free State," did not limit the scope of the right to bear arms for militia purposes. Although the …

In Re C.P.: The Ohio Supreme Court's Expansion Of Roper V. Simmons And Graham V. Florida To The Realm Of Juvenile Sex Offender Registration, Ben Blumenthal

UC Law Constitutional Quarterly

In the landmark 2012 Ohio Supreme Court case In re C.P., the court held the statute mandating a minor's automatic lifetime registration as a sex offender constituted cruel and unusual punishment in violation of the Eight Amendment and Ohio's own constitutional prohibition against cruel and unusual punishment. Additionally, the court found automatic registration ran afoul of the Fourteenth Amendment's Due Process Clause.

In re C.P. raises several critical questions. Chief amongst them is whether categorical principles enunciated in Roper v. Simmons and Graham v. Florida should even apply to juvenile sex-offender registration schemes. This question is highly relevant because an …

The U.S. Supreme Court's Failure To Fix Plea Bargaining: The Impact Of Lafler And Frye, Cynthia Alkon

UC Law Constitutional Quarterly

Virtually every criminal conviction in the United States is the result of a guilty plea, not a jury trial. Yet it was not until 2012, in the companion cases of Lafler v. Cooper and Missouri v. Frye, that the U.S. Supreme Court recognized a defendant's constitutional right to effective assistance of counsel during plea bargaining. Legal commentators suggested that these cases were "the single greatest revolution in the criminal justice process since Gideon v. Wainwright." But will things really improve for defendants in the wake of Lafler and Frye? The simple answer is: "No." Lafler and Frye will not bring …

The New Jim Crow - Recovering The Progressive Origins Of Mass Incarceration, Anders Walker

UC Law Constitutional Quarterly

This Article revisits the claim that mass incarceration constitutes a new form of racial segregation, or Jim Crow. Drawing from historical sources, it demonstrates that proponents of the analogy miss an important commonality between the "new" and "old" Jim Crows, namely the debt that each owe to progressive and/or liberal politics. In a manner that scholars like Michelle Alexander forget, both racial segregation and mass incarceration owe their existence in part to discourses of reform aimed at promoting black interests, albeit with perverse results. Recognizing the aspirational origins of such systems helps to better explain how they came into being, …

“Deep Interdisciplinarity” As Critical Pedagogy: Teaching At The Intersections Of Urban Communication And Public Place And Space, Erin Daina Mcclellan, Amanda G. Johnson

Communication Faculty Publications and Presentations

Interdisciplinary is a word that has been picked up by institutions of higher education, research foundations, and even popular culture as a way to articulate the need to move beyond the traditional disciplinary boundaries within which we categorize knowledge about the world. While disciplinary silos in higher education often reflect structures within which teaching and learning are engaged, we contend that critical pedagogy provides an opportunity for innovative thinking and creativity to emerge via Giroux’s (1981) critical notion of praxis. We discuss how Penny’s (2009) notion of deep interdisciplinarity can serve to guide course development in a way that enables …

Becoming Basque: Ethnic Heritage On Boise's Grove Street, John Bieter (Editor), Dave Lachiondo (Editor), John Ysursa (Editor), Larry Burke (Editor), Patty A. Miller (Editor), Todd Shallat (Editor)

Faculty & Staff Authored Books

Becoming Basque tells the richly historical story of Boise's most ethnic streetscape. Centered on the Basque Block of Grove Street, where a sapling from the Tree of Gemika shades a world-renowned cultural center, the book is the fifth in an annual series on trends that shape metropolitan growth.

Housing Community Violators In Prison: The Impact On Prison Culture, Catherine Kopoian

Master of Arts in Criminal Justice Theses

In April 2007, the Washington State Department of Corrections initiated a new policy mandating that offenders who violated the conditions of their supervision would serve their full custody sanction in either a state correctional facility or a county jail. This study will focus on the offenders and the violators housed at the Monroe Correctional Complex’s Minimum Security Unit in Monroe Washington. This research will examine the social and cultural effects of housing short time violators who are commonly housed in a jail setting with imprisoned offenders’ environment designed for long-term incarceration. Implications for prison administration, correctional staff, prisons, and released …

Faith And Martyrdom: The Tragedy Of Aaron Swartz, Austin C. Murnane

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Lilac: Planted At Cuny Ten Years Ago And Still Blooming, Galina Letnikova

Publications and Research

CUNY’s Library Information Literacy Advisory Committee (LILAC) will celebrate its tenth anniversary in February 2015. A decade ago twenty librarians from all CUNY libraries came together to review the mission of a new professional committee and establish its charge. Since then the committee members have been working hard and have succeeded in integrating information literacy across the City University curriculum. They have been creating information literacy tutorials and assessment tools, providing support to all CUNY librarians by coordinating and running professional development meetings, seminars, and conferences. This CUNY-wide professional organization, its structure, achievements, and ongoing work deserve to serve as …

Parallel Justice: Creating Causes Of Action For Mandatory Mediation, Marie A. Failinger

University of Michigan Journal of Law Reform

The American common law system should adopt court-connected mandatory mediation as a parallel system of justice for some cases that are currently not justiciable, such as wrongs caused by constitutionally protected behavior. As evidence that such a system is practical, this Article describes systemic and ethical parallels between court-connected mediation and the rise of the equity courts in medieval England, demonstrating that there are no insurmountable practical objections to the creation of “mediation-only” causes of action. The Article then explores the constitutional concerns surrounding the idea of “mandatory mediation-only” causes of action, using constitutional hate speech and invasion of privacy …

Bio Family 2.0: Can The American Child Welfare System Finally Find Permanency For 'Legal Orphans' With A Statute To Reinstate Parental Rights?, Meredith L. Schalick

University of Michigan Journal of Law Reform

The American child welfare system terminates parental rights for thousands of children each year even though adoptive families have not yet been identified for the children. Every year, there are more than 100,000 of these “legal orphans” waiting for new families. Given the lower rates of adoptions for children of color and older children, and the poor outcomes for most youth who age out of the foster care system, the American child welfare system must start to think differently about permanency options for children. This Article proposes a model statutory provision to reinstate parental rights under certain circumstances to give …

An International Law Response To Economic Cyber Espionage, Christina Parajon Skinner

Connecticut Law Review

Cyber threats have emerged as one of the most serious dangers to U.S. and global security. Increasingly, malicious actors—some private, but others that appear to be state-sponsored—seek to advance their strategic aims through violent or non-violent cyber-attacks. This Article considers the problem of non-violent, yet still destructive, economic cyber espionage, which targets the intellectual, industrial, and information property of major global powers like the United States. The Article argues that the international community’s reticence is owing to a stale set of international legal norms. The Article explains how existing principles of international law—such as state sovereignty, non-intervention, and state responsibility—should …

The Ineludible (Constitutional) Politics Of Guns Symposium Article, J. Richard Broughton

Connecticut Law Review

The murders at Newtown intensified the American political debate about guns—a debate that often fits within the framework of a larger national conversation about violent crime and the political approaches to addressing it. Yet the gun control debate has resulted in a strange but fascinating intersection of law and politics, particularly law and politics of the constitutional sort, when we consider where the historical political battle lines have been drawn on matters of crime and punishment. This Article explores that intersection, giving special attention to the law and politics of federalism as reflected in the narrative concerning the “overfederalization” of …

Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte

Journal of Business & Technology Law

No abstract provided.

Suppressing Evidence In Immigration Proceedings: The Need For A Lenient Egregiousness Standard And Rebellious Lawyering, Mikaela A. Devine

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Treating The Disease Or Punishing The Criminal?: Effectively Using Drug Court Sanctions To Treat Substance Use Disorder And Decrease Criminal Conduct, Caitlinrose Fisher

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Recognition Of Civil Unions And Domestic Partnerships As Marriages In Same-Sex Marriage States, Inga Nelson

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Family Assimilation Demands And Sexual Minority Youth, Orly Rachmilovitz

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Substituted Compliance And Systemic Risk: How To Make A Global Market In Derivatives Regulation, Sean J. Griffith

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Entrapped: A Reconceptualization Of The Obedience To Orders Defense, Monu Bedi

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

The Incidental Regulation Of Policing, Seth W. Stoughton

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Clinging To The Common Law In An Age Of Statutes: Criminal Law In The States, Michael G. Heyman

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.

Winter Commencement, 2014, Marshall University

Marshall University Commencement

Program for the 2014 Winter Commencement of Marshall University.

2014 Spring Commencement, Georgia Southern University

Commencement Programs

No abstract provided.

Commencement Program (December 2014), Csusb

CSUSB Commencement Programs

No abstract provided.