Digital Commons Network^™

Multidisciplinary Response To Youth With Sexual Behavior Problems, Amy Russell

William Mitchell Law Review

No abstract provided.

Asfa In The Age Of Mass Incarceration: Go To Prison—Lose Your Child, Jean C. Lawrence

William Mitchell Law Review

No abstract provided.

Permanency Best Practices For Minnesota's Foster Care Youth, Anne Tyler Gueinzius, Julia Hillel

William Mitchell Law Review

No abstract provided.

Driving Privilege Cards For Undocumented Minnesotans: Addressing Constitutional Concerns And Promoting Public Safety, Lindsey R. Wheeler

William Mitchell Law Review

No abstract provided.

Educating Early Christians Through The Rhetoric Of Hell: 'Weeping And Gnashing Of Teeth' As 'Paideia' In Matthew And The Early Church, Meghan Henning

Theology and Religious Studies Faculty Publications

Meghan Henning explores the rhetorical function of the early Christian concept of hell, drawing connections to Greek and Roman systems of education, and examining texts from the Hebrew Bible, Greek and Latin literature, the New Testament, early Christian apocalypses and patristic authors.

This work is a revised version of the author's Ph.D. dissertation, which was successfully defended at Emory University in 2013. It is included in the series Wissenschaftliche Untersuchungen zum Neuen Testament II.

She writes, "Now that this work is finished, I am delighted to have the opportunity to thank those who have generously traveled with me on this …

Table Of Contents, California Western International Law Review

California Western International Law Journal

No abstract provided.

Stepping Up The Mérida Initiative: Community Policing As A Foundation For Building Resilient Communities And Reforming The Rule Of Law In Mexico, Rosa Acevedo

California Western International Law Journal

No abstract provided.

The Folly Of Expecting Evil: Reconsidering The Bar's Character And Fitness Requirements, Leslie Levin

Faculty Articles and Papers

The bar's character and fitness requirement is based on the largely untested premise that an applicant's past history helps predict whether that individual possesses the moral character needed to be a trustworthy lawyer. The primary purpose of the character inquiry is to protect the public and the judicial system from potentially problematic lawyers.The inquiry may also signal to the public that lawyers possess "good character" and deserve to be trusted with their important legal matters, thereby facilitating client representation and the administration of justice. An alternative-and more critical characterization of this purpose is that it is designed to protect the …

Retroactivity And Prospectivity Of Judgments In American Law, Richard Kay

Faculty Articles and Papers

In every American jurisdiction, new rules of law announced by a court are presumed to have retrospective effect — that is, they are presumed to apply to events occurring before the date of judgment. There are, however, exceptions in certain cases where a court believes that such application of the new rule will upset serious and reasonable reliance on the prior state of the law. This essay, a substantially abridged version of the United States Report on the subject, submitted at the Nineteenth International Congress of Comparative Law, summarizes these exceptional cases. It shows that the proper occasions for issuing …

The Problem With Neurolaw, David W. Opderbeck

Saint Louis University Law Journal

This Article describes and critiques the increasingly popular program of reductive neuroLaw. Law has irrevocably entered the age of neuroscience. Various institutes and conferences are devoted to questions about the relation between neuroscience and legal procedures and doctrines. Most of the new “neuroLaw” scholarship focuses on evidentiary and related issues, and is important and beneficial. But some versions of reductive neuroLaw are frightening. Although they claim to liberate us from false conceptions of ourselves and to open new spaces for more scientific applications of the law, they end up stripping away all notions of “selves” and of “law.” This Article …

Apprendi-Land Opens Its Borders: Will The Supreme Court’S Decision In Southern Union Co. V. United States Extend Apprendi’S Reach To Restitution?, James M. Bertucci

Saint Louis University Law Journal

No abstract provided.

The Prosecutor’S Contribution To Wrongful Convictions, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

A prosecutor is viewed by the public as a powerful law enforcement official whose responsibility is to convict guilty people of crimes. But not everybody understands that a prosecutor’s function is not only to win convictions of law-breakers. A prosecutor is a quasi-judicial official who has a duty to promote justice to the entire community, including those people charged with crimes. Indeed, an overriding function of a prosecutor is to ensure that innocent people not get convicted and punished.

A prosecutor is constitutionally and ethically mandated to promote justice. The prosecutor is even considered a "Minister of Justice" who has …

Board Of Regents Meeting Materials, December 5, 2014, Eastern Michigan University

Board of Regents Meeting Materials

No abstract provided.

Board Of Regents Meeting Materials, October 7, 2014, Eastern Michigan University

Board of Regents Meeting Materials

No abstract provided.

Doctrinal Conversation: Justice Kagan's Supreme Court Opinions, Laura K. Ray

Indiana Law Journal

In her first two terms on the Supreme Court, Justice Elena Kagan has crafted a distinctive judicial voice that speaks to her readers in a remarkably conversational tone. She employs a variety of rhetorical devices: invocations to “remember” or “pretend”; informal and even colloquial diction; a diverse assortment of similes and metaphors; and parenthetical interjections that guide the reader’s response. These strategies engage the reader in much the same way that Kagan as law professor may well have worked to engage her students, and in the context of judicial opinions they serve several purposes. They make Kagan’s opinions accessible to …

Help Me, I'M Drowning! Using The Fair Housing Act To Protect Cities That Use Eminent Domain To Seize Underwater Mortgages, Emily D. Anderson

Texas A&M Journal of Property Law

This Note will demonstrate that the FHA and ECOA prohibit implementation of lenders’ threats to limit or refuse credit availability because the result would have a disproportionate effect on minorities. This Note will examine the legality of the lenders’ threats to withhold credit and, in doing so, presumes that courts will find this novel use of eminent domain constitutional. First, Part II will discuss the current situation. Section IIA will explain eminent domain and explore precisely how cities hope to use it in the mortgage note context. Section IIB will describe the growth of this plan and the cities that …

Identifying Appropriate Sanctions For Youth Sexual Behavior: The Impact Of Age, Gender, And Sexual Orientation, Erin B. Comartin, Poco D. Kernsmith, Roger M. Kernsmith

Social Work Faculty Publications

Although statutory rape laws were initially developed to protect youth from coercion by adults, youth are sometimes also prosecuted under these laws. This article investigates public attitudes regarding sanctions for youth engaging in sexual behaviors with peers. Hierarchical linear modeling was used to determine if age and gender of the offending youth, and sexual orientation of the relationship,has an impact on the public's level of agreement for sanctioning youth for three types of sexual behavior: intercourse, oral sex, or touching. The study participants (N= 757) were drawn from the general population of adult Michigan residents; the sample was racially representative …

(Ad)Ministering Justice: A Prosecutor's Ethical Duty To Support Sentencing Reform, Michael Cassidy

Loyola University Chicago Law Journal

This Article stakes out an ethical argument in favor of prosecutorial leadership on sentencing reform. Prosecutors have a duty as “ministers of justice” to go beyond seeking appropriate conviction and punishment in individual cases, and to think about the delivery of criminal justice on a systemic level―promoting criminal justice policies that further broader societal ends. While other authors have explored the tensions between a prosecutor’s adversarial duties and “minister of justice” role in the context of specific litigation, few have explored what it means to be an “administer” of justice in the wider political arena. The author sets forth a …

Improving Hipaa Enforcement And Protecting Patient Privacy In A Digital Healthcare Environment, Roger Hsieh

Loyola University Chicago Law Journal

Electronic medical records (“EMRs”) have helped healthcare organizations improve patient care, but EMRs are susceptible to exposing the confidentiality of patients’ medical records to identity thieves and members of the general public. The federal enforcement of patient privacy law—notably the Health Insurance Portability and Accountability Act (“HIPAA”), which was designed to deter and punish breaches of patient privacy—has failed to keep pace with new privacy risks posed by healthcare technology. Although federal legislation now allows state Attorneys General to file suit under HIPAA, for reasons explained in this Article, they too will not enforce HIPAA effectively. Because institutional enforcement of …

In Defense Of The Finality Of Criminal Sentences On Collateral Review, Ryan W. Scott

Articles by Maurer Faculty

No abstract provided.

Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, Angela Mae Kupenda

Journal Articles

Through lessons learned from LatCrit 2013, this essay is hoping to evoke the missing sentiment of understanding and equality by signifying that the south that will rise again will be a south that is transformed, as Dr. Martin Luther King said “into an oasis of freedom and justice,” by moving out of its fears of understanding and moving to a far greater level of cross-cultural understanding.

On The Receiving End Of Influence: Helping Craft The Scholarship Of My Students And How Their Work Influences Me, Angela Mae Kupenda

Journal Articles

My essay is divided into two parts. In part one I share about the struggle I had to endure to even allow myself the opportunity to be influenced by my students. Institutional struggles and professorial expectations as to how the academy should operate were hurdles I had to clear. Also, I had personal hurdles of making the commitment that I did for over five years. In part two, I primarily focus on some of my law students’ scholarship over the past five years and reflect on the life changing influence they have had on me. Their work and dedication have …

Sex Crimes Litigation As Hazardous Duty: Practical Tools For Trauma-Exposed Prosecutors, Defense Counsel, And Paralegals, Evan R. Seamone

Journal Articles

Military prosecutors and defense attorneys must both interact with traumatic case material stemming from victims, offenders, or evidence tied to a sexual offense. The context of the attorney's specific duties makes them susceptible to different types of indirect or "Secondary Traumatic Stress" [STS] stemming from the litigation. At base, STS generically describes the manner in which a person can be traumatized simply from hearing or being exposed to someone else's trauma or implementations that caused it.

Incarceration's Incapacitative Shortcomings, Kevin Bennardo

Faculty Publications

No abstract provided.

The Hanging Judge By Michael A. Ponsor––Capital Punishment: Is The Death Penalty Worth The Price?, Beth D. Cohen, Pat K. Newcombe

Cleveland State Law Review

No abstract provided.

Why We Need A Comprehensive Recording Fraud Registry, Randall K. Johnson

Faculty Works

This essay argues for a modest expansion of the Nationwide Mortgage Licensing System and Registry (NMLS). It does so, initially, by explaining why this online registry limits one type of recording fraud. The essay later describes how the NMLS could detect, and deter, more recording fraud. Lastly, it deals with concerns about a Comprehensive Recording Fraud Registry.

Limiting Criminal Law’S “In For A Penny, In For A Pound” Doctrine, Wesley M. Oliver

Law Faculty Publications

The Supreme Court took two cases this Term involving doctrines of criminal law typically dealt with by state courts, and in each of them, it limited criminal liability for harms not attributable to a defendant’s culpability.

Although the Court interprets federal criminal statutes with some frequency, it rarely considers provisions of statutes that would provide persuasive authority for the interpretation of state criminal codes—at least not the most used provisions of state criminal codes. Unlike state criminal laws, federal criminal laws have jurisdictional requirements and generally have more complex components. It is typically these unique aspects of federal criminal laws …

Organ Transplants For Prisoners: The Incompatibility Of Incarceration And Health Care, Sameer Singh

Student Works

No abstract provided.

Police Ethnicity And Anomie: Exploring Organizational Adaptation Strategies Among African American Police Officers In Relation To A Socially Constructed Double Consciousness, Warren V. Dukes

Dissertations

The emergence of African American police officers derived from consequences of urban unrests during the 1960' s as a probable resolution to frayed police-community relations in predominately African American communities. African American representativeness in policing was theorized to progress a racially charged police culture that was permeating the police profession. Yet, recent media reports of police involved homicides in Staten Island, New York, Ferguson, Missouri, and Glendale, Arizona have evidenced shortcomings of African American representativeness in shaping police cultures. Since African American police representativeness has come short of its objective of affecting police cultures, what has been the impact of …

"Continually Reminded Of Their Inferior Position": Social Dominance, Implicit Bias, Criminality, And Race, Darren Lenard Hutchinson

UF Law Faculty Publications

This Article contends that implicit bias theory has improved contemporary understanding of the dynamics of individual bias. Implicit bias research has also helped to explain the persistent racial disparities in many areas of public policy, including criminal law and enforcement. Implicit bias theory, however, does not provide the foundation for a comprehensive analysis of racial inequality. Even if implicit racial biases exist pervasively, these biases alone do not explain broad societal tolerance of vast racial inequality. Instead, as social dominance theorists have found, a strong desire among powerful classes to preserve the benefits they receive from stratification leads to collective …