Digital Commons Network^™

Settling International Business Disputes With China: Then And Now, Jerome A. Cohen

Faculty Articles

The article offers information on the significant history, laws and principal methods such as mediation, negotiation, arbitration, and adjudication for settling international business disputes with third parties in China under the international contract law. It analyzes the role of the Legal Department of the China Council for the Promotion of International Trade (CCPIT) and the International Chamber of Commerce in arbitration of international conflicts with foreign companies.

How Taiwan's Constitutional Court Reined In Police Power: Lessons For The People's Republic Of China, Margaret K. Lewis, Jerome A. Cohen

Faculty Articles

The article discusses the lessons that the People's Republic of China can reportedly learn from the Taiwan Constitutional Court's apparent reining in of Taiwanese police power as of May 2014, focusing on the structure of constitutional review in Taiwan and the legal regime for punishing "hooligans (liumang). The principle of legal clarity is addressed, along with a secret witness system and the legal right to confront and examine a witness. Taiwan's criminal procedure code is examined.

Ineffable Intuition And Unreasonable Suspicion: Our Rule Of Law Failure, John E. Sexton, Justin Sommerkamp, Justin Martin

Faculty Articles

The article focuses on issues surrounding searches, seizures and reasonable suspicion under the U.S rule of law. Topics discussed include the U.S Supreme Court Chief Justice Earl Warren's opinion in case Terry v. Ohio that addressed the Fourth Amendment prohibition on unreasonable searches and seizures, the Supreme Court's decision in case Whren v. United States that addressed traffic offense committed by a driver and the Fourth Amendment prohibition and the U.S Equal Protection Clause.

Finally, Actually Saying "No": A Call For Reform Of Gun Rights Legislation And Policies To Protect Domestic Violence Survivors, Claire Mcnamara

Seattle Journal for Social Justice

No abstract provided.

Critical Race Theory : A Lens For Viewing Racism In American Education Policy And School Funding, Susan A. Klupchak

Theses, Dissertations, and Projects

This thesis discusses Critical Race Theory (CRT) as a foundation to understand race and racism in the U.S. and provides a brief introduction to how components of CRT can be used as a conceptual framework to understand how educational inequity undergirds the No Child Left Behind (NCLB) and Race To The Top (RTTT) policies. This thesis also provides a comprehensive review of CRT and uses CRT as a method of analysis to fully understand how race and racism are applied in NCLB policy. CRT is used as a method of analysis to show that race and racism are embedded in …

The Representativeness Of Traditionally Underrepresented Populations In Appointed Policy-Level State Government Leadership Positions In North Carolina 1973-2012: "Who Gets In, Who Stays In, Who Gets Appointed, And Who Gets Disappointed.", Steven Eric Hairston

Dissertations

This study applies the theory of representative bureaucracy to state level political appointees over the course of five gubernatorial administrations in North Carolina. The theory of representative bureaucracy holds that the demographic diversity of the workforce of public sector organizations or bureaucracies (passive representation) leads to policy decisions and outcomes that reflect the beliefs and interests of the groups that are represented (active representation), including underrepresented populations (e.g. minorities and women) that have historically been disadvantaged. Using measures of representativeness, the study determines the extent to which members of underrepresented populations have been appointed to leadership positions by each of …

Teacher, Parent, And Peer Reports Of Early Aggression As Screening Measures For Long-Term Maladaptive Outcomes: Who Provides The Most Useful Information?, Katherine H. Clemans, Rashelle J. Musci, Jeannie Marie S. Leoutsakos, Nicholas S. Ialongo

Psychology: Faculty Publications

Objective: This study compared the ability of teacher, parent, and peer reports of aggressive behavior in early childhood to accurately classify cases of maladaptive outcomes in late adolescence and early adulthood. Method: Weighted kappa analyses determined optimal cut points and relative classification accuracy among teacher, parent, and peer reports of aggression assessed for 691 students (54% male; 84% African American and 13% White) in the fall of first grade. Outcomes included antisocial personality, substance use, incarceration history, risky sexual behavior, and failure to graduate from high school on time. Results: Peer reports were the most accurate classifier of all outcomes …

Exploring The Experience Of Victim-Offender Mediation Through Winnicottian Object Relations Theory And Self Psychology, Anneke D. Ransijn

Theses, Dissertations, and Projects

In light of the growing practice of victim offender mediation practice in the United States, this paper explores the experience of the victim throughout the process using the application of D.W. Winnicott's theory of object relations and Heinz Kohut's theory of Self Psychology. I will use these psychodynamic theories to provide an in-depth analysis of the victim's experience of victimization and the process of victim offender mediation, including the internal and external worlds of the victim, her needs, and the roles of those involved in the process. This study will highlight the effective interventions that may facilitate a more positive …

Establishing Legitimacy Through Inclusive Re-Formation: The Necessary Process For Re-Forming The Seattle Police Department, Becky Fish

Seattle Journal for Social Justice

No abstract provided.

Law And The Possibilities Of Peace, Yxta Maya Murray

Seattle Journal for Social Justice

No abstract provided.

Abolishing Jailhouse Snitch Testimony, Russell D. Covey

Faculty Publications By Year

Jailhouse snitch testimony is inherently unreliable. Snitches have powerful incentives to invent incriminating lies about other inmates in often well-founded hopes that such testimony will provide them with material benefits, including in many cases substantial reduction of criminal charges against them or of the time they are required to serve. At the same time, false snitch testimony is difficult, if not altogether impossible, for criminal defendants to impeach. Because such testimony usually pits the word of two individuals against one another, both of whose credibility is suspect, jurors have little ability to accurately or effectively assess or weigh the evidence. …

The Perceptions Of Caucasian Female Elementary Teachers And The Overrepresentation Of African-American Males In Special Education, Thomas Seaberry

Doctoral Dissertations and Projects

There is a disproportionate amount of African-American males in special education programs. Several factors have been offered by researchers as to why this phenomenon continues to be a problem throughout the county. The purpose of this study was to understand how Caucasian female teachers' perceptions of African-American male students might influence their overrepresentation in special education. This qualitative study employed an ethnographic case study method, and relied primarily on a pilot study and teacher interviews to obtain data related to this phenomenon. Using this research design, the researcher established six themes related to the research phenomenon: (1) cultural discontinuity between …

School Racial Climate And The Academic Achievement Of African American High School Students: The Mediating Role Of School Engagement, Charity Brown Griffin

Theses and Dissertations

African American students in K-12 education experience pervasive disparities in academic outcomes across all areas of the schooling experience. In order to understand the factors that promote academic achievement among individuals who face adversity, researchers have sought to examine how school environmental factors hold influence over students' academic adjustment. Drawing from an integrative model of development for ethnic minority children and a process model of engagement, this investigation explored whether three dimensions of school engagement, behavioral, emotional and cognitive, mediated relationships between school racial climate and academic performance and educational aspirations. These relationships were explored in a sample of 139 …

Lead Exposure And Crime, Tara Elaine Martin

Theses and Dissertations

While lead exposure during childhood has been linked to criminal activity later in life, prior research has failed to develop a theoretical foundation explaining why lead and crime rates are positively related at the aggregate level. Utilizing tract-level data, I examine the relationship among elevated blood lead level rates, levels of concentrated disadvantage, and crime rates. Through a biosocial approach, I explore the lead-crime relationship using a measure of concentrated disadvantage to account for the variations across tracts. Finally, I discuss the results of this study as well as implications for public policy and future research.

Sexual Violence And Relationship Abuse Among College Students: The Bystander Intervention Process, Elizabeth J. Wible

Honors Theses and Capstones

This project investigated how college students describe bystander intervention in the context of sexual violence and relationship abuse compared to intervention in a general helping situation. The participants were 53 undergraduate students at a New England University. Prior to graduation, all of the participants were asked questions via audio controlled, face-to-face qualitative interviews that related to their helping behaviors during their time in college. The participant responses revealed that general helping is often a simple, one-time event if time permits it. However, helping in the context of sexual violence or relationship abuse revealed many serious barriers for the bystander due …

Becoming A Sex Offender: A Study Of Constitution At The Intersection Of The Mental Health And Legal Systems, Jessica Callanan

Electronic Theses and Dissertations

This research conceptualizes "sex offender" as an institutional category. The purpose of this research is to show how people become constituted as sex offenders in the context of the two systems that make demands of them: the mental health and legal systems. These systems view sex offenders in ways that contradict, in that they are viewed as sick by the mental health system and as criminal or bad by the legal system. As a result, the demands these systems make contradict and at times impose double binds on the people who have to navigate them. The data I collected demonstrate …

Memory Denied: A Commentary On The Reports Of The Un Special Rapporteur In The Field Of Cultural Rights On Historical And Memorial Narratives In Divided Societies, Pok Yin S. Chow

The International Lawyer

No abstract provided.

Finality And Rehabilitation, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

New science and evolving societal views have led commentators to question the doctrine of finality. This parallels commentators’ embrace of rehabilitation during the middle of the last century. Today, casting off the strictures of finality and embracing rehabilitation are considered complementary positions, but finality has historically been understood as promoting rehabilitation. This shift stems from our changing understandings of rehabilitation. Rehabilitation focuses on offender change — on whether an offender is a final product or, rather, whether he is capable of transformation. Offender change, though, could be either change in character or change in behavior, or a combination of these …

A Second Chance: Rebiography As Just Compensation, Jamila Jefferson-Jones

Law Faculty Research Publications

No abstract provided.

Parental Substance Abuse And Child Welfare Outcomes: A Study Of Biological Mothers And Their Children In Out-Of-Home Placement In Allegheny County, Courtney Lewis

Electronic Theses and Dissertations

This study uses logistic regression to examine whether parental substance abuse makes biological mothers more or less likely to have their children returned home if the children have been removed by the Office of Children, Youth and Families (CYF). CYF handles the executive branch child welfare responsibilities for Allegheny County, which includes the city of Pittsburgh, PA. The sample in this study included children who had been removed from the home for the first time in 2012, and was split by age, creating two models. Parental drug abuse was found to make the child less likely to reunify in both …

The Race For Privilege In Blackness: Transformative Leadership In Traversing Space In Search Of Black Queer Cool, Tiffany Wilkins

Electronic Theses and Dissertations

This portraiture project, incorporating auto-ethnographic elements, investigating how African American educational systems became systems of oppression faced by lesbian, gay, bisexual, transgender and questioning (LGBTQ) youth of color, intentionally blends artist in creative glance with researcher in systemic inquiry and knowledge gathering (Lawrence-Lightfoot & Hoffman-Davis, 1997; Ellis et al., 2011).

An aspiring African American, gender non-conforming, lesbian leader is an auto-ethnographic portraiture exemplar: a counter-narrative of transcending obstacles overshadowing accessing college, graduate school, career success in education; doctoral ambitions with audacity within classes of pervasive racism, heterosexism and homophobia. Parallel instances of critical confrontations in predominantly Black secondary schools and …

S.B. 9: A Second Chance For Juveniles Serving Life Without Parole In California In Theory - And Why It Won't Make A Difference In Practice, Evan Reese

UC Law Constitutional Quarterly

Historically, juveniles have been treated differently than adults when convicted of a crime. They were seen as less culpable than adults and more capable of reform. In California and in many other states, however, some juveniles have been tried as adults in a variety of situations. Recent legislation in California has offered a glimmer of hope, and perhaps a second chance, for some juvenile offenders who have been sentenced as adults to life without parole. S.B. 9 allows such juveniles to petition the court for resentencing after serving the first fifteen years of their life sentence. In theory, if the …

Check, Pleas: Toward A Jurisprudence Of Defense Ethics In Plea Bargaining, Hadar Aviram, Deanna Dyer, S. C. Thomas

UC Law Constitutional Quarterly

After years of hesitation to acknowledge instances of ineffective assistance of counsel under the standard set in Strickland v. Washington (1984), the Supreme Court has addressed it head-on in the context of pleabargaining. In three recent cases-Padilla v. Kentucky (2010), Lafler v. Cooper (2012), and Missouri v. Frye (2012)-the Court attempted to define defense counsel professionalism and fashion remedies for lack thereof. But these cases are far from the first effort to regulate the quality of counsel in plea bargaining.

The Article starts by using insights from classic courtroom ethnography to explicate the main issues that influence defense practices in …

Safety And Security On Campus: Annual Security And Fire Safety Report 2014, University Of Minnesota Morris

Safety and Security Report

No abstract provided.

Determinants Of Crime In Chicago, Ross Olson

Undergraduate Honors Theses

This paper addresses occurrences of violent crime and their determinants in the city of Chicago using data collected at daily intervals for a period of two years. The economics of crime, in particular the price that crime imposes on society, is briefly explored along with a discussion of general policy techniques that aim to reduce the occurrence of violent crime. The empirical analysis addresses temperature, holidays (both official federal holidays and informal "party" holidays), weekends, unemployment rate, and seasonal trends. Relationships are examined between these variables and total crime, as well as with each component of violent crime: aggravated assault, …

Transit Justice For Youth In Multnomah County, Oregon: A For Youth By Youth Report, Lisa K. Bates

Urban Studies and Planning Faculty Publications and Presentations

In May 2014, the MYC hosted young people at our first Youth Summit for Transit Justice. In this youth-led process, we brought together youth from across the county and adult policy-makers to address our region’s transit issues. It was an important step for building youth-adult partnership to improve transit access for young people in Multnomah County. In this report, we report on the Transit Justice Summit and the youth perspective on transit fares, access, and the importance of transit justice for the success of all youth in Portland and Multnomah County. This report was created from research we conducted to …

Montana's Rural Version Of The School-To-Prison Pipeline School Discipline And Tragedy On American Indian Reservations, Melina Angelos Healey

Montana Law Review

American Indian1 adolescents in Montana are caught in a school-toprison pipeline. They are plagued with low academic achievement, high dropout, suspension and expulsion rates, and disproportionate contact with the juvenile and criminal justice systems. While these are typical of the school-to-prison phenomenon as it also appears in poor minority communities across the country, the rates and the disproportion for American Indians in Montana are particularly acute.2 Even more disturbing, many American Indian students in Montana are also the victims of another heartbreaking trend related to the school-to-prison pipeline—alarming levels of adolescent suicides and self-harm. The tragic situation of these children …

The Innocence And Redressability Exception: A Fair Alternative To Habeas Jurisprudence's Direct Versus Collateral Consequence Dichotomy, J. Clay Douglas

North Carolina Law Review

No abstract provided.

International Criminal Trials And The Disqualification Of Judges On The Basis Of Nationality, Milan Markovic

Faculty Scholarship

Judges who sit on the International Criminal Court (“ICC”) and other international criminal tribunals (“ICTs”) are nationals of particular states and are elected to serve largely on the basis of nationality. Since the advent of the Nuremberg Tribunal, however, ICTs have perpetuated the notion that national identity is irrelevant to a judge’s performance of his or her duties.

This Article will contend that judges at the ICC and other ICTs should not preside over trials concerning crimes allegedly committed by or against their fellow nationals. Judges should also consider recusing themselves from cases that strongly implicate the interests of their …

The Circuit: An Original Television Series, Grace T. Ding

CMC Senior Theses

Between good and evil there's a whole lot of gray: Welcome to The Circuit.

A shady private security firm recruits criminals straight out of prison and sells its services to the highest bidder, saint and sinner alike (mostly sinners). Through the trials and tribulations of a diverse ensemble cast, the show explores some of my absolute favorite themes in storytelling: gray morality, found families, and unlikely heroes. Follow our gritty and guarded lead Shaye as she struggles to tame a group of talented and contentious ex-cons under the shadow of her ambitious and manipulative father, all the while struggling to …