Digital Commons Network^™

Child Pirates: Rehabilitation, Reintegration, And Accountability, Mark A. Drumbl

Case Western Reserve Journal of International Law

No abstract provided.

Somali Piracy -- Are We At The End Game?, Jon Huggins, Liza Kane-Hartnett

Case Western Reserve Journal of International Law

No abstract provided.

Operational Responses To Piracy -- A First Principles Approach, Mark Sloan

Case Western Reserve Journal of International Law

No abstract provided.

Rules Of Engagement And Legal Frameworks For Multinational Counter-Piracy Operations, Laurie R. Blank

Case Western Reserve Journal of International Law

No abstract provided.

A Reflection On Innovations In The Security Council: The International Tribunals, Counterterrorism, And The Office Of The Ombudsperson, Hon. Kimberly Prost

Case Western Reserve Journal of International Law

No abstract provided.

A Conversation With The Chief Prosecutor Of United States Military Commissions, Mark Martins Brigadier General

Case Western Reserve Journal of International Law

No abstract provided.

Eroding The Foundations Of International Humanitarian Law: The United States Post-9/11, Col. Morris Davis

Case Western Reserve Journal of International Law

No abstract provided.

A War Crimes Tribunal For Sri Lanka? Examining The Options Under International Law, Nihal Jayasinghe, Daley J. Birkett

Case Western Reserve Journal of International Law

No abstract provided.

Regional Integration In Africa, Charles Chernor Jalloh, Ademola Abass

Articles

No abstract provided.

Disrupting Islamophobia: Teaching The Social Construction Of Terrorism In The Mass Media, Krista Mcqueeney

Criminology Faculty Publications

This article presents a critical media literacy technique for teaching about the social construction of terrorism. In a post-9/11 context where the human rights of Arabs and Muslims in the United States and overseas are threatened by drone attacks, profiling, detentions, and hate crimes, educators must not shy away from this issue. I use visual media to engage students with three questions: (1) How do everyday Americans define “terrorism” and perceive “terrorists”? (2) Where do these images come from? (3) What are the consequences for domestic and foreign policy? Using students’ own socialization as a starting point, I challenge them …

Objective Mens Rea And Attenuated Subjectivism: Guidance From Justice Charron In R. V. Beatty, Palma Paciocco

Articles & Book Chapters

Justin Ronald Beatty was driving on the Trans-Canada Highway on July 23, 2003 when, for no apparent reason, his truck suddenly crossed the solid centre line and collided with an oncoming car, killing three people. Beatty was charged with dangerous operation of a motor vehicle causing death. He was acquitted at trial on the grounds that his momentary lapse of attention was not enough to establish fault. The Crown appealed, and the Court of Appeal ordered a new trial after concluding that the trial judge had misapplied the fault standard. Beatty appealed to the Supreme Court of Canada, which undertook …

Queer Desires And Critical Pedagogies In Higher Education: Reflections On The Transformative Potential Of Non-Normative Learning Desires In The Classroom, Jennifer Fraser, Sarah Lamble

Journal of Feminist Scholarship

This article considers what a queer approach might offer in addressing some of the challenges of higher education in the contemporary neoliberal landscape. Despite a rich literature on queer issues in the classroom, most of the existing scholarship has focused on engaging queer students, being a queer teacher, or teaching queer content in the curriculum. Very little work has focused on what it means to take a queer approach to pedagogic techniques or how such an approach might impact educational practices more broadly. We ask: What does it mean in theory and practice to “queer” our teaching methods? What role …

Special Issue: International Criminal Justice Issues In Africa: Editorial, Charles Chernor Jalloh

Articles

No abstract provided.

Return Of The Repressed: Coping With Post-Conviction Innocence Claims In Wyoming, Aaron J. Lyttle

Wyoming Law Review

No abstract provided.

Publications Of The Faculty Of New York Law School 2013-2014, New York Law School

Bibliographies of Faculty Publications

No abstract provided.

Battered By Law: The Political Subordination Of Immigrant Women, Mariela Olivares

American University Law Review

No abstract provided.

Abstract Risk And The Politics Of The Criminal Law, Brenner M. Fissell

Hofstra Law Faculty Scholarship

Much of the criminal law contains what theorists call “abstract endangerment” statutes — crimes that punish not actual, but hypothetical, creation of risk. Consider the case of underage alcohol possession: age does not necessarily imply immaturity, and possession does not necessarily lead to consumption. The crime is therefore doubly “abstract”: many violations will create no risk of harm at all but the conduct is nevertheless prohibited. Theoretical defenses of these overinclusive laws proceed mainly by emphasizing the deficiencies of individuals in assessing their own cases of risk. What these defenses implicitly assume, though, is that the entity the individual must …

State Child Welfare Policy: Causes And Consequences, Dana D. Connelly

Theses and Dissertations--Public Policy and Administration

On any given day almost 400,000 children in the United States are living in an out-of-home care placement due to government intervention. Federal law allows for substantial variance in state child welfare policy on a number of topics. These policy decisions, however, are understudied both in terms of the forces driving them and also the impacts the policies have on actual outcomes for children in care.

Utilizing a unique panel data set comprised of thirteen child welfare policies that vary both between states and over time we examine how well redistributive theory (constituent, institutional, paternalistic and resource pressures) explains state …

Rural Incentive Programs For Legal And Medical Professionals: A Comparative, Hannah Haksgaard

Faculty Publications

No abstract provided.

Kids Can Change: Reforming South Dakota’S Juvenile Transfer Law To Rehabilitate Children And Protect Public Safety, Wendy Hess

Faculty Publications

South Dakota, like many other states, permits adult criminal prosecution, sentencing, and imprisonment of certain minors who commit a crime. The mechanism which allows prosecution of a child as an adult is referred to as “juvenile transfer,” because the juvenile court’s jurisdiction over the child is transferred to the adult criminal court. The article discusses how the juvenile transfer mechanism developed — both generally and in South Dakota — as well as how it operates today. The author summarizes research findings about the efficacy and fairness of juvenile transfer. Harsh criminal consequences for juveniles are increasingly disfavored as we learn …

Literacy, Poverty, And Brain Development: Toward A New, Place-Based Educational Intervention, Michael R. Hilton

Richmond Public Interest Law Review

This paper provides an overview of emerging research focused on how living in an area of concentrated poverty can impact brain development and explores some possible applications of this research to education policy. One of the key findings is that state and federal policy-makers may need to adopt programs that integrate educational policy with housing and planning policy in order to protect and fulfill each child's educational rights. In order to impress upon readers the scale of the nation's current educational failures and the need for a significant change in policy, this paper first addresses adult illiteracy in the United …

Crossing The Bridge: African-Americans And The Necessity Of A 21st Century Human Rights Movement, Marissa Jackson Sow

Law Faculty Publications

I had the honor of hearing Judge Joseph Greenaway give the keynote address at Columbia University's Black Law Students Association's Paul Robeson Gala in 2010. He gave a stirring speech, which has since been published in the Columbia Journal of Race and Law, entitled Have We Crossed the Bridge Yet? The title and theme of His Honor's speech is a reference to David Remnick's The Bridge: The Life and Rise of Barack Obama, which, in turn, invokes the metaphor of the bridge as a representation of the African-American struggle toward equality. ...

"I Know That I'M Strong" : Survivors Of Sexual Violence And Their Experiences With Pregnancy And Childbirth, Gretchen J. Davidson

Theses, Dissertations, and Projects

The purpose of this exploratory study was to gain a deeper understanding of how women with a history of sexual violence experience pregnancy and childbirth. The study used semistructured phone interviews with eleven women to gather qualitative data about their experiences with pregnancy and childbirth and their reflections on the relationship between past sexual violence and childbearing. The findings suggest that most women experience negative effects of past sexual violence at some point in the childbearing year and that these effects manifest as emotional, physical, and relational trauma reactions. When these reactions occur women may have the opportunity to process …

Finding Personal Meaning : Vocational Horticulture Therapy For Individuals With Severe And Persistent Mental Illness, Ariel B. Schneider

Theses, Dissertations, and Projects

As the medical treatments available for mental illness continue to progress in the context of an ever-growing medical model with the roll-out of the Affordable Care Act, individuals living with severe and persistent mental illness (SPMI) continue to experience barriers to receiving treatment. Furthermore, the treatment modalities largely based in pharmacological interventions and insight-based talk therapies fail to facilitate recovery, or to help individuals reach a place of sustained functionality. This theoretical study investigates vocational horticulture therapy as a way to facilitate recovery for individuals living with SPMI. I use Viktor Frankl's theory of Logotherapy in which he argues for …

Community Resilience In The Face Of Community Violence, Mary Kate Schmermund

Theses, Dissertations, and Projects

This qualitative study was created to learn more about communities that are labeled as dangerous by external sources. This research explores how organizations and community groups in cities nationally ranked as violent cultivate resilience within the community. People who work in these cities completed an online survey answering qualitative and demographic questions. The study found that respondents portrayed their communities of work and resilience within those communities in complex ways offering increased insight into resilience at the mezzo level. Themes of community cohesion, organizational collaboration, and community violence were present in several responses. The research concludes that while violence is …

Hypermasculinity, Delinquency And Adolescent Males, Emily A. Meneses

Theses, Dissertations, and Projects

Hypermasculinity, delinquency and or criminality, mental health disorders and race was studied to see if there was a positive or negative correlation between hypermasculinity and delinquency. This study used two instruments, the Male Roles Norms Inventory (MRNI) and the Self Report Delinquency scale (SRD) to measure hypermasculinity and adolescent delinquency. If the correlation was positive this study looked to see what if any affect mental health disorders and race had. The study found that there was no correlation therefore seeing if the correlation varied by race or having a mental health disorder was not done.

What Does The 'Q' Stand For Anyway? : Queerness And Agency Competence, Eleanor C. Taylor

Theses, Dissertations, and Projects

This exploratory study’s purpose was to explore queer identity in mental health practice through the question, "Does queerness emerge as a distinct cultural category through the language of conversation, clinical practice, and administrative policy in mental health agencies that serve queer people, and in what practices is this reflected?” This project was undertaken in order to begin to fill gaps in existing cultural competence literature, particularly regarding queer identity.

This project entailed semi-structured interviews with ten participants, who worked in direct service at mental health agencies that serve LGBTQIA+ populations. This study examines the meanings and effects of queerness in …

Self-Control And Adverse “Drinking” Consequences, Barbara J. Costello, Bradley J. Anderson, Michael D. Stein

Sociology and Anthropology Faculty Publications

Most research on adverse alcohol consequences such as problems with health, work, and relationships focuses only on alcohol use itself as a cause of these outcomes. However, Gottfredson and Hirschi’s (1990) self-control theory holds that alcohol use and these negative outcomes are likely to have a common cause–low self-control. Tests of hypotheses derived from self-control theory show that self-control predicts negative drinking consequences better than combined measures of alcohol dependence and frequency and quantity of drinking. This suggests that various forms of risk–taking behavior and negative outcomes can be conceptualized as indicators of underlying levels of self-control.

Serving Those Who Served, Edward G. Simpson, Iii, Gregory L. Collins

Law Student Publications

Forward from Richmond Journal of Law and the Public Interest, Vol. XVII, regarding the Department of Veterans Affairs (VA). Despite the VA's massive budget and our country's growing veteran population, many veterans' issues are not being adequately addressed, and the legal needs of our veterans require our increased attention.

Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Woman's Syndrome, Kendall Hamilton

Law Student Publications

This comment argues that in order for Virginia's criminal justice system to properly punish women who kill their abusers, effectively restoring their right to self-defend when necessary, Virginia must make two fundamental changes to its self-defense laws. First, Virginia's criminal justice system must advocate for the admission of expert testimony relating to battered woman's syndrome ("BWS"). This reform must be uniformly applied throughout our court system. Second, as Virginia's self-defense laws require both a reasonable fear and an overt act, the subjective standard for reasonable fear must also extend to the overt act requirement. This comment explains the significance of …