Digital Commons Network^™

Development And Testing Of A Rapid Multiplex Assay For The Identification Of Biological Stains, Kevin M. Legg

Electronic Theses and Dissertations

While DNA profiling makes it possible to individualize biological stains, the identification of the stain itself can present forensic serologists with a significant challenge. Current antibody- and enzyme activity-based assays used by forensic practitioners for biological stain identification yield only presumptive results. Positive results with non-target body fluids or cross-reactivity with non-human sources has also been well documented. Some tests can consume unacceptable quantities of precious evidence while for some body fluids (vaginal fluid and menstrual blood) there are simply no available tests at all.

This research presented here aims to develop and rigorously test a fast, accurate, and sensitive …

The Unexonerated: Factually Innocent Defendants Who Plead Guilty, John H. Blume, Rebecca K. Helm

Cornell Law Review

No abstract provided.

Faculty Research Interest Database, David Owerbach

Office of Research Institutional Research and Scholarship

No abstract provided.

Economics And Genocide: Choices And Consequences, Charles Anderton, Jurgen Brauer

Economics Department Working Papers

This paper provides an overview of genocide and international law concerning genocide.

College Of Arts And Sciences E-News Issue 19: November 2014, College Of Arts And Sciences

College of Arts and Sciences news

• University to honor its top four staffers for 2013-14 • WMU wins $779,072 grant, partners with Oxford in Web project • Constitution Day at WMU • Donald Southwell, 2014 Distinguished Alumnus • WMU taps alum, former K'zoo Public Safety officer as next police chief • Student Feature: Ted Carter • Student Recalls French Semester Abroad

Eric Holder's Recent Curtailment Of Mandatory Minimum Sentencing, Its Implications, And Prospects For Effective Reform, Alan Dahl

Brigham Young University Journal of Public Law

No abstract provided.

Sherlock's Admonition: Vindicatory Contempts As Criminal Actions For Purposes Of Bankruptcy Code Sec. 362, Amir Shachmurove

DePaul Business & Commercial Law Journal

No abstract provided.

Setting The Docket: News Media Coverage Of Our Courts – Past, Present And An Uncertain Future, Gene Policinski

Missouri Law Review

News reporting on the business of the courts and judiciary has a long history – and an uncertain future. Reporting on the courts has changed with the times, technology and tastes of the American press and of the public – the latter being the ultimate target of reports on the functions and the institution of our judicial system. News coverage of judicial proceedings at all levels, nationwide, may well have peaked – in quantity, quality and reach – in the early 1990s, when a declining economy kicked off dramatic cutbacks in newspaper news staffing, reductions later amplified by the drop …

Balancing “Aggression” And Compassion In International Law: The Crime Of Aggression And Humanitarian Intervention, Alexander H. Mccabe

Fordham Law Review

    There is a problematic overlap between bona fide humanitarian intervention and the crime of aggression. Under international law, the crime of aggression is defined so vaguely that it potentially could be applied to try leaders who seek to stop documented mass atrocities with armed force. This Note seeks a resolution to that overlap: a path that would allow those who would plan and engage in bona fide humanitarian intervention to be exempt from prosecution for aggression. The Note first examines the genealogy of the crime of aggression. It then analyzes several possible solutions to policing aggression without unduly deterring humanitarian …

Come Back To The Boat, Justice Breyer!, Richard D. Friedman

Michigan Law Review First Impressions

I want to get Justice Breyer back on the right side of Confrontation Clause issues. In 1999, in Lilly v. Virginia, he wrote a farsighted concurrence, making him one of the first members of the Supreme Court to recognize the inadequacy of the then-prevailing doctrine of the Confrontation Clause. That doctrine, first announced in Ohio v. Roberts, was dependent on hearsay law and made judicial assessments of reliability determinative. In Crawford v. Washington, the Court was presented with an alternative approach, making the key inquiry whether the statement in question was testimonial in nature. During the oral …

Indigenous Perspectives And Counter Colonial Criminology, Juan Marcellus Tauri

African Journal of Criminology and Justice Studies

No abstract provided.

Indigenous European Justice And Other Indigenous Justices, Biko Agozino

African Journal of Criminology and Justice Studies

All human beings are indigenous because everyone originates somewhere and is therefore indigenous there. However, the imperialist reason of Europe refuses to be confined geographically, making global claims to universalism in its knowledge-power axes even while remaining peculiar, especially from the points of view of the rest of us who wonder where to place the emphasis in Eurocentric criminal justice systems. This papyrus will remind us of the old African saying that no palm is big enough to hide the sky and so even the good qualities of European empires of law would never be enough to meet the needs …

Neo-­‐Colonial Criminology: Quantifying Silence, Antje Deckhert

African Journal of Criminology and Justice Studies

In Australia, Canada, New Zealand and the United States of America, Indigenous peoples continue to experience incarceration at markedly disproportionate rates. Some scholars have criticised criminology for contributing to this social problem by marginalising Indigenous peoples in research and research publications. This study is a first attempt to quantitatively evaluate the (de)colonised state of contemporary criminology. It involves a comprehensive review of research on ‘Indigenous peoples in the criminal justice context’, which has been undertaken in aforesaid countries and was published in elite criminology journals over the past decade (2001-­‐2010). The findings reveal that publication rates on the subject are …

Biko Agozino And Justice For All, Joey Lywak

African Journal of Criminology and Justice Studies

This paper takes its reader on the shared sociological journey of Virginia Tech professor Biko Agozino and University of Winnipeg graduate Joey Lywak. It outlines their by chance encounter and subsequent correspondence which has led to extensive benefits for both parties. A snapshot of Agozino’s liberating sociology (academic activism) was sought out by Lywak for a class project. This request was received and fulfilled graciously. Subsequently, their joint efforts have produced an assignment that highlights both of their talents and expertise. Agozino’s noble endeavours gain the recognition they deserve while Lywak is able to supplement this biographical tale with a …

Tsu Faculty Publication Database, David Owerbach

Office of Research Institutional Research and Scholarship

No abstract provided.

Immigration Surveillance, Anil Kalhan

Maryland Law Review

In recent years, immigration enforcement levels have soared, yielding a widely noted increase in the number of noncitizens removed from the United States. Less visible, however, has been an attendant sea change in the underlying nature of immigration governance itself, hastened by new surveillance and dataveillance technologies. Like many other areas of contemporary governance, immigration control has rapidly become an information-centered and technology-driven enterprise. At virtually every stage of the process of migrating or traveling to, from, and within the United States, both noncitizens and U.S. citizens are now subject to collection and analysis of extensive quantities of personal information …

A House Divided: When State And Lower Federal Courts Disagree On Federal Constitutional Rights, Wayne A. Logan

Scholarly Publications

Despite their many differences, Americans have long been bound by a shared sense of federal constitutional commonality. As this article demonstrates, however, federal constitutional rights do in fact often differ — even within individual states — as a result of state and lower federal court concurrent authority to interpret the Constitution and the lack of any requirement that they defer to one another’s positions. The article provides the first in-depth examination of intra-state, state-federal court conflicts on federal constitutional law and the problems that they create. Focusing on criminal procedure doctrine in particular, with its unique impact on individual liberty …

Coalition For Prisoners' Rights Newsletter, Vol 39-Tt, No. 11, Coalition For Prisoners' Rights

Coalition for Prisoners' Rights Newsletters

A Step in the Right Direction

Disarm the Police!

Boehner Advierte a Obama que no Tome Medidas Ejecutivas en Materia de Inmigración

Former Prisons Chief Arraigned in For-Profit Prison Bribery Scheme

The Spinnaker November 2014, University Of North Florida

Spinnaker

Student newspaper for the UNF community. Date: November 2014

Establishing A Suitable Lay Participation System For The Taiwanese Criminal Justice System, Yi-Lin Lou

Maurer Theses and Dissertations

This research focuses on a recent judicial reform measure proposed by the Taiwanese Judicial Yuan in 2011. The measure’s objective was to improve the criminal justice system via the implementation of a so-called “lay observer system.” The dissertation begins with an analysis regarding whether the Taiwanese criminal justice system needs to reform, and it considers whether the introduction of the proposed lay observer system would be a reasonable means of achieving the Judicial Yuan’s goals and meeting its expectations, which include rebuilding the Taiwanese society’s trust in the professional judges’ credibility and the court’s fairness. The second part of this …

Death, Desuetude, And Original Meaning, John F. Stinneford

UF Law Faculty Publications

One of the most common objections to originalism is that it cannot cope with cultural change. One of the most commonly invoked examples of this claimed weakness is the Cruel and Unusual Punishments Clause, whose original meaning would (it is argued) authorize barbaric punishment practices like flogging and branding, and disproportionate punishments like the death penalty for relatively minor offenses. This Article shows that this objection to originalism is inapt, at least with respect to the Cruel and Unusual Punishments Clause. As I have shown in prior articles, the original meaning of “cruel and unusual” is “cruel and contrary to …

The Art, Craft, And Future Of Legal Journalism: A Tribute To Anthony Lewis , Richard C. Reuben

Missouri Law Review

In the modern era, few performed this function better than Anthony Lewis, the legendary U.S. Supreme Court reporter and columnist for The New York Times, who died in March 2013. A pioneer in the coverage of law and the courts, Lewis is widely credited with being one of the founders of contemporary legal journalism. Through a remarkable career that included two Pulitzer Prizes and five books, Lewis taught by example a generation of journalists how to cover the law with accuracy, insight, perspective, and passion. While the law can often be dry and technical, and cases idiosyncratic, Lewis showed legal …

Supreme Court Decision On Juvenile Sentencing Results In Cruel And Unusual Difficulties For Missouri, Andrew Peebles

Missouri Law Review

Part II gives a brief background of the facts and circumstances surrounding the Hart decision. Part III discusses the history of the Eighth Amendment and explores the U.S. Supreme Court’s trend toward leniency in the imposition of punishments, culminating with a discussion of the Miller decision. Part IV delves into the Supreme Court of Missouri’s reasoning behind its decision in Hart and the temporary sentencing procedures the court provided. Finally, Part V comments on the many problems currently facing Missouri’s criminal justice system since the implementation of the Miller decision and the actions that will be required by the legislature …

Why Salinas V. Texas Blurs The Line Between Voluntary Interviews And Custodial Interrogations, Brian Donovan

Cornell Law Review

No abstract provided.

Poetry: "What Al Young Might Say To The Graduates", Joseph Lacroix

Bridgewater Review

No abstract provided.

Teamwork: Crucible For Learning About Collaborative Leadership, Lisa Deangelis, Sherry H. Penney, Maureen A. Scully

Center for Collaborative Leadership Publications

In teaching leadership development we have developed and revised a model of teamwork and collaboration, which has yielded innovative and positive results. Our study draws on insights from more than 90 project teams, gathered over twelve years of a mid-career executive education program designed specifically to teach collaborative leadership. The teams work on a strategic dilemma with a business association or community organization, highlighting the civic engagement aspect of collaborative leadership. Teams devise their own operating procedures, refine (not simply manage) the project, create working relationships with multiple stakeholders, and present a deliverable within the nine-month span of the program. …

University Peer Advisors Pursuing Careers In Educational Advising: A Phenomenological Study Examining The Influence Of Lived-Experiences On Vocational Purpose, Laurie Simpson

Doctoral Dissertations and Projects

Many studies have considered the impact college peer advising programs have on advisees, however, formal literature examining the lived-experience peer advising placements have on student advisors is limited. Using a qualitative phenomenological research design, this study seeks to examine the lived-experiences of former peer advisors in an advising center at a four-year university in Massachusetts. The goal of the research is to determine whether there are common themes in the lived-experiences of participant peer advisors. Additionally, employing Chickering's psychosocial theory of student development, this researcher seeks to discover how those lived-experiences may have contributed to participants' development of vocational purpose. …

Chinese Law Reform: Its Recent Past And Uncertain Future, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

Just as economic reforms were beginning in 19789-1979 and China’s leaders announced that China was going to create a “socialist market economy,” a prominent Chjinese economist said.

“Market economy” should be “a bird in the cage” of the socialist economy.

Today, Chinese law reform reflects a mixed picture: The cage has grown since the onset of reform, but the law is still a bird inside of it.

What Is Criminal Restitution?, Cortney E. Lollar

Law Faculty Scholarly Articles

A new form of restitution has become a core aspect of criminal punishment. Courts now order defendants to compensate victims for an increasingly broad category of losses, including emotional and psychological losses and losses for which the defendant was not found guilty. Criminal restitution therefore moves far beyond its traditional purpose of disgorging a defendant's ill-gotten gains. Instead, restitution has become a mechanism of imposing additional punishment. Courts, however, have failed to recognize the punitive nature of restitution and thus enter restitution orders without regard to the constitutional protections that normally attach to criminal proceedings. This Article deploys a novel …

Criminal Justice As A Colonial Project In Contemporary Settler Colonialism, Juan Marcellus Tauri, Ngati Porou

African Journal of Criminology and Justice Studies

This paper offers an Indigenous-centred, critical perspective on the Colonial Projects (Thomas, 1994) employed in settler-colonial contexts to negate, or at the very least nullify, the negative impact of two inter-related ‘wicked problems’ that are deemed peculiar to these jurisdictions: the high levels of Indigenous over-representation in the criminal justice system, and the impact of Indigenous resistance to the hegemony of the imposed, criminal justice systems deployed by settler-colonial states. The paper is comprised of three inter-related parts; the first two outline the construction and deployment of Colonial Projects in the colonial and neo-colonial contexts, wherein it is argued that …