Digital Commons Network^™

“To Corral And Control”: Stop, Frisk, And The Geography Of Freedom, Anders Walker

All Faculty Scholarship

This article revisits the emergence of stop and frisk law in the 1960s to make three points. One, the impetus for formalizing police stops arose midst confusion generated by Mapp v. Ohio, the landmark Warren Court opinion incorporating the exclusionary rule to the states. Two, police over-reactions to Mapp intersected with fears of urban riots, leading to a formalization of stop and frisk rules that aimed at better containing inner city minority populations. Three, the heightened control of urban streets coupled with the heightened protection of the private home bore geographic implications, interiorizing liberty in ways that perpetuated a national …

Perceptions Of The Hs-Bcp Credential: A Survey Of Human Service Professionals, Narketta M. Sparkman, Edward S. Neukrug

Counseling & Human Services Faculty Publications

With the Human Services Board Certified Practitioner credential (HS-BCP) being a few years old, this article sought to obtain the current perception it by members of the National Organization of Human Services (NOHS). A survey of NOHS members suggests that respondents overwhelmingly heard of the credential, that 42% had obtained the credential, and that a large number who were not credentialed indicated a desire to obtain it. Perceived awareness of employers was also obtained from NOHS members, as well as differences as a function of demographics and the perceived value of the credential. In addition, respondents expressed their views regarding …

Naming Race: One Foundation’S Path To A Strategy Of Structural Inclusion And Self- Determination, Lori Bezahler

The Foundation Review

· Common wisdom tells us that by placing people of color in leadership roles in philanthropy, there will be a greater emphasis on issues of racial equity and attention to solutions that are rooted in the experiences of people of color. While diverse leadership is a critical component of inclusion, attention must also be paid to the dynamics of power inherent in the relationship between a philanthropic institution and the community it seeks to serve. Foundations must put in place practices that address the inherent inequities in our sector if we are to contribute to systemic change.

· The Edward …

Gvsu Undergraduate And Graduate Catalog, 2014-2015, Grand Valley State University

Course Catalogs, 1963 - Current

Grand Valley State University 2014-2015 undergraduate and/or graduate course catalog published annually to provide students with information and guidance for enrollment.

The Stealth Press Clause, Sonja R. West

Georgia Law Review

As we reflect on the 50th anniversary of New York Times Co. v. Sullivan, there will likely be many tributes to Sullivan as one of the Supreme Court's most significant press cases. Yet Sullivan was not really a "press" case. The Supreme Court, in its opinion, granted all speakers greater protection against defamation liability regardless of whether they were a member of the press. Sullivan is not the only famous so-called "press" case that was not just about the press. Several more "not-just-the-press" victories followed in Sullivan's wake. New York Times Co. v. United States (the "Pentagon Papers case"), for …

Homicides And The American Dream: An Empirical Application Of Institutional Anomie Theory At The Census Tract Level, Stacie Jergenson

Theses and Dissertations

Guided by the Institutional Anomie Theory (IAT) of Steven F. Messner and Richard Rosenfeld (2007), this study examines the strength and interaction of social institutions (economy, education, family and polity) in relationship to homicides occurring in Minneapolis, Minnesota between 2007 and 2011. It utilizes census tracts as the units of analysis, an attempt to extend IAT from the cross-national to the local level. Rather than focusing on specific offenders, it explores broader cultural and structural characteristics employing exploratory, ordinary least squares (OLS), and geographically weighted regressions (GWR). Although interactions did not reach statistical significance, relationships were found between homicides rates …

Perceptions Of Child Abuse And Neglect In Cases Of Intimate Partner Violence, Katlin Rhyner

Theses and Dissertations

The current study examined perceptions of child abuse and neglect within the context of heterosexual intimate partner violence. Participants were asked to read a vignette describing a situation where a child either saw, heard, or was physically injured in an intimate partner violence altercation that took place between his parents. Within abuse exposure condition, the gender of the victim was also varied. Participants were asked to decide the extent to which the situation constitutes child abuse and neglect, as well as how much blame and responsibility should be assigned to each parent involved in the incident. Overall, it was found …

Richmond Law Magazine: Winter 2014

Richmond Law Magazine

Features:

Cracking Down on Exported Corruption

The Little Sisters Who Sued

Professional Plaintiffs

Think Like A Lawyer, Write Like A Lawyer

Critical Lessons Of Al-Kidd: Respecting The Dignity Of Material Witnesses Through The Special Needs Doctrine, John Kowalko Iii

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Disparity In Judicial Misconduct Cases: Color-Blind Diversity?, Athena D. Mutua

American University Journal of Gender, Social Policy & the Law

No abstract provided.

2014 Program, University Of Missouri-St. Louis

Undergraduate Research Symposium

University of Missouri-St. Louis Undergraduate Research Symposium Program

Unf Journal Winter 2014, University Of North Florida

UNF Journal

A university periodical for alumni and friends of the University of North Florida.

Criminal Justice In Indian Country, M. Alexander Pearl

Faculty Publications

This Article examines the role played by different enacted legislation on California’s Indian tribes criminal justice system. For centuries, tribal governments were the only entities with criminal jurisdiction in Indian Country. In 1883, the Supreme Court in Ex parte Kan-Gi-Shun-Ka (Ex parte Crow Dog) confirmed that a crime committed by an Indian against another Indian did not give rise to federal jurisdiction. In response, Congress passed the Major Crimes Act, granting federal authorities the power to investigate, enforce, and prosecute certain crimes occurring in Indian Country. The federal statutes creating federal jurisdiction did not preclude tribal jurisdiction, but states …

Citizen Participation In Criminal Trials In Japan: The Saiban-In System And Victim Participation In Japan In International Perspectives, Setsuo Miyazawa

Faculty Scholarship

No abstract provided.

The Sky’S The Limit: Twenty-First Century Searches Of Hard-Drives, Smartphone Applications The Cloud, Quinn Hochhalter

North Dakota Law Review

No abstract provided.

A Study Of Juror Information On The Websites Of 61 Predominately Hispanic Texas Counties, Irma S. Jones, Dianna Blankenship, Marcus Juarez

Teaching and Learning Faculty Publications

The Constitution does not require a jury of twelve men and women t o be representative of America’s diverse ethnic, racial, and economic groups (Donaldson v. California, 1971). Although there is concern whether prospective juror pools emulate shifting racial and ethnic populations, (Fukari, 1996), it is unconstitutional to use “race conscious means” to create a racially balanced jury pool. (United States v. Ovalle, 1998). The U.S. Hispanic population grew from 9.1 million in 1970 to 35.3 million in 2000, an increase of nearly four times, and 53 million in 2012, an increase of nearly six times (Pew Research Center, 2014). …

Issues Raised By Studying Defond And Zhang: What Should Audit Researchers Do?, John Donovan

Faculty Publications

We view audit-quality choice as one among many that managers make to maximize firm value. We question whether audit-quality differences among publicly traded companies are of significant interest to investors, clients, and auditors and ask for research on this topic.  Relatedly, we ask for research on whether auditors and their clients show behavior consistent with regulated audit quality exceeding the audit quality level demanded absent regulation. We propose that researchers incorporate the competitive advantages of auditors and the institutional features of the audit process into the definition of audit quality. We propose that audit quality research test for externalities and …

'Friend To The Martyr, A Friend To The Woman Of Shame': Thinking About The Law, Shame And Humiliation, Michael L. Perlin, Naomi Weinstein

Articles & Chapters

This paper considers the intersection between law, humiliation and shame, and how the law has the capacity to allow for, to encourage, or (in some cases) to remediate humiliation, or humiliating or shaming behavior. The need for new attention to be paid to this question has increased exponentially as we begin to also take more seriously international human rights mandates, especially – although certainly not exclusively – in the context of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities, a Convention that calls for “respect for inherent dignity,” and characterizes "discrimination against any person on the …

Persecuting Alex Rodriguez: Race, Money And The Ethics Of Reporting The Performance-Enhancing Drug Scandal, Bonnie Brennen, Rick Brown

College of Communication Faculty Research and Publications

This qualitative textual analysis considers the US press coverage of Alex Rodriguez for his alleged use of performance-enhancing drugs. It evaluates nearly 500 newspaper, magazine and broadcast reports from 2007 to 2014 on Rodriguez, as well as reader and journalistic responses, and finds issues of overt and inferential racism, stereotyping and symbolic impurity, and a crude emphasis on money in the coverage. This research considers the ethics of the press coverage through a framework of Critical Race Theory and suggests an approach rooted in communitarian ethics to foster greater social justice and balance in sports media coverage.

Substance-Abusing Mothers And Fathers' Willingness To Allow Their Children To Receive Mental Health Treatment, Michelle L. Kelley, Gabrielle M. D'Lima, James M. Henson, Cayla Cotton

Psychology Faculty Publications

The purpose of this study was to examine attitudes of substance-abusing mothers and fathers entering outpatient treatment toward allowing their children to participate in individual- or family-based interventions. Data were collected from a brief anonymous survey completed by adults at intake into a large substance abuse treatment program in western New York. Only one-third of parents reported that they would be willing to allow their children to participate in any form of mental health treatment. Results of chi-square analyses revealed that a significantly greater proportion of mothers reported that they would allow their children to participate in mental health treatment …

Juvenile Psychopathy: Instrumental Versus Reactive Aggression In Male And Female Juvenile Offenders, Marielena P. Tecce

Antioch University Dissertations & Theses

Over the past decade, the profusion of literature examining the downward extension of psychopathy to juvenile populations has been met with much debate and controversy. The focus remains on the accuracy of assessment and the negative effects from the premature application of labeling a juvenile a psychopath. The current study investigated the relationship between psychopathy and aggression by exploring the relationship between types of aggression (instrumental and reactive) and psychopathic traits in juvenile offenders. This study examined archived file information for male and female (N = 134) juvenile offenders (ages 13-17) referred for diagnostic and psychological evaluation services by …

In Defense Of Tribal Sovereign Immunity: A Pragmatic Look At The Doctrine As A Tool For Strengthening Tribal Courts, Ryan Seelau

North Dakota Law Review

No abstract provided.

Prosecutorial Discretion In Three Systems: Balancing Conflicting Goals And Providing Mechanisms For Control, Sara Sun Beale

Faculty Scholarship

In regulating the authority and discretion exercised by contemporary prosecutors,national systems balance a variety of goals, many of which are in tension or direct conflict. Forexample, making prosecutors politically or democratically accountable may conflict with theprinciple of prosecutorial neutrality, and the goal of efficiency may conflict with accuracy. National systems generally seek to foster equal treatment of defendants and respect for theirrights while also controlling or reducing crime and protecting the rights of victims. Systems thatrecognize prosecutorial discretion also seek to establish and implement policy decisions aboutthe best ways to address various social problems, priorities, and the allocation of resources. …

Do Racial Disparities Exist During Pretrial Decisionmaking? Evidence From North Carolina, Guangya Liu, Chloe Johnson, Neil Vidmar

Faculty Scholarship

Racial Disparities in the Criminal Justice System are well documented in that minority defendants are over-represented compared with white defendants. The present authors argue that it is crucial to study the pretrial stages because they are a pivotal point in the criminal justice process continuum and racial disparities may begin to take root at an early stage of the process.

We find some evidence of racial disparities in pretrial decisionmaking. The type of bond assigned differs by race. Black defendants who were unable to post bond spent more days in jail, compared to white counterparts. However, race is not a …

The Banality Of Wrongful Executions, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

The Effectiveness Of International Adjudicators, Laurence R. Helfer

Faculty Scholarship

This chapter, in the Oxford Handbook of International Adjudication, provides an overview of the burgeoning literature on the effectiveness of international courts and tribunals (ICs). It considers four dimensions of effectiveness that have engendered debates among scholars or received insufficient scrutiny. The first dimension, case-specific effectiveness, evaluates whether the litigants to a specific dispute change their behavior following an IC ruling, an issue closely linked to compliance with IC judgments. The second variant, erga omnes effectiveness, assesses whether IC decisions have systemic precedential effects that influence the behavior of all states subject to a tribunal’s jurisdiction. The third approach, embeddedness …

Building Community In Schools: Servant-Leadership, Restorative Justice, And Discipline Reform, Felix J. Yerace

International Journal of Servant-Leadership

In the United States, educational quality varies widely across school districts. For decades, many Americans have questioned education quality (Pulliam and Patten 2007; Urban and Wagoner 2009; Webb 2006). The twentieth century saw over thirty national reports and over 300 state and federal task forces look at how schools could improve (Giroux 2004). Despite these efforts, many remain dissatisfied with education in America (Strauss 2012).

Student Conduct, Restorative Justice, And Student Development: Findings From The Starr Project (Student Accountability And Restorative Research Project), David R. Karp Phd, Casey Sacks

School of Leadership and Education Sciences: Faculty Scholarship

The STudent Accountability and Restorative Research (STARR) Project is a multi-campus study of college student disciplinary practices in the United States, comparing traditional conduct hearings that use restorative justice practices with traditional college student misconduct hearings. This study provides a coherent set of learning goals in college student conduct administration and a robust data set capable of measuring student learning across different types of disciplinary practice, in particular, comparing traditional “model code” practice with emerging restorative justice processes. Integrating several student development theories, we identify six student development goals: just community/self authorship, active accountability, interpersonal competence, social ties to institution, …

Access To Counsel In Removal Proceedings: A Case Study For Exploring The Legal And Societal Imperative To Expand The Civil Right To Counsel, Carla L. Reyes

Faculty Journal Articles and Book Chapters

Although empirical evidence shows that a foreign national's chances of receiving a favorable ruling doubles when an attorney represents him or her in removal proceedings, a unique confluence of history, legal tradition and policy climate have restricted immigrants' access to counsel to a ten-day window in which the immigrant may seek representation of his or her own choosing at no expense to the government. Although removal proceedings are, by definition, civil proceedings, they nevertheless involve physical detention and the possibility of permanent removal from the United States. These circumstances make the immigration system a unique case study for exploration of …

Complicity, James G. Stewart

All Faculty Publications

Complicity is responsibility for helping. This essay provides a comparative overview of the criminal law and theory pertaining to complicity. Instead of taking a strong prescriptive position on the best way to construct accomplice liability, it charts a series of recurrent normative problems in this area and points to various solutions these problems have generated in practice. The essay begins by considering structural questions that inform the shape accomplice liability is given in different criminal systems, then discusses the conduct required to establish accomplice liability, before plotting the various static and dynamic mental elements that are frequently allocated to the …