Digital Commons Network^™

Juries And The Criminal Constitution, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

Judges are regularly deciding criminal constitutional issues based on changing societal values. For example, they are determining whether police officer conduct has violated society’s "reasonable expectations of privacy" under the Fourth Amendment and whether a criminal punishment fails to comport with the "evolving standards of decency that mark the progress of a maturing society" under the Eighth Amendment. Yet judges are not trained to assess societal values, nor do they, in assessing them, ordinarily consult data to determine what those values are. Instead, judges turn inward, to their own intuitions, morals, and values, to determine these matters. But judges’ internal …

Tribute To Randall Shepard, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge And Improve Decisionmaking, Sara Gordon

All Faculty Publications

What do jurors want to know? Jury research tells us that jurors want to understand the information they hear in a trial so they can reach the correct decision. But like all people, jurors who are asked to analyze information in a trial—even jurors who consciously want to reach a fair and accurate verdict—are unconsciously influenced by their internal goals and motivations. Some of these motives are specific to individual jurors; for instance, a potential juror with a financial interest in a case would be excluded from the jury pool. But other motivations, like the motive to understand the law …

Fifteen Years Of Supreme Court Criminal Procedure Work: Three Constitutional Brushes, Daniel C. Richman

Faculty Scholarship

This essay – written in connection with a French National Research Agency project on “Neo or Retro Constitutionalisms” – is an effort to pull together the last fifteen years of Supreme Court criminal procedure cases expanding constitutional protections. It identifies three different styles: thin and clear doctrinal lines on miniature doctrinal canvases that have only passing connections to criminal justice realities; episodic and self-limiting engagements with a potentially larger regulatory space; and a grand style that hints at sweeping structural ambitions but collaborates with other regulatory authorities. Readers undoubtedly can come up with more than three styles. But, in any …

Paws Off My Porch: Sniffing Out Florida V. Jardines' Effect On Drug Dogs And Homes, Elizabeth J. Chrisp

South Dakota Law Review

No abstract provided.

Kids Can Change: Reforming South Dakota's Juvenile Transfer Law To Rehabilitate Children And Protect Public Safety, Wendy N. Hess

South Dakota Law Review

No abstract provided.

South Dakota Evidence: Comments On A Giant Step, Chris Hutton

South Dakota Law Review

No abstract provided.

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

South Dakota Law Review

No abstract provided.

Risky Arguments In Social-Justice Litigation: The Case Of Sex Discrimination And Marriage Equality, Suzanne B. Goldberg

Faculty Scholarship

This Essay takes up the puzzle of the risky argument or, more precisely, the puzzle of why certain arguments do not get much traction in advocacy and adjudication even when some judges find them to be utterly convincing. Through a close examination of the sex discrimination argument's evanescence in contemporary marriage litigation, this Essay draws lessons about how and why arguments become risky in social-justice cases and whether they should be made nonetheless. The marriage context is particularly fruitful because some judges, advocates, and scholars find it "obviously correct" that laws excluding same-sex couples from marriage discriminate facially based on …

The Idiosyncrasy Of Patent Examiners: Effects Of Experience And Attrition, Ronald J. Mann

Faculty Scholarship

In recent years, problems with the U.S. patent system have garnered attention from scholars and policymakers of all types. Concerns about the competitiveness of U.S. industry undergird worries that the Great Recession will linger as long as the 1990s downturn in Japan. It is no coincidence that a Congress that has remained at loggerheads on most aspects of economic policy could reach a consensus on the enactment of the Leahy-Smith America Invents Act of 2011, by far the most important statutory reform of U.S. patent law since 1995. Yet, despite Congress's long overdue attention to patent law, it is unlikely …

Correcting Criminal Justice Through Collective Experience Rigorously Examined, James S. Liebman, David Mattern

Faculty Scholarship

Federal and state law confers broad discretion on courts to administer the criminal laws, impose powerful penalties, and leave serious criminal behavior unpunished. Each time an appellate court reviews a criminal verdict, it performs an important systemic function of regulating the exercise of that power. Trial courts do the same when, for example, they admit or exclude evidence generated by government investigators. For decades, judicial decisions of this sort have been guided by case law made during the Supreme Court's Criminal Procedure Revolution of the 1960s and 1970s. It is becoming increasingly clear, however, that the rule-bound, essentially bureaucratic regulatory …

Corporate Headhunting, Daniel C. Richman

Faculty Scholarship

A wide range of commentators – including some pretty sophisticated ones – have raked through the ruins of the 2008 financial collapse, confident that there are significant criminal prosecutions to bring against individuals and that the Justice Department should be faulted for its failure to bring them. Their confidence that blockbuster criminal cases could have been made rests on shaky grounds. So, too, does their faith that the hunting of heads is a socially productive response to the collapse. If anything, a focus on headhunting will only distract from, and reduce the pressure for, efforts to explain the collapse and …

Self-Help And The Separation Of Powers, David E. Pozen

Faculty Scholarship

Self-help doctrines pervade the law. They regulate a legal subject's attempts to cure or prevent a perceived wrong by her own action, rather than through a mediated process. In their most acute form, these doctrines allow subjects to take what international lawyers call countermeasures – measures that would be forbidden if not pursued for redressive ends. Countermeasures are inescapable and invaluable. They are also deeply concerning, prone to error and abuse and to escalating cycles of vengeance. Disciplining countermeasures becomes a central challenge for any legal regime that recognizes them.

How does American constitutional law meet this challenge? This Article …

Rethinking Privacy, William H. Simon

Faculty Scholarship

Anxiety about surveillance and data mining has led many to embrace implausibly expansive and rigid conceptions of privacy. The premises of some current privacy arguments do not fit well with the broader political commitments of those who make them. In particular, liberals seem to have lost touch with the reservations about privacy expressed in the social criticism of some decades ago. They seem unable to imagine that preoccupation with privacy might amount to a “pursuit of loneliness” or how “eyes on the street” might have reassuring connotations. Without denying the importance of the effort to define and secure privacy values, …

How International Institutions Evolve, Anu Bradford

Faculty Scholarship

Economic theory suggests that international institutions cannot simultaneously widen and deepen. There is an inevitable trade-off between the benefits of site and the costs of heterogeneity. Consequently, institutions ought to be either small and deep or, alternatively, large and shallow. Yet in reality, we observe that international institutions embrace new members while concurrently pursuing deeper cooperation. This Article seeks to explain how institutions evolve over time in light of this size/heterogeneity trade-off It examines the strategic responses of members of institutions to heterogeneity costs and identifies two distinct yet related strategies that allow states to pursue gains from cooperation while …

Osgoode Syllabus Of Courses And Seminars: 2014 - 2015, Office Of Student Services

Syllabi

No abstract provided.

An Empirical Study Of Appointed Counsel Effectiveness In Jury Trials, James Patrick Hall

Walden Dissertations and Doctoral Studies

Anecdotal evidence supports the belief among indigent individuals who are assigned defense counsel that they would be better represented by privately retained counsel. This perspective jeopardizes attorney effectiveness by reducing communication and trust between the attorney and client. Research on the effectiveness of counsel is sparse. The purpose of this quantitative study was to bridge this gap in knowledge by comparing the effectiveness of privately retained and publicly appointed counsel between 2008 and 2013, both before and after the imposition of state-wide compensation limitations on publicly appointed defense counsel. The theoretical framework was Stuntz's theory, which stresses that one part …

The Presence Of Cyberbullying In Rural Middle Schools: Advanced Technology, School Initiatives, And Parent Involvement, Amy Painter

Walden Dissertations and Doctoral Studies

This descriptive study used preexisting student and parent surveys to examine cyberbullying in two rural middle schools. This study was guided by the social dominance theory, which says that individuals establish themselves in social hierarchies, and by the social-ecological framework theory, which suggests that behavior is influenced by many related systems. This study identified the rates of occurrence of methods used for cyberbullying, types of Internet access available, parental awareness, intervention, and resolution of cyberbullying issues. A simple random sample of 162 parents and 213 students completed the survey. Compared to national results, more local students (9.9%) admitted cyberbullying in …

Mass School Shootings: Predicting The Usage Of Firearms In Acts Of School Violence, Melanie A. Hart

College of Graduate Studies: Theses & Dissertations

Due to increased media attention and associated fear, school shootings have become a major concern for the public. Attempts to predict and prevent shootings have been developed by a variety of government agencies such as the Center for Disease Control and Prevention and the Federal Bureau of Investigation. A psychological profile, however, has yet to be established. This study uses demographic and behavioral characteristics of perpetrators and school characteristics to predict the likelihood of a perpetrator’s usage of firearms. A total of 345 perpetrators of mass school violence incidents are examined, including 266 who used firearms. White perpetrators and those …

Pbis Faculty Ownership And Buy-In From Implementation To Emergent/Operational, Chris Briggs, Lauren Flanagan, Cris Craft, Jaunessa Jackson, Jill Braswell, Pete Alexander, Heidi Thompson, Donna Boggs

Georgia Association for Positive Behavior Support Conference

This presentation will discuss the intricacies involved in ensuring staff ownership during implementation through emergent and into operational stages with the PBIS process. The goal of the PBIS team was that staff would embrace, implement and use PBIS with fidelity.

The PBIS team worked diligently to form a plan of introduction and implementation that would ultimately lead to positive change in faculty behavior. It was vital to our team that staff full invest in PBIS and the positive culture change it would bring to our program and student achievement.

This presentation will explore the advanced planning, staff training, staff incentives …

Georgia Southern University Fact Book, Georgia Southern University

Georgia Southern Fact Books (1976-2022)

No abstract provided.

2014 Aasu Men's Basketball Guide, Armstrong State University

Armstrong Athletics: Men's Basketball Records (Archived)

No abstract provided.

Law Firm Internships And The Making Of Future Lawyers: An Empirical Study In Singapore, Seow Hon Tan

Research Collection Yong Pung How School Of Law

This article examines the findings of an empirical study of law students from the Singapore Management University on their internship experiences at private law firms. As internships are frequently undertaken by law students, it is necessary for stakeholders to understand their impact on the values and ideals of law students in relation to the law and legal practice. This article seeks to increase the consciousness of law school educators, lawyers, and the professional bar about how law firm internships are contributing to the making of future lawyers, so as to facilitate the reflection by these parties as to their roles …

Advance (Spring 2014), Georgia Southern Division Of Continuing And Professional Education

Division of Continuing & Professional Education

No abstract provided.

2014 Fall Commencement, Georgia Southern University

Commencement Programs

No abstract provided.

Eagle Executive Magazine, Georgia Southern University

College of Business: News & Publications

• Dean’s Message
• College News
• Department News
• New Faculty Members
• Graduate Studies News
• Tailgates & Homecoming
• Alumni Spotlight
• Alumni Class Notes
• Development News
• Eagle Executive Society

Armstrong State University 2014 Fact Book, Armstrong State University

Armstrong Office of Institutional Research: Armstrong Fact Books (Archived)

No abstract provided.

2014-2015 Graduate Catalog, Armstrong State University

Armstrong Office of the Registrar: Graduate Catalogs (Archived)

Academic catalog for Armstrong Atlantic State University.

2014 - 2015 Undergraduate Catalog, Armstrong State University

Armstrong Office of the Registrar: Undergraduate Catalogs (Archived)

Academic catalog for Armstrong State University.

The Sexual History Polygraph Examination And Its Influences On Recidivism, Roger Cook, William Barkley, Peter B. Anderson

Journal of Sustainable Social Impact

The polygraph in postconviction sex offender testing is used to assist in the treatment and supervision of convicted sex offenders by more than 70% of the jurisdictions that supervise these offenders in the United States. Prior researchers have failed to convincingly demonstrate how the polygraph can be used to target risk behaviors and reduce recidivism. Consequently, the use of the sexual history polygraph examination (SHPE) has not been demonstrated to reduce recidivism. We sought answers as to how the SHPE influences the behaviors of sexual offenders required to undergo a SHPE, and whether or not there is a difference in …