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Sign Up Or Sign Off: Asia’S Reluctant Engagement With The International Criminal Court, Mark Findlay

Research Collection Yong Pung How School Of Law

The International Criminal Court argues that there is a need to achieve universal ratification so that the majority of mankind will no longer remain outside the protection of the ICC. In the Asia/Pacific region there is a relatively low accession rate of nation states to the Rome Statute. This paper proposes a taxonomy of resistance to ratification in the region, recognising that in speculating on the reasons for resistance to the ratification of international criminal justice, local to the global across Asia and the Pacific, there is a risk in both over emphasising cultural and political difference while at the …

Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele

Scholarly Works

This article is an edited transcript of an interview with Fred Rooney, currently the Director of the International Justice Center for Post-Graduate Development at Touro Law Center. As the inaugural director of the City University of New York (CUNY) School of Law’s Community Legal Resource Network (CLRN), Mr. Rooney pioneered the first law-school based legal incubator. In this interview he discusses the creation of the CLRN, the evolution and growth of legal incubators, and his experience launching the Community Legal Services Center (Centro Comunitario de Servicios Legales or CECSEL) at the Autonomous University of Santo Domingo (UASD) in the Dominican …

Civil Rights In Crisis: The Racial Impact Of The Denial Of The Sixth Amendment Right To Counsel, Richard Klein

Scholarly Works

Whereas in 2013 there had been widespread celebration of the fiftieth anniversary of the landmark Supreme Court decision in Gideon v. Wainwright, much has been written in subsequent years about the unhappy state of the quality of counsel provided to indigents. But it is not just defense counsel who fail to comply with all that we hope and expect would be done by those who are part of our criminal courts; prosecutorial misconduct, if not actually increasing, is becoming more visible. The judiciary chooses to focus on the rapid processing of cases, often ignoring the rights of those being prosecuted …

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

Scholarly Works

American Indian adolescents in Montana are caught in a school-to prison 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. 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 …

Minus 25 Betty Tyson, Taunja Isaac

Theses

Betty Tyson was convicted of murder in May 1973 in Rochester, NY. She was sentenced to 25 years to life in prison. Her trial was hasty and the jury of peers she faced was all white. The evidence against her was tainted yet she was still found guilty. I was 9 years old when I first heard this story. When I decided to pursue my Master in Fine Art, I remembered this story and wanted to use my journalism instincts that I developed during my undergraduate degree at SUNY Brockport. I approached my thesis committee for approval to pursue this …

The Language Of Mens Rea, Kenneth Simons, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie

Faculty Scholarship

This article answers two key questions. First: Do jurors understand and apply the criminal mental state categories the way that the widely influential Model Penal Code (MPC) assumes? Second: If not, what can be done about it?

Capital Defenders As Outsider Lawyers, Kathryn A. Sabbeth

Faculty Publications

No abstract provided.

Community Media As A Forum For Resistance: The Case Of The Romero Theater Troupe, Michael Kilman

Anthropology Theses

Over the past several decades, mainstream mass media is increasingly becoming a conduit for the consolidation of political power and not as a vehicle to support and maintain democracy. Representing aspects of a western homogenous culture, mainstream mass media often lacks a means for local representation and can obscure coverage of important local and community issues related to social justice and the effects of structural violence. The Romero Theater Troupe in Denver, Colorado serves as an example of community media that acts as a network of local resistance. The Troupe uses community members instead of actors and a consensus model …

Not Just A Women’S Issue: How Male Undergraduate Students Understand Their Development As Social Justice Allies For Preventing Men’S Violence Against Women, Alexandra M. Minieri

Theses and Dissertations--Educational, School, and Counseling Psychology

Men’s violence against women includes acquaintance rape, intimate partner violence, sexual assault, and partner stalking and occurs at particularly high rates on college campuses (Fisher, Cullen, & Turner, 2000). Although men are increasingly becoming involved in efforts to prevent these forms of violence, little is known about their motivation and the processes that lead to their involvement. The purpose of this project was to examine how undergraduate male students become social justice allies involved in preventing men’s violence against women. The theoretical frameworks of this study included transformative learning theory (Mezirow, 1997, 2000) and feminist theory (Worell & Remer, 2003). …

Articulation Agreements: Academic Success, Persistence And Graduation From Online And Face-To-Face Degree Completion Programs, Darnette Hall

Doctoral Dissertations and Projects

The purpose of this causal-comparative study is to examine whether differences exist in the retention and persistence of articulation participants based on face-to-face or online degree completion. The study will determine the rate of completion of articulation participants who transfer from a North Carolina Community College to a state university in North Carolina and enroll in traditional face-to-face classes versus articulation participants who enroll in online degree completion. There is considerable literature on articulation from the perspective of student satisfaction and an administrator's perception. Substantial research on policies and procedures as well as comparison to native and transfer students. There …

Dating Violence On Small Rural College Campuses: Are Administrator And Student Perceptions Similar?, Jean Allen Oldham

Theses and Dissertations--Kinesiology and Health Promotion

In recent years dating violence has become more and more prevalent on college campuses. Reports of the range of dating violence vary widely, with studies reporting from 20% to 85% of college women experiencing dating violence. However, almost all research has been conducted among urban and/or large colleges and universities, with virtually no attention to what is happening on small and/or rural college and university campuses.

When a possible 20% of college women have experienced dating violence on college campuses, there becomes a crucial need for administration at a college to have an accurate assessment of the college’s liability, and …

Behind The Mirrors: Examining The Role Of African American Cosmetologists And Salons In Domestic Violence Advocacy And Education, Pangela H. Dawson

Theses and Dissertations--Educational Policy Studies and Evaluation

African American beauty salons across the country have historically served as settings for social interaction, political activism, and community organizing in the African American community. These settings often offer opportunities for intimacy between cosmetologists and their clients. Research findings suggest that the unique bonds between women in salons can be a viable option when providing health intervention and education to large numbers of women. Data indicates that salon campaigns and promotions which focused on health issues such as stroke and diabetes education, breast and cervical cancer awareness, healthy living, and smoking cessation, have been efficacious in changing unhealthy habits or …

A Meal Denied, Sarah Kolac

LSU Master's Theses

The photographs in the series A Meal Denied offer a unique portrait into the lives of individuals currently serving as Texas Death Row inmates. In 2011, due to an extravagant meal request by an inmate, Senator John Whitmire sought to put an end to the last meal requests in Texas. Whitmire stated, "It is extremely inappropriate to give a person sentenced to death such a privilege." However, I disagree with Whitmire; every inmate on Death Row should not be denied one of the only choices they will perhaps ever have during their incarceration in prison due to one particular inmates' …

Vocabulary Matching : Potential For A Diagnostic Performance Indicator, Jodie Schraven

LSU Doctoral Dissertations

Predictive validity was explored between vocabulary matching (VM) probe scores and the integrated Louisiana Education Assessment Program (iLEAP) social studies standardized subtest score for 224 sixth-grade students across demographic categories from one rural southeastern Louisiana school district. Multiple Linear Regression (MLR) conducted in the Statistical Package for the Social Sciences (SPSS, 2007) produced Pearson correlations between .51 and .70 for five benchmark probes for the entire sample. Predictive cutscores created using Receiver Operating Characteristic (ROC) curve analyses and a diagnostic accuracy application software program illustrated that VM cutscores did not correctly predict which students would pass or fail with enough …

Did The National Security Agency Destroy The Prospects For Confidentiality And Privilege When Lawyers Store Clients' Files In The Cloud--And What, If Anything, Can Lawyers And Law Firms Realistically Do In Response?, Sarah Jane Hughes

Articles by Maurer Faculty

No abstract provided.

Pressure To Plead: How Case-Management Mediation Will Alter Criminal Plea-Bargaining, Taylor C. Leonard

Journal of Dispute Resolution

This note first discusses the facts and proceedings in Milligan. Next, it explores the history and importance of plea-bargaining in the United States and how mediation has slowly become a part of criminal proceedings. Next, this note examines the Milligan court's reasoning for upholding the mediation plea bargain at issue in that case, in light of the legal landscape concerning ADR and the criminal justice system. Finally, this note argues in favor of using case-management mediation in criminal plea negotiations, and explores the proper methods and procedures to make these mediations successful.

The Frontal Bone As A Proxy For Sex Estimation In Humans: A Geometric Morphometric Analysis, Lucy Ann Edwards Hochstein

LSU Master's Theses

Physical anthropologists have a toolkit for determining sex from skeletal remains composed of visual and metric techniques concerning the pelvis and the skull. However, complete elements are not always available and results can be indeterminate. The present study combines visual assessment of the skull with statistical methods of shape analysis, geometric morphometrics, to reach a better understanding of how cranial variation of the frontal bone is influenced by sex. The three-dimensional coordinates of frontal bone curvatures of 204 skulls from the Terry Collection were collected using a Microscribe digitizer. These data were used to assess the ability of this technique …

"Strike Me If You Dare": Intimate-Partner Violence, Gender, And Reform, 1865-1920, Ashley Baggett

LSU Doctoral Dissertations

Between 1865 and 1920, new gender expectations in the postbellum period, as well as the willingness to use the state to intervene in marriages led to social and legal reform that provided a mechanism to empower women and enforce their right to be free from violence. Women emerged from the Civil War more aware about the drawbacks of dependency. The postbellum period also witnessed massive changes with industrialization, which enabled women to participate in what were previously considered male pursuits. With their new awareness and the changes of industrialization, women negotiated a new definition of womanhood, which included the right …

The Spatial-Temporal Prediction Of Various Crime Types In Houston, Tx Based On Hot-Spot Techniques, Shuzhan Fan

LSU Master's Theses

A series of hotspot mapping theories and methods have been proposed to predict where and when a crime will happen. Each method has its strengths and weaknesses. In addition, the predictive accuracy of each hotspot method varies depending on the study area, crime type, parameter settings of each method, etc. The predictive accuracy of hotspot methods can be quantified by three measures, which include the hit rate, the predictive accuracy index (PAI), and the recapture rate index (RRI). This thesis research applied eight hotspot mapping techniques from the crime analysis field to predict crime hotspot patterns. In addition, these hotspot …

Sexual Assault And The Meaning Of Power And Authority For Women With Mental Disabilities, Janine Benedet, Isabel Grant

All Faculty Publications

The sexual assault of persons with mental disabilities (also described as cognitive, intellectual and developmental disabilities) occurs at alarmingly high rates worldwide. These assaults are a form of gender-based violence intersecting with discrimination based on disability. Our research on the treatment of such cases in the Canadian criminal justice system demonstrates the systemic barriers these victims face at the level of both substantive legal doctrine and trial procedure. Relying on feminist legal theory and disability theory, we argue in this paper that abuses of trust and power underlie most sexual assaults of women with mental disabilities. We argue that existing …

Opt-Out Education: School Choice As Racial Subordination, Osamudia James

Faculty Publications

No abstract provided.

Incompetent But Deportable: The Case For A Right To Mental Competence In Removal Proceedings, Fatma E. Marouf

Scholarly Works

Important strides are currently being made toward increasing procedural due process protections for noncitizens with serious mental disabilities in removal proceedings, such as providing them with competency hearings and appointed counsel. This Article goes even further, arguing that courts should recognize a substantive due process right to competence in removal proceedings, which would prevent those found mentally incompetent from being deported. Recognizing a right to competence in a quasi-criminal proceeding such as removal would not be unprecedented, as most states already recognize this right in juvenile adjudication proceedings. The Article demonstrates that the same reasons underlying the prohibition against trial …

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

Scholarly Works

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 …

Using Outcomes To Reframe Guilty Plea Adjudication, Anne R. Traum

Scholarly Works

The Supreme Court’s 2012 decisions in Lafler v. Cooper and Missouri v. Frye lay the groundwork for a new approach to judicial oversight of guilty pleas that considers outcomes. These cases confirm that courts possess robust authority to protect defendants’ Sixth Amendment right to the effective assistance of counsel and that plea outcomes are particularly relevant to identifying and remedying prejudicial ineffective assistance in plea-bargaining. The Court’s reliance on outcome-based prejudice analysis and suggestions for trial court-level reforms to prevent Sixth Amendment violations set the stage for trial courts to take a more active, substantive role in regulating guilty pleas. …

Health Care Reform And Efforts To Encourage Healthy Behavior By Individuals, David Orentlicher

Scholarly Works

No abstract provided.

This Is Your Sword: How Damaging Are Prior Convictions To Plaintiffs In Civil Trials?, Kathryn M. Stanchi, Deirdre Bowen

Scholarly Works

The conventional wisdom in law is that a prior conviction is one of the most powerful and damaging pieces of evidence that can be offered against a witness or party. In legal lore, prior convictions seriously undercut the credibility of the witness and can derail the outcome of a trial. This Article suggests that may not always be true.

This Article details the results of an empirical study of juror decision-making that challenges the conventional wisdom about prior convictions. In our study, the prior conviction evidence did not have a direct impact on the outcome of the civil trial or …

Understanding Women In Prison: A Review Of Gender Specific Needs And Risk Assessments And Their Policy And Research Implications, Elise Barlow

University Honors Theses

In the last 30 years, the number of women in the criminal justice system has risen significantly, yet the criminal justice system still bases much of its policy on empirical research conducted on a majority male subjects. Risk and need assessments, generally used to categorize inmates into varying risk levels to lower recidivism, have been faulted by many feminist scholars for having little pertinence for women. Their lack of gender sensitive factors has left many scholars questioning their validity. Available correctional programs are based on the knowledge collected by those who are supportive of these "gender neutral" assessments. Because of …

Theorizing More Inclusive Cities: A Relational Model Of Boundary Transformation And Urban Research Agenda, Leigh Graham

Publications and Research

To generate more inclusive environments for marginalized urban communities of color demands a strategy that privileges symbolic boundary change and uses it as the inroad towards spatial changes. This paper theorizes a three step relational process of a) communicative democratic activism, b) "multicultural" capital brokers providing access to the policy making process, and c) practices of community building that reflect the role of cities as key sites for sociospatial boundary transformation. An emphasis on discursive and ideational change, relying on communicative democratic processes steeped in historical, comparative analysis opens up our minds towards different classification schemes for stigmatized groups. Participating …

Proceedings Of The 1st Annual Cuny Games Festival, Robert O. Duncan, Joe Bisz, Francesco Crocco, Carlos Hernandez, Kathleen Offenholley, Leah Potter, Maura A. Smale, Cuny Games Network

Publications and Research

Proceedings of the CUNY Games Conference, held from January 17-18, 2014, at the CUNY Graduate Center and Borough of Manhattan Community College.

Topics in Game Design - Teaching with Virtual and Augmented Realities - Writing with Games - Breaking the Magic Circle: Games & Real Life - Interactive Game Design (What's Your Game Plan? - Designing Ethical Games - Games and Gender - Gaming English Language and Literature - Game, Narrative, Literacy - Teaching with Games - Games, Storytelling, and Narrative - Games and STEM - Learning by Design - Students as Game Designers - Experiencing Reality in Popular Games …

Patent Demands & Startup Companies The View From The Venture Capital Community, Robin Feldman

Faculty Scholarship

No abstract provided.