Digital Commons Network^™

Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar

Faculty Scholarship

No abstract provided.

Scholarworks Statistics - January Through December 2015, Scholarworks

ScholarWorks Reports

During 2015, ScholarWorks recorded a total of 339,066 full-text and additional file downloads and 144,173 page views.

Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss

Catholic University Journal of Law and Technology

No abstract provided.

Internal Policing Of The Enduring Issue Of Racism In Professional Team Sports, Chris Davies, Neil Dunbar

The University of Notre Dame Australia Law Review

The issue of racism is one that is covered by both international treaties and domestic legislation. Most major sports, however, now have internal regulations, usually reflecting the treaties and legislation. Case studies from Australian, English and European sport, in particular, football, basketball, cricket and rugby league, indicate that the internal regulations have been effective in dealing with racism issues in those sports. The issues have involved players, managers, coaches, owners, officials and spectators, with the latter representing the main problem area for sport. The reasons for this are that it can be harder to identify the culprits and there is …

From Cause To Responsibility: R2p As A Modern Just War, Zamaris Saxon, Lara Pratt

The University of Notre Dame Australia Law Review

This article examines the relationship between just war theory and the modern principle of responsibility to protect (R2P). In the absence of the principle’s clear use as a justification for the use of force, this article considers two situations which prompted debate about the applicability of the principle - the UN Security Council authorised no-fly-zone in Libya in 2011 and the decision not to use force in Syria in 2012. The article’s core message is that the debates about R2P suggest that rather than view R2P as a ‘new’ principle of international law, it should be viewed as a modern …

Touch Dna In A Complicated Alleged Child Abuse Case, Heather Miller Coyle

Forensic Science Publications

Touch DNA can be of use in establishing what may have occurred through reconstruction of events based on biological evidence transfer. However, interpretation of results and patterns must be approached with some caution as in the alleged child abuse case detailed here. This case was brought forward as a touch DNA and body fluid case where the male in question was a father reported to have forced a young child to perform oral sex on him. Her pajamas were collected and evaluated for presence of body fluids and associated DNA. The sleeves of the pajamas tested positive for amylase, a …

Threading Together Abuse Of Process And Exclusion Of Evidence: How It Became Possible To Rebuke Mr. Big, Steve Coughlan

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This article argues that the objections to the Mr. Big investigation technique have been apparent since the very first use of it over a century ago, but that the law has not had the tools to give legal form to those objections until quite recently. The article traces the development of the abuse of process doctrine (from “none at all” to “forward-looking only” to “backward-looking as well”) and of exclusion of evidence (from “none at all” to “only for Charter breaches” to “for non-Charter breaches as well”). Based on that discussion, it argues that it is only in the past …

Law, Politics And Legacy Building At The Mclachlin Court In 2014, Jamie Cameron

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This article was written for Osgoode Hall Law School’s annual Consti- tutional Cases conference, and provides the keynote overview of the McLachlin Court’s 2014 constitutional jurisprudence. The Court’s 2014 constitutional decisions (Appointment and Senate References; Tsilhqot’in Nation; Trial Lawyers) and restrictions on Mr. Big operations (Hart), in combination with a tsunami of Charter decisions early in 2015 (the 2015 Labour Trilogy; Carter v. Canada; R. v. Nur; and others), made this a legacy-building year. More than an overview, this Article probes the nature of the McLachlin Court’s legacy this year and the relationship between legal and political dynamics, to ask: …

The Recognition Of Prosecutorial Obligations In An Era Of Mandatory Minimum Sentences Of Imprisonment And Over-Representation Of Aboriginal People In Prisons, Marie Manikis

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In Canada, recent decisions have reaffirmed the almost unfettered discretionary power of prosecutors, and in Anderson the Supreme Court has also decided that prosecutors, unlike judges, do not have a constitutional obligation to consider the principle of proportionality, including Aboriginal status, when making decisions that trigger mandatory minimums and reduce the sentencing options available for judges. The Court found that the role of prosecutors is substantially different than the role of judges, highlighting that the prosecutorial function does not include sentencing, and that prosecutorial discretion should generally be protected from judicial oversight. One may wonder whether this is a realistic …

Hospital Knows Best: Court And Unfit Accused At The Mercy Of Hospital Administrators: The Case Of R. V. Conception, Suzan E. Fraser

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This article analyzes the Supreme Court’s 2014 decision in R. v. Conception which considered the treatment order provisions of the Criminal Code, finding that a court may not make a forthwith treatment order without the consent of the hospital except in rare cases where a delay would breach the accused’s rights under the Canadian Charter of Rights and Freedoms (Charter). This article argues that the case represents a departure from three decades of legal developments in the sphere of civil and forensic mental health law unified by the principles of restraint and oversight. Further, the article suggests that the decision …

Admissions Report - Detailed Data - December 2015, Office Of Institutional Research & Effectiveness, Wright State University

Admissions Reports

Detailed report of applicants to Wright State including data on county of residency, intended major, and ethnicity for Fall Semester 2015.

State Of Utah, Plaintiff And Appellee, V. Johnny Brickman Wall, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable James T. Blanch, District Court No. 131903972

Johnny Wall is incarcerated.

Oral Argument Requested

Benjamin Arriaga, Petitioner And Appellant, V. State Of Utah, Respondent And Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF THE APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable Charlene Barlow, District Court No. 120404690

Mr. Arriaga is currently incarcerated.

ORAL ARGUMENT REQUESTED

A Sufficiency-Of-The-Evidence Exception To The New York Appellate Preservation Rule, Matthew Bova

City University of New York Law Review

No abstract provided.

Radtalks: What Could Be Possible If The Law Really Stood For Black Lives?, Purvi Shah, Colette Pichon Battle, Vincent Warren, Alicia Garza, Elle Hearns, Carl Williams, Norris Henderson, Umi Selah, Maurice Mitchell

City University of New York Law Review

A Series of Talks Delivered at the Law for Black Lives Convening, Organized by the Bertha Justice Institute at the Center for Constitutional Rights

Explaining Crimmigration In Indonesia: A Discourse Of The Fight Against People Smuggling, Irregular Migration Control, And Symbolic Criminalization, Anugerah Rizki Akbari

Indonesia Law Review

Controlling migration in the world's largest archipelago brings various challenges to Indonesian authorities that differ from other countries. The difficulties become even more complicated since Indonesia has been known as the most favorite transit country for people who want to migrate to Australia due to its strategic geographical location, which is situated between the continents of Asia and Australia and between the Pacific and Indian oceans. Following this, the decision of choosing the mechanism of criminal law to deal with irregular migration from the start leads Indonesia to its acknowledgment as a country who is vulnerable to the trend of …

State Of Utah, Plaintiff And Appellee, V. Johnny Brickman Wall, Defendant And Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable James T. Blanch, District Court No. 131903972

Johnny Wall is incarcerated.

Oral Argument Requested

The Long Road Back, Brooke Williams

Capstones

This project is a documentary film about the criminal case of Lorenzo Johnson. Johnson was convicted of a murder in the mid-90s and sentenced to life imprisonment in the state of Pennsylvania. Johnson has always maintained his innocence. In 2012, a federal appeals court sided with Johnson and released him. He returned to his home state of New York to speak out against wrongful convictions. However, less than 6 months later, the Supreme Court decided Johnson's original conviction should be upheld and he was forced to return to prison to serve the remainder of his life without the possibility of …

Police Misconduct Towards The Transgender Community, Carlotta Mohamed

Capstones

Kristen Lovell, a black transgender woman and activist, takes precautions everyday as she rides the subway from the Bronx to Manhattan for work. “I know there are people who are intolerant of trans people or have some chip on their shoulder because I exist, and I’m a firm believer in self-defense,” said Lovell, 35, program coordinator at the Metropolitan Community Church of New York. “It could be because I’m black, it could be because I’m trans...they just feel like slicing my face today. I don’t know."

Mixed Migration By Sea : Different Perspectives And The Solutions, Boitumelo Olga Mano

World Maritime University Dissertations

The dissertation is a study of the phenomenon of mixed migration by sea, the different instruments which govern the phenomenon, the enforceability of these instruments, the implications which the phenomenon has and the solutions to migration by sea. The history of migration is briefly looked at as well as the history of the legal instruments and salient international organizations which were created at the time. The definition of the different terms used to refer to migration by sea are examined, taking into consideration the different perspectives which migration by sea can be viewed from. The different applicable legal instruments are …

The Influence Of Presidential Rhetoric On Public Perception Of Drugs And The Government’S Handling Of The "War On Drugs" In The United States, Nolan Kuenzi

University Honors Theses

There has been a massive rise in the prison population over the last several decades, in the United States, due to the ongoing "War on Drugs." This "War on Drugs" has had an especially negative impact on poor and minority communities. In order to better understand why this "War on Drugs" has occurred this thesis illustrates the potential mechanisms through which the drug related rhetoric of presidents might have influenced the public's perception of the drug issue and the government’s handling of it in the United States. To illustrate these mechanisms a literature review related to this topic is completed …

The Murray Ledger And Times, December 30, 2015, The Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.

Engaging Children And Families In Culturally Relevant Literacies, Patricia Piña, Kindel T. Nash, Alicia Boardman, Bilal Polson, Leah Panther

Journal of Family Strengths

This article offers theoretical and practical strategies for engaging families, communities, and young children in culturally relevant and responsive early literacies. The authors highlight findings from data collected in their own classrooms and with families and communities for the Professional Dyads in Culturally Relevant (PDCRT) teaching project,[1] a collaborative research partnership (2013-2015) between teacher educator-teacher dads [2] aimed at generating, investigating, and documenting culturally relevant/responsive practices for early childhood contexts.

[1]The PDCRT was initiated by Affirmative Action Committee of the Early Childhood Education Assembly of the National Council of Teachers of English (NCTE).

[2]University-School Partners

Big Read: Collaborations Between A University And A Community, Chris Birchak, Keri Bell, Rachel Dickson, Vida Robertson, Leigh Van Horn

Journal of Family Strengths

University and community partners write about their collaborations around the reading of Ernest Gaines’ A Lesson Before Dying. When an urban university received a National Endowment of the Arts Big Read Grant, they immediately began making connections to existing key initiatives within the university and in the surrounding community. As the partners collaborated within and among the university and community programs and events created for the Big Read they made multiple discoveries regarding the importance of planning together, analyzing the intended audience for each program and event, including multiple ways to access the text, and considering the ways that readers …

Ethics Of Thai Politicians, Wariya Chinwanno, Thitarree Sirisrisornchai

Asia-Pacific Social Science Review

No abstract provided.

‘Tell Your Own Story’: Manhood, Masculinity And Racial Socialization Among Black Fathers And Their Sons, Quaylan Allen

Education Faculty Articles and Research

This study examines how black fathers and sons in the U.S. conceptualize manhood and masculinity and the racial socializing practices of black men. Drawing upon data from an ethnography on Black male schooling, this paper uses the interviews with fathers and sons to explore how race and gender intersect in how Black males make meaning of their gendered performances. Common notions of manhood are articulated including independence, responsibility and providership. However, race and gender intersect in particular ways for black men. The fathers engaged in particular racial socializing practices preparing their sons for encounters with racism. Both fathers and sons …

5 Legal Developments You May Have Missed In 2015, Donald Roth

Faculty Work Comprehensive List

Posting summarizing important, but less headline-making, developments in American law during the past year from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/5-legal-developments-you-may-have-missed-in-2015/

Justice In America: Diverting The Mentally Ill, Matthew J. D'Emic

City University of New York Law Review

No abstract provided.

Marijuana Legalization. Initiative Statute.

Initiatives

Legalizes marijuana under state law. Creates commission to regulate and license marijuana industry. Applies general retail sales taxes to marijuana, unless medical or dietary exemptions apply. Permits excise taxes on certain marijuana sales, up to 15% of retail price, and storage, up to 10% of wholesale price. Prohibits discrimination based on marijuana use. Restricts marijuana testing for job applicants and employees, or penalizing employees for off-duty use, unless they are in safety-sensitive occupations. Permits local regulation of marijuana businesses, including ban or limit on number with voter approval. Exempts medical marijuana collectives from licensing requirements. Summary of estimate by Legislative …

Marijuana Legalization. Initiative Statute.

Initiatives

Legalizes marijuana under state law. Creates commission to regulate and license marijuana industry. Applies general retail sales taxes to marijuana, unless medical or dietary exemptions apply. Permits excise taxes on certain marijuana sales, up to 15% of retail price, and storage, up to 10% of wholesale price. Prohibits discrimination based on marijuana use. Restricts marijuana testing for job applicants and employees, or penalizing employees for off-duty use, unless they are in safety-sensitive occupations. Permits local regulation of marijuana businesses, including ban or limit on number with voter approval. Exempts medical marijuana collectives from licensing requirements. Summary of estimate by Legislative …