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2015

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One Significant Step: How Reforms To Prison Districts Begin To Address Political Inequality, Erika L. Wood Dec 2015

One Significant Step: How Reforms To Prison Districts Begin To Address Political Inequality, Erika L. Wood

University of Michigan Journal of Law Reform

Skyrocketing rates of incarceration over the last three decades have had profound and lasting effects on the political power and engagement of local communities throughout the United States. Aggressive enforcement practices and mandatory sentencing laws have an impact beyond the individuals who are arrested, convicted, and incarcerated. These policies have wide-ranging and enduring ripple effects throughout the communities that are most heavily impacted by criminal laws, predominantly urban and minority neighborhoods. Criminal justice policies broadly impact everything from voter turnout and engagement, to serving on juries, participating in popular protests, census data, and the way officials draw legislative districts. The …

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Foreword: Legal Malpractice Is No Longer The Profession’S Dirty Little Secret, Susan Saab Fortney Dec 2015

Foreword: Legal Malpractice Is No Longer The Profession’S Dirty Little Secret, Susan Saab Fortney

Hofstra Law Review

No abstract provided.

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The Ethical Limits Of Discrediting The Truthful Witness: How Modern Ethics Rules Fail To Prevent Truthful Witnesses From Being Discredited Through Unethical Means, Todd A. Berger Dec 2015

The Ethical Limits Of Discrediting The Truthful Witness: How Modern Ethics Rules Fail To Prevent Truthful Witnesses From Being Discredited Through Unethical Means, Todd A. Berger

Marquette Law Review

Whether the criminal defense attorney may ethically discredit the truthful witness on cross-examination and later during closing argument has long been an area of controversy in legal ethics. The vast majority of scholarly discussion on this important ethical dilemma has examined it in the abstract, focusing on the defense attorney’s dual roles in a criminal justice system that is dedicated to searching for the truth while simultaneously requiring zealous advocacy even for the guiltiest of defendants. Unlike these previous works, this particular Article explores this dilemma from the perspective of the techniques that criminal defense attorney’s use on cross-examination and …

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Understanding The Judicial Conference Committee On International Judicial Relations, Sam F. Halabi, Nanette K. Laughrey Dec 2015

Understanding The Judicial Conference Committee On International Judicial Relations, Sam F. Halabi, Nanette K. Laughrey

Marquette Law Review

Since 1993, the Judicial Conference Committee on International Judicial Relations has coordinated outreach and exchange activities of the federal judiciary in support of rule-of-law initiatives. While the Federal Judicial Center has endeavored to publicize the Committee’s work, and members of the Committee have on occasion written and spoken about their work for the Committee, the scholarly treatment of the Committee remains sparse. What discussion does exist in the academic literature tends to depict the Committee in one of two ways. First, the Committee formed in response to the emergence of newly independent states after the 1991 Soviet collapse. Those states …

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Disciplinary Segregation: How The Punitive Solitary Confinement Policy In Federal Prisons Violates The Due Process Clause Of The Fifth Amendment In Spite Of Sandin V. Conner, Grant Henderson Dec 2015

Disciplinary Segregation: How The Punitive Solitary Confinement Policy In Federal Prisons Violates The Due Process Clause Of The Fifth Amendment In Spite Of Sandin V. Conner, Grant Henderson

Marquette Law Review

In 1995, the Supreme Court decided Sandin v. Connor, which held inmates did not have a protected liberty interest requiring due process before being placed in solitary confinement. With the increasing problems in the criminal justice systems nationwide, or perhaps a renewed interest in those problems, the public has turned its attention to the plight of the incarcerated. This Comment seeks to flush out the reasoning the Court provided in Sandin and understand the impacts of the “atypical and significant hardship” on subsequent prisoner litigation, chiefly involving solitary confinement. Following the legal analysis of cases, this Comment will view …

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Street Sex Workers’ Discourse: Realizing Material Change Through Agential Choice By Jill Mccracken, Routledge, 2013, Elizabeth C. Britt Dec 2015

Street Sex Workers’ Discourse: Realizing Material Change Through Agential Choice By Jill Mccracken, Routledge, 2013, Elizabeth C. Britt

Wagadu: A Journal of Transnational Women's & Gender Studies

Street Sex Workers’ Discourse: Realizing Material Change through Agential Choice by Jill McCracken, Routledge, 2013

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Foreword: Private And Public Revisited Once Again, Mark A. Graber Dec 2015

Foreword: Private And Public Revisited Once Again, Mark A. Graber

Maryland Law Review

No abstract provided.

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The War On Drugs: An Analysis Of The Rhetoric According To Richard Weaver’S Theory Of Ultimate Terms, Cristina Peniche Dec 2015

The War On Drugs: An Analysis Of The Rhetoric According To Richard Weaver’S Theory Of Ultimate Terms, Cristina Peniche

Masters Theses

The language associated with President Nixon’s ‘war on drugs’ has sparked considerable debate in the political struggle against narcotics' abuse and crime, as well as within scholarly research. There is a language associated with the debate and it reflects the primary considerations of policy makers- economics, criminal behavior, and morality. The present study discusses these qualities as well as the rhetorical ideas of Richard Weaver, specifically his theory of ultimate terms. Then, discussions within research show the discontent that scholars bear towards narcotics'-related language. Specifically, there is concern that the rhetoric may stigmatize certain populations and hinder better outcomes. As …

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Are Children's False Memories Driven By Conceptual Or Perceptual Factors?, Alexandra Hodgson Dec 2015

Are Children's False Memories Driven By Conceptual Or Perceptual Factors?, Alexandra Hodgson

The Plymouth Student Scientist

Using the Deese/Roediger-McDermott (DRM) paradigm we examined the effects of perceptual (distinctiveness) and conceptual (backward associative strength) factors on the generation of false memories in 5 and 7-year-old children. Participants were randomly assigned to either the perceptually similar (just black or white pictures) or dissimilar condition (alternating black and white with colour pictures). For both conditions, these pictures were also high or low in backward associative strength. We hypothesised that false memories would be influenced by age, perceptual similarity and conceptual factors interacting. Results showed that true memories increased with age. False memories in 5 year olds not only extended …

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Lethal And Legal? The Ethics Of Drone Strikes, Shima D. Keene Dr. Dec 2015

Lethal And Legal? The Ethics Of Drone Strikes, Shima D. Keene Dr.

Books, Monographs & Collaborative Studies

While supporters claim that drone warfare is not only legal but ethical and wise, others have suggested that drones are prohibited weapons under International Humanitarian Law (IHL) because they cause, or have the effect of causing, indiscriminate killings of civilians, such as those in the vicinity of a targeted person. The main legal justification made by the Barack Obama Administration for the use of armed drones is self-defense. However, there is ambiguity as to whether this argument can justify a number of recent attacks by the United States. In order to determine the legality of armed drone strikes, other factors …

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Good Enough To Be Getting On With? The State Of Federal Sentencing Legislation, December 2015, Frank O. Bowman Iii Dec 2015

Good Enough To Be Getting On With? The State Of Federal Sentencing Legislation, December 2015, Frank O. Bowman Iii

Faculty Publications

This article traces the evolution of the sentencing reform debate in Congress in 2015. It summarizes and compares the six major pieces of sentencing legislation introduced in 2015. It describes the progression from con­ceptually simple, broadly applicable reforms of mandatory minimum sentences to the regime of complex and highly restrictive rules relaxing mandatory minimum sentences for a modest subset of federal defendants found in the bills that passed the Senate and House Judiciary Committees. The article summarizes some of the concerns voiced about he sentencing provisions of the various bills. Finally, it discusses the three pending bills relating to back-end …

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High Resolution Melt Analysis Of Samples With Differential Dna Methylation To Identify Tissue Source Of Origin, Stephanie M. Ledgerwood Dec 2015

High Resolution Melt Analysis Of Samples With Differential Dna Methylation To Identify Tissue Source Of Origin, Stephanie M. Ledgerwood

Master's Theses

In Forensic Science casework, identifying the source of a tissue can assist in crime scene reconstruction. Currently, presumptive testing methods to identify tissue type are utilized in crime scene laboratories, but there is a need for a more reliable confirmatory test for tissue type identification. High Resolution Melt (HRM) analysis is an innovative technology that has the potential to determine tissue types through variations in DNA methylation patterns. Recently, DNA methylation patterns have been found to correspond with specific tissue types in particular regions of DNA. Two markers, B_SPTB_03 and DDX4 have been effective in differentiating sperm from other tissue …

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New Mexico - Sexual Violence Free, Theresa Cruz, Julia Meredith Hess, Leona Woelk, Samantha Bear Dec 2015

New Mexico - Sexual Violence Free, Theresa Cruz, Julia Meredith Hess, Leona Woelk, Samantha Bear

Reports & Documents

New Mexico – Sexual Violence Free: A Statewide Strategic Plan for the Primary Prevention of Sexual Violence, 2015-2020, serves as a path toward ending sexual violence in our state. It provides a framework and establishes a vision, mission, goals, and objectives for moving primary prevention forward. The plan is meant to be used by agencies, organizations, universities, community coalitions, policy-makers, prevention professionals, and other individuals interested in reducing the burden of sexual violence (SV) in New Mexico.

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Criminal Justice At The Crossroads: Transforming Crime And Punishment By William R. Kelly, Columbia University Press, 2015, Gene Guerrero Dec 2015

Criminal Justice At The Crossroads: Transforming Crime And Punishment By William R. Kelly, Columbia University Press, 2015, Gene Guerrero

Wagadu: A Journal of Transnational Women's & Gender Studies

Criminal Justice at the Crossroads: Transforming Crime and Punishment by William R. Kelly, Columbia University Press, 2015

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Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho Dec 2015

Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho

West Virginia Law Review

No abstract provided.

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Police Blotter, Unlv Department Of Police Services Dec 2015

Police Blotter, Unlv Department Of Police Services

Police Blotter

No abstract provided.

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Shared Spatial Regulating In Sharing-Economy Districts, Michael N. Widener Dec 2015

Shared Spatial Regulating In Sharing-Economy Districts, Michael N. Widener

Seton Hall Law Review

No abstract provided.

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South Africa, Gordon A. Crews, Sara K. Green Dec 2015

South Africa, Gordon A. Crews, Sara K. Green

Criminal Justice Faculty Publications

Since the late 1990s, empirical evidence has strongly suggested a gradual increase in drug-related problems and substance abuse (illicit and prescription) in South Africa. Abuse of alcohol is still the primary issue, but other illegal drugs are a very close in any list of social ills for South Africa As in most parts of the world, issues and social problems associated with substance abuse continue to be exacerbated and perpetuated by socio-economic and developmental factors in South Africa. This issue is made worse by the fact that South Africa is one of the world’s largest producers of some illegal drugs …

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December 2015 Commencement Program, Bowling Green State University Dec 2015

December 2015 Commencement Program, Bowling Green State University

Commencement Programs

No abstract provided.

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Methodological Challenges To The Study And Understanding Of Solitary Confinement, Michael P. Harrington Dec 2015

Methodological Challenges To The Study And Understanding Of Solitary Confinement, Michael P. Harrington

Journal Articles

No abstract provided.

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Rethinking Janus: Preserving Primary-Participant Liability In Sec Antifraud Enforcement Actions, Greg Gaught Dec 2015

Rethinking Janus: Preserving Primary-Participant Liability In Sec Antifraud Enforcement Actions, Greg Gaught

Duke Law Journal

The Securities and Exchange Commission relies heavily on the securities laws’ antifraud provisions in fulfilling its role as watchdog of the U.S. securities markets. But the Supreme Court’s decision in Janus Capital Group, Inc. v. First Derivative Traders has frustrated the SEC’s efforts to keep fraud at bay. There the Court drastically narrowed the scope of actors who can qualify as primary participants in misrepresentations perpetrated in connection with the purchase or sale of securities under Rule 10b-5(b). This Note argues that Janus’s holding creates an incongruence in the SEC’s ability to enforce the securities laws’ misrepresentation provisions, with …

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Predicting Outcomes In Investment Treaty Arbitration, Susan D. Franck, Lindsey E. Wylie Dec 2015

Predicting Outcomes In Investment Treaty Arbitration, Susan D. Franck, Lindsey E. Wylie

Duke Law Journal

Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes. As the United States negotiates investment treaties with Asian and European countries, the terms of dispute settlement have become contentious. There is a vigorous debate about whether investment treaty arbitration (ITA) is an appropriate dispute settlement mechanism. While some sing the praises of ITA, others offer a spirited critique. Some critics claim that ITA is biased against states, while others suggest ITA is predictable but unfair due to factors like arbitrator identity or venue. Using data from 159 final cases derived …

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Incentives To Incarcerate: Corporation Involvement In Prison Labor And The Privatization Of The Prison System, Alythea S. Morrell Dec 2015

Incentives To Incarcerate: Corporation Involvement In Prison Labor And The Privatization Of The Prison System, Alythea S. Morrell

Master's Projects and Capstones

The United States has the highest incarceration rate in the entire world. The United States accounts for approximately 5% of the world’s population, yet it accounts for 25% of the world’s prisoners. Not only does the United States mercilessly incarcerate its own citizens, it disproportionately incarcerates African American and Latino men. This fact on its own is disturbing; however, when it is coupled with the fact that corporations profit from and lobby for an overly aggressive and ineffective criminal justice system, makes these statistics even more horrendous. Private prison companies such as Corrections Corporation of America and GEO Group admit …

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Nevada Legal Services: The Legal Services Corporation Restrictions And The Diminishing Capacity Of Access To Justice For The Poor, William Todd Ashmore Dec 2015

Nevada Legal Services: The Legal Services Corporation Restrictions And The Diminishing Capacity Of Access To Justice For The Poor, William Todd Ashmore

UNLV Theses, Dissertations, Professional Papers, and Capstones

The lofty idea of equal justice for all is not the reason legal aid began in the United States. Legal aid was born from the indignation over injustices committed against the poor. Unable to afford an attorney, the poor could not effectively assert their rights within the criminal and civil justice system. Without access to justice through the courts, the extralegal activities required to defend oneself and exact justice such as personally forcing an employer to pay rightful wages, are deemed criminal in most cases. By providing legal resources to the poor, legal aid not only brought order to society …

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The Utilization Of Client-Based Service-Learning Applications In Emergency Management Graduate Curricula For The 21st Century, Thomas J. Carey Iii Dec 2015

The Utilization Of Client-Based Service-Learning Applications In Emergency Management Graduate Curricula For The 21st Century, Thomas J. Carey Iii

Education Doctoral

This qualitative case study gathered perceptions from alumni, clients, and professors to gain insight into how essential client-based service learning is to the preparedness of emergency management professionals enrolled in the Masters in Public Administration Emergency and Disaster Management program at the Metropolitan College of New York. Criteria for participant selection included employment as emergency managers, three to five years of experience in the field of emergency management, and past direct involvement in a major disaster event. Data was captured using individual in-depth interviews of 13 participants. Two focus groups were utilized: one comprised three faculty members in the role …

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The Prospector, December 1, 2015, Utep Student Publications Dec 2015

The Prospector, December 1, 2015, Utep Student Publications

The Prospector

Headline: Graduation Issue 2015

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Substance Use Disorders, Comorbidity, And Arrest Among Indigenous Adolescents*, Kelley J. Sittner Hartshorn, Les B. Whitbeck, Patricia Prentice Dec 2015

Substance Use Disorders, Comorbidity, And Arrest Among Indigenous Adolescents*, Kelley J. Sittner Hartshorn, Les B. Whitbeck, Patricia Prentice

Department of Sociology: Faculty Publications

Indigenous adolescents are overrepresented at multiple stages of the justice system, but we know very little about the role that mental health, particularly substance use disorder, plays in Indigenous pathways to arrest. This study examined the association between substance use disorder, its comorbidity with other disorders, and arrest using a longitudinal sample of Indigenous youth from the Northern Midwest and Canada. Of the 16% of youth who reported at least one arrest at Wave 5, half met criteria for substance abuse/dependence, and slightly more for conduct disorder. Substance abuse/dependence and conduct disorder were each associated with an increased risk of …

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Synchronizing Oral History Text And Speech: A Tools Overview, Robin Camille Davis Dec 2015

Synchronizing Oral History Text And Speech: A Tools Overview, Robin Camille Davis

Publications and Research

This article explores three tools that synchronize sound and text for online oral history collections: the Oral History Metadata Synchronizer (OHMS), the Text Encoding Initiative (TEI), and YouTube. A detailed description and examples are given for each. Integrating audio/video recordings and transcripts enables searching and browsing, making oral histories more accessible and approachable.

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Tracking Enforcement Rates In New York City, 2003-2014. Report Presented To The Citizens Crime Commission., Preeti Chauhan, T. C. Warner, A. G. Fera, E. Balazon, O. Lu, M. Welsh, Jeremy Travis Dec 2015

Tracking Enforcement Rates In New York City, 2003-2014. Report Presented To The Citizens Crime Commission., Preeti Chauhan, T. C. Warner, A. G. Fera, E. Balazon, O. Lu, M. Welsh, Jeremy Travis

Publications and Research

"Our first report documented misdemeanor arrests in New York City and compared those trends to Upstate Cities in New York State (i.e., Albany, Buffalo, Rochester, Syracuse, and Yonkers) and the rest of New York State for over three decades. The first report, entitled Trends in Misdemeanor Arrests in New York, examined not only arrest rates but also examined charges, dispositions, and sentences. Our second report was entitled The Summons Report : Trends in the Issuance and Disposition of Summonses in New York City, 2003-2014. This report examined trends in issuance patterns by age and gender, charges, dispositions, and sentences. Similar …

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Blinding Prosecutors To Defendants’ Race: A Policy Proposal To Reduce Unconscious Bias In The Criminal Justice System, Sunita Sah, Christopher Robertson, Shima Baughman Dec 2015

Blinding Prosecutors To Defendants’ Race: A Policy Proposal To Reduce Unconscious Bias In The Criminal Justice System, Sunita Sah, Christopher Robertson, Shima Baughman

Faculty Scholarship

Racial minorities are disproportionately imprisoned in the United States. This disparity is unlikely to be due solely to differences in criminal behavior. Behavioral science research has documented that prosecutors harbor unconscious racial biases. These unconscious biases play a role whenever prosecutors exercise their broad discretion, such as in choosing what crimes to charge and when negotiating plea bargains. To reduce this risk of unconscious racial bias, we propose a policy change: Prosecutors should be blinded to the race of criminal defendants wherever feasible. This could be accomplished by removing information identifying or suggesting the defendant’s race from police dossiers shared …

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