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2015

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Brougham’S Ghost, Michael Ariens Feb 2015

Brougham’S Ghost, Michael Ariens

Northern Illinois University Law Review

In defending Queen Caroline in the House of Lords, Henry Brougham declared, “[a]n advocate, by the sacred duty of his connection with his client, knows, in the discharge of that office, but one person in the world, that client and none other.” Brougham’s ethic of advocacy has been cited repeatedly as stating the American lawyer’s duty of zealous representation of a client. It has often been called the “classic statement” of zealous representation and representing the “traditional view of the lawyer’s role.” This essay challenges these conclusions. Brougham’s rhetoric was neither a classic statement of the duty of loyalty to …


Admit Or Deny: A Call For Reform Of The Sec's "Neither-Admit-Nor-Deny" Policy, Priyah Kaul Feb 2015

Admit Or Deny: A Call For Reform Of The Sec's "Neither-Admit-Nor-Deny" Policy, Priyah Kaul

University of Michigan Journal of Law Reform

For four decades, the SEC’s often-invoked policy of settling cases without requiring admissions of wrongdoing, referred to as the “neither-admit-nor-deny” policy, went unchallenged by the courts, the legislature, and the public. Then in 2011, a harshly critical opinion from Judge Jed Rakoff in SEC v. Citigroup incited demands for reform of this policy. In response to Judge Rakoff’s opinion, the SEC announced a modified approach to settlements. Under the modified approach, the Commission may require an admission of wrongdoing if a defendant’s misconduct was egregious or if the public markets would benefit from an admission. Many supporters of the neither-admit-nor-deny …


Indemnification As An Alternative To Nullification, Robert A. Mikos Feb 2015

Indemnification As An Alternative To Nullification, Robert A. Mikos

Montana Law Review

No abstract provided.


Fast And Furious: The Influence Of Implicit Aggression, Premeditation, And Provoking Situations On Malevolent Creativity, Daniel J. Harris, Roni Reiter-Palmon Feb 2015

Fast And Furious: The Influence Of Implicit Aggression, Premeditation, And Provoking Situations On Malevolent Creativity, Daniel J. Harris, Roni Reiter-Palmon

Psychology Faculty Publications

Being intentionally harmful in original ways has been termed 'malevolent creativity.' The empirical study of malevolent creativity is still in its infancy, so developing a strong foundation of its antecedents is paramount. Three factors were identified as potentially influencing the generation of malevolently creative ideas: implicit aggression, which is aggression that is beyond one’s conscious awareness; premeditation, a facet of impulsivity that pertains to the degree of planning and forethought an individual engages in before acting; and situations that condone or otherwise provoke the use of malevolent creativity. Consistent with our hypotheses, and in accordance with the theory of trait …


Criminal Justice News, Georgia Southern University Feb 2015

Criminal Justice News, Georgia Southern University

Criminal Justice & Criminology: News & Publications (2012-2023)

  • Alumna Accepted into Ph.D. Program at Penn State


Southern Educator, Georgia Southern University Feb 2015

Southern Educator, Georgia Southern University

College of Education: News & Publications (2003-2023)

  • Early Childhood Education M.Ed. Earns Top 25 by The Best Schools
  • Young Artists Showcased at COE Event
  • NYAR Center Names High Flying Schools in Georgia
  • Faculty News
  • Alumni News


Letting Innocence Suffer: The Need For Defense Access To The Law Enforcement Dna Database, Jason Kreag Feb 2015

Letting Innocence Suffer: The Need For Defense Access To The Law Enforcement Dna Database, Jason Kreag

Cardozo Law Review

Law enforcement has gradually amassed a sizable DNA database that holds considerable promise for solving cold cases and identifying suspects. The Supreme Court has blessed this effort, allowing investigators to include profiles of arrestees as well as convicted persons in the database. At present, though, law enforcement has a near monopoly on use of the DNA database, leaving defendants at the whim of the law enforcement officials who control access to this tool. Legal scholars have alternatively praised and decried the database, but none has examined its prospects for proving defendants' innocence post-conviction. This Article fills that void by identifying …


Building Legal Competency: Foundations For A More Effective Criminology And Criminal Justice Discipline, Claire Nolasco, Rolando V. Del Carmen, Kevin F. Steinmetz, Michael S. Vaughn, Aneta Spaic Feb 2015

Building Legal Competency: Foundations For A More Effective Criminology And Criminal Justice Discipline, Claire Nolasco, Rolando V. Del Carmen, Kevin F. Steinmetz, Michael S. Vaughn, Aneta Spaic

Criminology and Criminal Justice Faculty Publications (Archived)

This article argues for the need to build legal competency in the discipline of criminal justice and criminology through incorporating law courses in its PhD program curriculum, whether as black letter law (i.e. criminal law, criminal procedure, courts), sociology of law, or socio-legal studies (i.e. law and society courses). Through requiring law courses as a necessary and integral part of the curriculum, and recognizing the mainstream impact of these courses, the discipline stands to enrich the field of legal studies in criminology and criminal justice. The discipline’s need and demand for law trained tenure track faculty with PhD credentials can …


Probing The Law On Probation: Suggestions For Reform, Darius Chan Feb 2015

Probing The Law On Probation: Suggestions For Reform, Darius Chan

Research Collection Yong Pung How School Of Law

To any criminal law practitioner, the Court’s power to grant probation as a sentencing option is of significant importance. Probation represents, to their clients, the key out of incarceration.Section 5 of the Probation of Offenders Act (Cap 252, 1985 Rev Ed) (“POA”) sets out the power of the Singapore Courts to grant probation. Section 5 uses three peculiar terms to create three categories of offences, namely:1. Sentences which are “fixed by law”; 2. Sentences carrying “specified minimum sentences”; and 3. Sentences carrying “mandatory minimum sentences”.For the latter two categories of offences, the Court can only grant probation if the offender:1. …


Guilty Stereotypes: The Social Psychology Of Race And Suspicion In Police Interviews And Interrogations, Sara C. Appleby Feb 2015

Guilty Stereotypes: The Social Psychology Of Race And Suspicion In Police Interviews And Interrogations, Sara C. Appleby

Dissertations, Theses, and Capstone Projects

Over 300 people have been exonerated by post conviction DNA testing, unequivocally proving their innocence. Nearly 70% of these post conviction DNA exonerees are members of minority groups, and approximately 69% of those convicted as a result of false confessions are racial/ethnic minorities (www.innocenceproject.org). To date, there is little research on the role of race in police interviews and interrogations. The present research had two goals. First, we examined Black and White participants' experiences during a mock crime interview. Second, using the interviews from Study 1, we evaluated the role suspect race plays in police officers' veracity judgments. Using a …


Street Code Adherence, Callous-Unemotional Traits And The Capacity Of Violent Offending Versus Non-Offending Urban Youth To Mentalize About Disrespect Murder, Zoe A. Berko Feb 2015

Street Code Adherence, Callous-Unemotional Traits And The Capacity Of Violent Offending Versus Non-Offending Urban Youth To Mentalize About Disrespect Murder, Zoe A. Berko

Dissertations, Theses, and Capstone Projects

National statistics are not available on the proportion of violent juvenile offenses driven by the experience of being disrespected. However, the New York Police Department estimates that about 40% of the city's shootings involve members of violent crews of 12 to 20 year olds with most of this gun violence driven by incidents of disrespect. Mentalization, defined as the ability to envision mental states (i.e., feelings, beliefs and intentions) in oneself and others, is viewed as underlying affect regulation, impulse control, self-monitoring, and the experience of self-agency, all of which are implicated in interpersonal violence (Fonagy, Gergely, Jurist, & Target, …


The Myth Of The Unteachable: Youth, Race And The Capacity Of Alternative Pedagogy, Cathy R. Borck Feb 2015

The Myth Of The Unteachable: Youth, Race And The Capacity Of Alternative Pedagogy, Cathy R. Borck

Dissertations, Theses, and Capstone Projects

My research consisted of three years of qualitative inquiry, including 62 interviews with members of the Department of Education, school administrators, teachers and students, as well as a yearlong ethnography at a transfer school that I chose because of its history of success with the city's hardest- to-reach youth. To my knowledge, mine is the first formal study of New York City transfer schools. "Transfer schools" are New York City's public alternative schools, which serve "over-age, under- credited" high school students (i.e. students who are "behind" in school). These students experience many challenges and interruptions to their education, including homelessness, …


Child Abductors Who Have Killed Their Victims: A Theoretical Approach To Spatial Analysis, Tonya M. Desa Feb 2015

Child Abductors Who Have Killed Their Victims: A Theoretical Approach To Spatial Analysis, Tonya M. Desa

Dissertations, Theses, and Capstone Projects

Despite the intense and prolonged public attention received when a child is abducted and killed, there are major gaps in the academic literature. One of the gaps pertains to the distances traveled by the offender between key crime locations. The overall aim of this study was to provide information concerning typical travel distances of offenders. This project utilized an archival data set compiled by the Federal Bureau of Investigation, National Center for the Analysis of Violent Crime. The database constructed for this project consisted of 72 victims who were abducted and murdered by 68 offenders. The date range for these …


Pennsylvania Academic Career/Technical Training Alliance Initiative: Engaging Youth In School And Work, Marna Goodman Feb 2015

Pennsylvania Academic Career/Technical Training Alliance Initiative: Engaging Youth In School And Work, Marna Goodman

Dissertations, Theses, and Capstone Projects

This research offers a feasibility study on the effectiveness of the Pennsylvania Academic Career Technical Training Alliance (PACTT) at engaging youth in school and work upon return to the community. The sample included adjudicated youth from Allegheny County, Pennsylvania committed to PACTT-affiliated residential facilities and who discharged between July1, 2011 and June 31, 2012. An overview of the PACTT Initiative, with specific attention to its core elements, is presented and examined in the context of Ecological Systems Theory. Secondary data was analyzed using logistic regression to measure the overall impact of the five PACTT elements, dosage of PACTT elements, and …


The Impact Of Police Misconduct In Kings County On New York City's Civil Liability 2006-2010, Brian A. Maule Feb 2015

The Impact Of Police Misconduct In Kings County On New York City's Civil Liability 2006-2010, Brian A. Maule

Dissertations, Theses, and Capstone Projects

The confluence of police misconduct and civil liability is an issue of growing concern for many communities throughout the U.S. today. The gravamen of the issue is evident in increases in the number of lawsuits alleging police misconduct and the civil liability that results from these lawsuits.

In New York City during the period 1997-2005 the cost for police misconduct went from $27.9 million in 1997 to $40.4 million in 2005 (Thompson, 2007). Concerns over these increases have resulted in efforts to curb both the number of lawsuits brought against the New York Police Department and the civil liability to …


Inmate-, Incident-, And Facility-Level Factors Associated With Escapes From Custody And Violent Outcomes, Bryce E. Peterson Feb 2015

Inmate-, Incident-, And Facility-Level Factors Associated With Escapes From Custody And Violent Outcomes, Bryce E. Peterson

Dissertations, Theses, and Capstone Projects

Introduction: Preventing escapes from custody is a critical function of prisons, jails, and the individuals who run these correctional facilities. Escapes are a popular topic in the news, among lawmakers, and in public discourse. Much of this interest stems from the widespread notion that escapees pose a serious threat to public safety, as well to the safety of correctional staff and law enforcement officers tasked with preventing and apprehending them. However, despite the importance of preventing escapes and minimizing violence, there has been very little empirical research on these issues in the past several decades. Extant research has also been …


Surviving The Streets Of New York: Experiences Of Lgbtq Youth, Ymsm, And Ywsw Engaged In Survival Sex, Meredith Dank, Jennifer Yahner, Kuniko Madden, Isela Bañuelos, Lilly Yu, Andrea Ritchie, Mitchyll Mora, Brendan M. Conner Feb 2015

Surviving The Streets Of New York: Experiences Of Lgbtq Youth, Ymsm, And Ywsw Engaged In Survival Sex, Meredith Dank, Jennifer Yahner, Kuniko Madden, Isela Bañuelos, Lilly Yu, Andrea Ritchie, Mitchyll Mora, Brendan M. Conner

Faculty Publications

No abstract provided.


Ineffective Assistance Of Counsel: How Illinois Has Used The "Prejudice" Prong Of Strickland To Lower The Floor On Performance When Defendants Plead Guilty, Erin A. Conway Jan 2015

Ineffective Assistance Of Counsel: How Illinois Has Used The "Prejudice" Prong Of Strickland To Lower The Floor On Performance When Defendants Plead Guilty, Erin A. Conway

Northwestern University Law Review

No abstract provided.


Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner Jan 2015

Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner

Northwestern University Law Review

No abstract provided.


The State (Never) Rests: How Excessive Prosecutorial Caseloads Harm Criminal Defendants, Adam M. Gershowitz, Laura R. Killinger Jan 2015

The State (Never) Rests: How Excessive Prosecutorial Caseloads Harm Criminal Defendants, Adam M. Gershowitz, Laura R. Killinger

Northwestern University Law Review

No abstract provided.


"No Logical Stopping-Point": The Consequences Of Padilla V. Kentucky's Inevitable Expansion, Derek Wikstrom Jan 2015

"No Logical Stopping-Point": The Consequences Of Padilla V. Kentucky's Inevitable Expansion, Derek Wikstrom

Northwestern University Law Review

No abstract provided.


Who Will Watch The Watchmen?: Citizens Recording Police Conduct, Michael Potere Jan 2015

Who Will Watch The Watchmen?: Citizens Recording Police Conduct, Michael Potere

Northwestern University Law Review

No abstract provided.


The University Of San Francisco Fact Book And Almanac 2015, Alan Ziajka Jan 2015

The University Of San Francisco Fact Book And Almanac 2015, Alan Ziajka

USF Fact Book and Almanac

No abstract provided.


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

Admissions Report - Detailed Data - January 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.


Corruption And Reversal Burden Of Proof, Wahyu Wiriadinata Jan 2015

Corruption And Reversal Burden Of Proof, Wahyu Wiriadinata

Indonesian Journal of International Law

This paper, entitled Corruption and Reversal Burden of Proof, was intended to deal with a question on the extent of the effectiveness of a reversal burden of proof as stipulated in positive (applicable) Indonesia law, that is, as provided for in Law Number 31 of 1999 on Eradication of Corruption Crime. Then, a problem that rose next was: could the application of reversal burden of proof in proving a corruption crime case prevent or reduce or even eliminate totally corruption crimes in Indonesia? This research built on a theoretical frame of thought from Roscoe Pound, who maintains that law is …


Class Notes, Georgia Southern University Jan 2015

Class Notes, Georgia Southern University

Arts & Humanities: News & Publications (2009-2023)

No abstract provided.


Beyond The Law: Connecting With Expertise In Other Fields, Suzanne R. Graham Jan 2015

Beyond The Law: Connecting With Expertise In Other Fields, Suzanne R. Graham

Continuing Legal Education Presentations

For a variety of reasons, law school graduates might find themselves in need of advanced degrees or continuing education in other disciplines. The how-to and where of navigating to the best, most-current resources and continuing education opportunities in fields beyond the law might be less obvious. The following tips are to provide basic, but vetted, resources for pursuing continuing education in areas outside of the law. Professionals can and should consult with experts in other fields. There is no quick and easy substitute for years of in depth study reinforced by practical application. However, retooling is a reality and the …


Everything Georgia: Cases, Forms, Information, Regulations, Statutes, Maureen Cahill Jan 2015

Everything Georgia: Cases, Forms, Information, Regulations, Statutes, Maureen Cahill

Continuing Legal Education Presentations

Primary law (case decisions, statutes, regulations); forms; pathways through the bureaucracy; corporate, financial, criminal justice and licensing information—lots of this is (mostly) freely available on the Web. In Georgia, government and university sites provide most of this valuable information, with government sites usually offering current data and universities filling in important historical material.


A Chronicle Of The Global Movement To Combat Violence Against Women: The Role Of The Second-Wave Feminist Movement And The United Nations: The Perspective Of Bangladesh, Anisur Rahman Khan Jan 2015

A Chronicle Of The Global Movement To Combat Violence Against Women: The Role Of The Second-Wave Feminist Movement And The United Nations: The Perspective Of Bangladesh, Anisur Rahman Khan

Journal of International Women's Studies

Violence against women strikes countless women in epidemic proportions across the globe. At present, it is treated as the most pervasive violation of human rights and a serious impediment for development. Shockingly, for many years, a huge culture of silence was associated with the acts of violence of men against women. The second-wave feminist movement of the late sixties and early seventies brought the issue into public discourse, provided a theoretical foundation to analyse the problem and commenced an all-out campaign to redress the problem. For the second-wave feminist movement, patriarchy or unequal power relations between men and women is …


The Meaning Of Hijab: Voices Of Muslim Women In Egypt And Yemen, Kenneth E. Jackson, Elizabeth Monk-Turner Jan 2015

The Meaning Of Hijab: Voices Of Muslim Women In Egypt And Yemen, Kenneth E. Jackson, Elizabeth Monk-Turner

Journal of International Women's Studies

This work explores how Muslim women in Egypt and Yemen understand the hijab, or head scarf. Based on data (N = 100) from a self-administered questionnaire written in Arabic, differences about the meaning of hijab are examined from the perspective of women who wear or are expected to wear the head scarf. When asked what the hijab means, Egyptian women focus on religious reasons and Yemeni women emphasize a cultural (or modesty) understanding. When probed further about their understanding of hijab, Egyptian women split between religious and gendered explanations. Significant numbers of women in our Egyptian sample report …