Digital Commons Network^™

Occupying The Constitutional Right To Housing, Lisa T. Alexander

Nebraska Law Review

The United States does not recognize a formal legal right to housing. Yet the right to housing is alive in America. Using qualitative interviews and case studies, this Article is the first to argue that recent American housing rights movements, such as the Occupy Movements, Take Back the Land movements, and Home Defenders’ League, give legal meaning to an American constitutional right to housing. These social movements represent the right to housing in American law when they occupy and retain vacant and real estate–owned homes, defend home owners and renters from illegal evictions and foreclosures, encourage municipalities to use eminent …

From Fugitives To Ferguson: Repairing Historical And Structural Defects In Legally Sanctioned Use Of Deadly Force, José F. Anderson

All Faculty Scholarship

The lawful use of lethal force to subdue suspected wrongdoers has a long tradition in our nation. There is certainly nothing wrong with securing, incapacitating, or even killing violent persons who pose a serious threat to the lives of innocent individuals. One of the important roles of government is to protect people from harm and keep the peace. Recent events in Ferguson, Missouri, have highlighted the tension between the officers on the beat and citizens on the street. These tensions are not likely to subside unless there are major structural changes in the way the police do their job and …

An International Analysis Of Corporate "Personhood:" Rights Vs. Responsibilities, Vanessa R. Bishop

Senior Honors Theses and Projects

Corporate person hood is not a term known or used amongst the majority of the populace. Citizens are often unaware that corporations can commit physical harms that are frequently reported as "accidents" and not as the result of human decision-making. In this study, we will analyze two nations: The United States and the United Kingdom. We will assess these nations relative to the existence of corporate homicide and corporate manslaughter laws, and each nation's response to such laws. Moreover, this research analyzes the ethical implications of each nation in relation to its corporate laws by measuring the balance between corporate …

Writing Wayward Women: Why Blog The History Of Victorian England's Female Offenders?, Lucy Williams

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

This article considers the multiple uses of academic research blogs for crime historians with particular reference to graduate students and early career researchers. Research focussed blogs help to develop the ideas and narrative styles of writers, provide vital opportunities for 'virtual colleagueship', and offer researchers valuable opportunities for networking and engagement both inside and outside of universities. Whilst there are some concerns to be raised over protection of authors' work, and the current lack of recognition for the effort and benefits involved with running a research blog, the opportunities to connect with the rich landscape of digital resources in the …

Digital Histories Of Crime And Research-Based Teaching And Learning, Andrew Davies, Mark Peel, Laura Balderstone

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

The proliferation of digitised primary sources has created exciting possibilities for those of us teaching undergraduate modules on crime and punishment in nineteenth century England and Wales. In this article, we reflect on our experience of devising and running a 'special subject' at the University of Liverpool in which we encourage our students to see themselves as active, independent researchers - as producers, rather than passive consumers, of knowledge. Working on individual projects in a group of 15, students tackle the different stages of the research process side-by-side, discussing issues of research design, record-linkage and the interpretation and analysis of …

Why Everything We Know About Criminal Justice History Is Wrong, Richard Ireland

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

No abstract provided.

Preface Our Criminal Past: Caring For The Future?, Barry Godfrey

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

No abstract provided.

Blogging Our Criminal Past: Social Media, Public Engagement And Creative History, Helen Rogers

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

Rather than asking should historians use social media - a question frequently posed online and increasingly discussed in seminars and conferences - this article explores how historians currently use blogging and micro-blogging, and how these media are transforming the ways we think and write about history. Blogging, the article argues, has the potential to 'turn history upside down' by breaking down traditional hierarchies separating amateur and professional, young and old, theorist and practitioner, reader and writer. Where early blogger-historians tended to be associated with large-scale digital projects and concerned with digital humanities methodologies, the article detects the emergence of a …

Narrating 'Our Criminal Past' At Greater Manchester Police Museum And Archives In The Context Of The Uk Government Funded Tackling Knives Action Programme (Tkap) 2009-2011, Beth Wilburn

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

The Tackling Knives Action Programme (TKAP) ran in England and Wales from 2008-2011 and aimed to reduce serious violence involving youths through nationwide and local initiatives. At Greater Manchester Police (GMP) Museum and Archives, TKAP funded the temporary creation of an Education Officer, whose remit was to use heritage to reach out to young people in different communities in Greater Manchester, and continue to break down barriers between them and police officers at GMP. This was attempted through a schools outreach programme in partnership with police officers, and supported by teacher resource packs, and tours and workshops held in the …

Thinking About The Future Of Our Criminal Past, Heather Shore, Helen Johnston

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

No abstract provided.

Height, Crime And Colonial History, Hamish Maxwell-Stewart, Matthew Cracknell, Kris Inwood

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

Since the 1970s historians interested in the impact of changing social and economic conditions on health outcomes have studied record collections that contain information about adult stature. Fluctuations in mean height by year of birth are potentially informative because they should reflect conditions encountered in utero and during the early years of life. Yet, like all historical records, surviving height series are not necessarily representative of the population as a whole. They are also subject to factors that might change over time. This article uses Tasmania nineteenth century criminal record series to explore these issues in greater depth. It is …

Bloody Code: Reflecting On A Decade Of The Old Bailey Online And The Digital Futures Of Our Criminal Past, Sharon Howard

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

The Old Bailey Online was conceived at the turn of the millennium and has been online since 2003. In this article, I reflect on its evolution and its impact on crime history and digital history, and I explore some key themes and challenges for the next decade: improving digital and online access to archival crime records; funding and sustaining digital resources; and building skills to make the best use of these resources. I emphasise the importance of sharing and re-using digital content, and of building partnerships within and beyond the academy, with public and commercial institutions, and with the huge …

Editorial, Judith Rowbotham, Kim Stevenson, Samantha Pegg

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

No abstract provided.

Everyday Offending In Plymouth 1880-1920, Iain Channing, Kim Stevenson, Judith Rowbotham

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

No abstract provided.

Editorial, Judith Rowbotham, Kim Stevenson, Samantha Pegg

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

No abstract provided.

A Centurial Legal History Of Child Justice Reforms In Nigeria 1914-2014, Iyabode Ogunniran

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

This paper analyses the development of child justice during three main periods in Nigeria. From 1914-1943, juvenile delinquency emerged as a distinct social problem; specific laws were enacted relating to children and Reformatory and Industrial Schools were established across the country. From 1943-2003, the colonial masters enacted the Children and Young Persons Ordinance for the treatment of young offenders. After independence in 1960, this remained the law regulating juvenile justice. However, most juvenile offenders were not granted bail by the police and the juvenile court structure and procedure were not protective. Offenders were sent to institutions but extensive research carried …

The Crown Practice Of Precognition In Mid-Victorian Scotland, Robert S. Shiels

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

The criminal procedure of precognition was and is the practice of taking of statements from witnesses by or on behalf of the local public prosecutor in place of or in addition to those statements provided by the police. That suggests strongly a different basis to practice from that in accusatorial systems. Precognitions constituted a preliminary sift of the evidence and the reporting of the results to independent lawyers for instructions was an unequivocal indication of decision-making within a hierarchical system. The administrative action of issuing written rules of practice to local public prosecutors in 1868 consolidated the existing procedure.

From Exculpatory To Inculpatory Justice: A History Of Due Process In The Adversarial Trial, Alan Cusack

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

This paper explores the historical context behind the emergence of the due process value system which lies at the heart of the Anglo-American legal tradition. By demonstrating, in particular, the reformative impact which the emergence of adversarial sensibilities in the late eighteenth century had in relieving the testimonial obligations of an accused, the paper explores the shift which occurred during this period towards an inculpatory model of justice. Significantly, this inculpatory model rejected the pro-prosecutorial bias which had epitomised the pursuit for justice in seventeenth and early eighteenth centuries. Moreover, whereas the antecedent exculpatory justice model was predicated upon the …

Structural Determinants Of Municipal Police Force Size In Large Cities Across Canada: Assessing The Applicability Of Ethnic Threat Theories In The Canadian Context, Jason T. Carmichael, Stephanie L. Kent

Criminology, Anthropology, & Sociology Faculty Publications

Substantial theoretical and empirical attention has been directed at isolating the structural conditions that lead to shifts in the size of metropolitan police departments in the United States. These studies rely heavily on ethnic and racial threat explanations, which imply that larger police forces will be employed in jurisdictions with larger minority populations. It is entirely unclear, though, whether such accounts are applicable outside the United States. This study fills this void in the literature by assessing the extent to which ethnic threat hypotheses can explain variations in police strength using data on 40 large Canadian cities from 1996 to …

Changing Course In The Anti-Domestic Violence Legal Movement: From Safety To Security, Margaret E. Johnson

All Faculty Scholarship

No abstract provided.

Zealous Advocacy: Pushing Against The Borders In Immigration Litigation, Elizabeth Keyes

All Faculty Scholarship

This article examines the forces that undermine zealous advocacy in the context of immigration court, and connects the context-specific issue of immigration defense to debates in the ethics literature about the possible justifications for zealous advocacy. As state bar rules and legal cultures and sub-cultures de-emphasize or remove the duty of zealousness, zealousness becomes increasingly counter-cultural. The article explores those trends, and shows (drawing on existing criminal defense ethical literature) why zealousness is justified in the adversarial and consequential immigration context. The article examines why a broadly understood and well-elaborated standard of zealous advocacy for immigration lawyers would be useful, …

Implicit Bias And The American Juror, Jennifer K. Elek, Paula Hannaford-Agor

Court Review: Journal of the American Judges Association

On August 9, 2014, white police officer Darren Wilson shot an unarmed black civilian named Michael Brown. In the wake of the extensive media coverage and public scrutiny that followed, the tragic incident triggered a federal civil-rights investigation and renewed a broader national dialogue about the perception of black males as inherently dangerous, threatening, or criminal—and the role of those perceptions in perpetuating racial inequality in the United States.1 A grand jury decision not to indict Wilson on murder charges elicited highly polarized reactions from the general public, which ranged from wholehearted support for Officer Wilson to further accusations of …

What’S (Who You) Love Got To Do With It?* Should Sexual Orientation Be A Permissible Basis For Peremptory Challenges?, Colin P. Saltry

Court Review: Journal of the American Judges Association

Friday mornings in the Philadelphia Court of Common Pleas are unofficially designated as civil-jury days. The vast majority of jury panels leaving the Juanita Kidd Stout Center for Criminal Justice and heading over to City Hall on Friday mornings are listed for civil cases—anything from motor-vehicle accidents and contract disputes to complex medical-malpractice and products-liability cases. These panelists—not always bright-eyed and bushy-tailed, though more often than not awake and attentive—are Philadelphians of all stripes. They come from all corners of the city and are, for the most part, pleasant folks. My job as judge’s tipstaff1 is to work with these …

The Resource Page (2015) 51 Page 128

Court Review: Journal of the American Judges Association

Since January 2014, the website ProceduralFairness.org has been posting quarterly summaries of new research. The website was created in 2012 to provide background information about how to improve procedural fairness in courts and policing. The quarterly research reports make it easy for those who want to follow developments in this area to find descriptions of all the latest research in one place. In many cases, the report even links to the full-text articles.

These quarterly summaries are prepared by Justine Greve, M.A., a staff member with the Kansas Court of Appeals, and Shelley Spacek Miller, J.D., a staff member with …

The Historical Case For Abandoning Strickland, Brian R. Gallini

Nebraska Law Review

I. Introduction

II. The Strange Right-to-Counsel Journey ... A. The Journey to Strickland ... B. Defining Who Is “Effective” Counsel

III. Strickland’s Untold Story ... A. Part V’s Analytical Fallacies ... 1. Tunkey’s Suppression Motions, Sentencing Memorandum, and Performance at Sentencing ... 2. Character Evidence, Psychological Evidence, and Giving Up on David Washington ... 3. Washington’s “Rap Sheet” ... B. The Disutility of Part V ... C. Justice O’Connor’s Private and Unspoken War

IV. Conclusion

Bridgewater Magazine, Volume 25, Number 1, Spring 2015, Bridgewater State University

Bridgewater Magazine

Contents include articles about BSU’s history as the institution celebrates 175 years of academic excellence. Other features include articles about the Leading for Change Higher Education Diversity Consortium, Criminal Justice professor Wendy Wright, and National Science Foundation grants encouraging STEM students to pursue teaching careers. Also Bridgewater and Alumni News.

Deaths In Custody; Is Ireland’S Investigative Process Compliant With Article 2 Of The European Convention On Human Rights?, Adeyemi Adeleke, Bernadette Ni Aingleis, Laura Cooney, John Lynch, Niamh Murray, Kevin Sheedy, Alshema Yousef

Students Learning with Communities

This research report examines the investigative process regarding deaths in custody in Ireland and other jurisdictions. The students completed this research as part of the LLB Bachelor of Law programme. This project was designed and completed in collaboration with the Irish Penal Reform Trust.

Criminal Corruption: Why Broad Definitions Of Bribery Make Things Worse, Albert W. Alschuler

Articles

No abstract provided.

Unbundling Criminal Trial Rights, John Rappaport

Articles

No abstract provided.

Legal Scholarship For Judges, Diane P. Wood

Articles

No abstract provided.